The Lagos State Physical Planning Permit Regulations 2019 defines “Setback as the distance at the front between the building line and the property (plot boundary) line”. While a Right of Way (ROW) is the reservation for all easements for Public Utilities such as Canal, Rail line, Oil and Pipelines, etc. The Planning Regulations 2019, specify a minimum Setback and Right of Way required for these Public utilities before construction or development takes place at the site.
However, ignorance of the required minimum setback and the right of way according to the regulations made it difficult for the prospective developer to comply with during the land transaction or land acquisition. Failure to make findings from the appropriate agency made some Developers or prospective landowners applications for a Planning Permit to be rejected or their structures demolished without compensation by the Government because of non-compliance to the minimum setback (distance) and the required right of way (ROW). Here are the required Setback or distance to Public Utilities and Right of Way.
A. Setback to Water Bodies and Gorges:
(i) Ocean and Sea:
The minimum Setback (distance) between any property and the ocean or sea shoreline shall not be less than one hundred and fifty (150) metres, in a natural state (or otherwise where there is an embankment). However, in other areas it will be guided by the current Operative Development Plan or shoreline protection;
The Setback (distance) between any property and the Lagoon shore-line shall not be less than fifty (50) metres, or as may be specified from time to time, while, in special cases and under certain conditions, development may be allowed close to the edge of, and on the lagoon for tourism and recreational development purposes;
(iii) River and Creek:
The Setback (distance) between any building and river bank or creek shoreline shall not be less than fifteen (15) metres;
(iv) Gorge, Canal or Drainage:
The setback (distance) between any building and the edge of a gorge, canal or drainage if defined by concrete live channel, shall not be less than ten (10) metres to the building, or as may be specified by the relevant statutory body.
B. Setback to the Highway and Roads
|S/N||Road width category||Required ROW(meters)||Explanations|
|1||120 meters||60 meters||from the centre line of the road to the property line.|
|2||90 meters||45 meters||from the centre line of the road to the property line.|
|3||60 meters||30 meters||from the centre line of the road to the property line.|
|d||30 meters||15 meters||from the centre line of the road to the property line.|
|e||24 meters||12 meters||from the centre line of the road to the property line.|
|f||18 meters||9 meters||from the centre line of the road to the property line.|
|g||15 meters||7.5 meters||from the centre line of the road to the property line.|
|f||12 meters||6 meters||from the centre line of the road to the property line.|
C. Setback to Rail Line.
The minimum setback between a building and rail line shall not be less than twenty-one (21) metres from the edge of the outer rail line to the property line;
D. Setback to gas and oil pipelines.
The minimum horizontal distance between the building line and oil/gas pipeline shall not be less than fifteen (15) metres from the outer edge of the alignment.
E. Setback to Electric Power Network.
|S/N||Electric Power KVA||Required distance from the centre line|
|1||0.415 KVA||6 meters|
|2||11 KVA||6 meters|
|3||33 KVA||10 meters|
|4||132 KVA||20 meters|
|5||330 KVA||30 meters|
|6||Substation||12 meters minimum from the substation property boundary.|