Kaduna State Urban Planning and Development Agency, Law No. 12 of 2015

j A 167 Kaduna State of Nigeria Gazette No. 8 Vol. 49 9th July, 2015 - Supplement Part A I assent this 27th day of May, 2015 ALHAJI MUKHTAR RAMALAN YERO Executive Governor of Kaduna State of Nigeria law No. 12 Kaduna State of Nigeria A LAW TO ESTABLISH THE KAOUNA STATE URBAN .PLANNING AND DEVELOPMENT AGENCY (KASUPDA) 2015 2015 (27th May, 2015) Date ~f Commencement. BE IT ENACTED by the House of Assembly of Kaduna Enactment State as follows: PARTI PRELIMINARY 1. This Law may be cited as the Kaduna State Urban ShortTme. Planning and Development Agency Law, 2015. 2. This Law shall come into operation on the 27th day commencement. of May, 2015 3. In this Law: "Agency" means the Kaduna State Urban Planning and Interpretation. Development Agency established by secti~ri 4 of this Law; "Authority" means the Local Planning Authority established by this Law; A 168 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 "Building" means any structure (whether of a temporary nature or not), erected or made on, in, over or under any land; , "Commercial development" means any development or use of land of any building on the land for any of the following purposes- (a) a shop, (b) an office, (c) hotel, guE!st house, night club, restaurant and way side stall , (d) a warehouse and other similar storage facilities, (e) a cinema theatre, sports stadium and a building providing indoor recreational and leisure facilities for a charge, (f) a market, and (g) any development or use of land of build ing on the land for any purpose incidental to any of the above purposes; "Commission" means the National Urban and Regional Planning Commission established by section S(a) of the Nigerian Urban and Regional Planning Law Decree 88 of 1992; "Commissioner" means the commissioner charged with the responsibi lity of Lands, Surveys and Physical Planning in / the State; "Control Department" means any agency performing the duties of Urban and Regional Planning and Development Control at the Federal, State and Local Governmenf1e\1el; "Development" Means: (a) The carrying out of any building construction , ~ngineering construction, or other operation in, on, overorunder anyland; ' - :1 I 1 t ' r ! r ; r I -~- ~ 1:· t ' ,, ,! j( ·1 i; ' ' L '11 c: ,}j ~ . f1 ::·,, -.~:-~ · · Kaduna State Urban Planning and Development Agency Law, 2015 Law No. 12 of 2015 A 169 (b) The making of any material change in the use of any land, building structure from its established or approved use, and or including the placing or display of advertisement on the land, building or structure; "Development Permit" means a permission to develop ,any land or building granted by the Agency empowered to ' give such permissi?.n under this law; "Developer" or "Owner" means the person or group of persons who is or are for the time being entitled to a right of occupancy over a piece of land for which a plan is submitted to the construction of a building or structure including the agent or legal representative of such person(s); "Development Plan" means a plan indicating the manner in wh ich an area of land should be developed; "District Plan" means a comprehensive plan designed for each Local Government or part of any Local Government. "Federal Land" means all land acquired by the Federal Government, within the state including those lands occupied by Federal institutions or Agencies; "Government Acquisition" means all land la wfully acquired by Federal Government, State Government or Local Government for itself and any of its agencies of bodies established by law; "Industrial development" means any development or use of land or any buildi.ng on land for the purpose of: (a) (b) (c) Processing any mineral, Extracting or producing by whatever means other than mining one product from another product or substance, Repair and working on any mechanised equipment, .}i.,~­ ·:.~·. i"'.· A 170 Law No.12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 "Institutional development" means any development on the land for any of the following purposes- (a) So cial welfare and community development, (b) Offices for party political organisations, trade unions, employee; association and any other organisation whose principal purpose is participating in public affairs, (c) Sports and social clubs but not clubs offering overnight accommodation on charge offees, (d) Museums and galleries, (e) Swimming pools available for use by members of the public with or without payment of a fee, (f) . 8-eligions institutions, and (g) Any development or use of land for any purpose incidental to any of the above purpose; "Land" has the same meaning ascribed to it in the Interpretation Act; "Land Use Plan" refers to a plan adopted by the Kaduna State Government or any of its statutory agencies, bodies established by the law or Town Planning Agency for the whole or any part of Kaduna State; "Dwelling - House" means a building erected or converted for use primarily to provide living accommodation; "Enforcement Notice" includes a stop notice( contravention notice and a demolition notice; "Local Land" means all land outside Federal and State Government Acquisitions and those of their Agencies duly vested in the respective Local Government Acquisition for - Village Development; "Local plan" includes plan formulation in detail, within the context of the structure plan, the way in which the policy and general proposals are to be implemented and includes a Fly or a combination of the following: ij Kaduna State Urban Planning and /)evelopment Agency Law, 2015 Law No. 12 of 2-015 A 171 · (a) District plans which are plans designed for areas where factors in local planning need to be set out comprehensively, and (bJ - Action area plans which are plans for areas indicated (or indentified) for action by structures plans i.e. where changes by development, or improvement needs to be affected, •· -- "Petitioner" ri'lBans any aggrieved member of the public . who submits a written complaint to the Agency for redress; . Physical Development Plan" means any plan set out in section 18 of this Law and includes any scheme, plan or master plan approved under any legislation; "Plan"means land use proposal expressed in words and graphics; "Plot" or "Site" means a parcel of land which has been demarcated by a Survey Plan with inden~ified boundary Beacons; "Public Building" means a building used either regularly or occasionally as a public hall, public clinic, cinema, post office, theatre, stadium, exhibition hall orfor similar purposes and it includes any building used as a place of worship, instruction, recreation, meetings, government administratiqn, health institution to which any member of the public has · access; "Residential Unit" means a building or part of building consisting of many rooms, and a flat forming a habitable unit of one family with independent utilities; "Residential Development" means development oHand or any building for residential purpose; "Regional plan" means statement of general policy and proposals for the development plan designed to channel the growth of such a region in desirable directions; • A 172 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 "Rehabilitation" means the planning process whereby individual structures are improved to meet established building- standards and criteria; and can also be called rerrovation scheme; "State" means Kaduna State of Nigeria; "State Land" means all land within State Government Acquisition including those already allocated for development to individuals and corporate bodies and institutions in conformity with State Land Laws and Regulations; "Sub.-Regional Plan" means a plan for areas indicated for action by structure plan; \ "Urban Renewal" means planning proposals geared toward physical improvement of blight areas of Urban Settlements through rede~elopment, rehabilitation and upgrading; "Blight Areas" means areas that are physically and/or environmentally deteriorated/degraded. "Zoning" refers to the Land Use Provisions in the State Regional Land Use Plan, Operatives Master Plan, District Plan, Urban Renewal plan of any area in the plans defined as such which specifies the appropriate use for which a development could be put; "Metropolitan plan" means genera! policy and proposals for the physical, spatial and environmental development of a very large town or metropolitan area which may or may n cl extend over more than one planning authority's jurisdiction; "Physical Development Plan" means a~y o fthe planst ­ set out i n section 1 of Decree 88 of 1992 and includes any schemes, plans or master plans approved under authority of any legislation repealed by the 1992 Decree or made under any other authority of any leg islation approved under the Decree; J J, I I L •1 i ':: I ~r !\ i I I ··- \ J\ I ~ ! t~ ; 1~ : Kaduna State Urban Planning and Development Agency Law, 2015 Law No. 12 of2015 A 1 73 · "Plan area" means the area of land designated by the planning authority with power to designate as the area for which a physical development plan is to be or has been made; "Region" means an area of land less than the state but more than a town area having distinctive characteristics that distinguish it from other areas; I / ' "Ruralarea" means ar:iy part of the state which is not declared · an urban area; "Structure" means any permanent or semi - permanent construction in which person may reside, work or carry on other activities; "Panel" means the State Urban and Regional Planning Complaint Panel established under section 69 of this law "Urban area" means any area designated accordance with section 3 of the Land Use Act. "Gross misconduct" means very serious wrong-doing and improper behavior which can be investigated and proved. PART II ESTA~LISHMENi, COMPOSITION, POWERS AN D FUNCTIONS OF THE AGENCY 4. {1) There is hereby established an agency to be Establishment known as Kaduna State Urban Planning and Development 01th eAgency. Agency (KASUPDA); (2) The Agency shall,be a body corporate with perpetual succession and common seal with powers to sue and be sued in its corporate name. 5. The Governing Board of the Agency shall comprise Membership of members to be appointed by the Governor as follows: of th e 808rd · (a) Chairman; (b) General Manager; A 174 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 (c) ... Representative of the Nigerian Institute of Town Planners with a minimum of ten (1 O) years' practical experience; (d) Representative of Nigerian Institute of Architects with a minimum often (iO)years' practical experience; (e) Representative of Nigerian Bar Association with a minimum of ten (10) years post-call experience; (f) Two registered members to represent the following professions: (i) Building engineering; (ii) Civil/Structural Engineering; (iii) Quantity Survey; (iv) Estate Survey; and (v) Land Survey/Cartography. (g) One representative each not below the rank of a deputy director from the following Ministries, Departments and Agencies: (a) Works, Transport & Housing; (b) Kaduna State Public Works Agency (KAPWA); (c) Kaduna State Environment Protectio11. • Agency (KEPA); /. (d) Ministry for Local Government; and (e) Ministry of Justice. (h) Representatives of M in istry of Lands, Surveys and Country Planning; (a) OirectorTown Planning; (b) Surveyor General; r r 'F I i 'r" ' -,, ' {'; ;:; ·. -~ ' ;:' l~ , .:, Kaduna State Urban Planning ancf Development Agency Law, 2015 Law No. 12 of2015 A 175 (i) Secretary of the Agency shall be the Secretary of the Board . 6. The Governing Board shall perform the following Functicns "cl tse . , Gcvemmg Beare. funct-1GAs~--- (iJ Quarterly Sitting to deliberate on matters forwarded by the Management; (ii) Emergency Sitting to deliberate on urgent matters that may arise; (iii) Consider and approve promotions for junior and intermediate cadre; (iv) Approve contracts of the Agency/spending above Five Million (N5,000,000.00); (v) Any other issue that may be forwarded by the Management. 7. The Chairman referred to in sectfon 5 (a) shall have Qualification been in professional practice for a minimum of twenty (20) rh:~man years and shall have been registered with the Town Planning· Registration Council or any professional in the puilding industry with similar qualifications. 8. The General Manager referred to in section 5 (b) Qualification shall be a serving registered Town Planner not below the ral)k ~~~=!~ neral of a Deputy Director or its equivalent in other institutions or in private practice with a minimum of fifteen (15) years post registration experience. 9. The Chairman and members shall hold office for a term of three (3) years in the first instance and shall be eligible for reappointment for another term of three of three (3).years only. · 10. ( 1) A member may, at any time resign his membership by sending a notice of resignation in writing to the Governor; A 176 Law No.12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 (2) The Office of a member shall be declared vacant in any of the following circumstances i.e. if he: (a) Is convicted of an offence involving fraud or dishonesty; (b) Is incapacitated by physical or mental illness; . (c) Has become bankrupt; (d) Is found to have conflicting financial or other interests which is prejudicial to the Agency; (e) Has been absent from three consecutive meeting without the permission of the Chairman; or m Is guilty of gross misconduct. A llowance s 11. The Chairman and members of the Board shall be of Members of . . the Board. entitled to such remunerations, fees and allowances as the · Board with the approval of the Governor may from time to time determine. Appointme nt 12. (1) There shall be appointed by the Governor a of the Secre- tary. Secretary for the Agency; (2) The Secretary shall be responsible for: (a) Making arrangements for m eetings of the Board; (b} Preparing the agenda and minutes of the · meetings; (c) Keeping proper records of proceeaings of the Agency; (d) Obtaining legal and professional advice on all matter connected to the Agency; and (e) Making arrangements for payment of fees and allowances fo r attendance of meeting r l Kaduna State Urban Planning and Development Agency Law, 2015 Law NO. ·12 of 2015 · A 177 and all other duties of the Agency affecting the members. ·-1-3-:-The General Manager shall be the Chief Executive Institutional Officer of the Agency and shall be responsible for the day to f;:~:work .. . day running of the affairs of the Agency. · Operation of the Agency. 14. (1) The Agency shall be a Parastatal under the Mirilstry of Lands;-·survey and Country Planning. (2) The Agency shall for the purpose of its operations determine its organisational structure in line with this law and policY. guidelines of Government. 15. The Agency shall perform the following functions: (a) Formulation of State Policies for urban and regional planni~g in conjunction with the Ministry of Lands, Surveys and Country Planning; (b) Implementation of State Polici.es for urban and regional planning and physical development of the State; (c) The initiation, preparation and review in collaboration with the appropriate Local Planning Authority: (i) Preparing of Physical Development Plans; (ii) Master plans for each of the Lo.cal Government areas in the state; · (iii) District plan; (iv) Outline development plans; and (v) Other physical development plans and scheme embracing special distribution of major roads, location of industrial, commercial, residential, administrative a well as recreational facilities· .. A 178 LawNo.12 of 2015 Kaduna State Urban Planning and Development Agency Law; 2015 Establishment of Local Planning Authority. (d) Programmes for coordination, preparation and review of Master plans as at when due; (e) The establishment and operation of an effective development control organ. (f) Urban Planning and renewal; (g) Ensuring thatfull and comprehensive records are kept of the plans and schedule of all applications for the development permit and those which are conditionally approved or refused; (h) Conduct of research in urban and regional planning; (i) Provision of Technical assistance to the Local Governments; (j) Consultation and co-ordination with Federal Government and Local Government in the preparat ion of physical planning development; (k) Supervision of the activities of Local Planning Authorities in the State; (/) Collaborate with other relevant Ministries, Departments and Agencies for the purpose of planning and implementation ofits schemes. 16. (a) There shall be established in each Local Government Area of the State a Body to be known as Local Planning Authority (in the law referred to as "Local Authority") (b) The Local Authority shall have jurisdiction with respect to land outside the designated Urban Areas. -- / Kaduna State Urban Planning and Development Agency La.,1, 2015 Law No. 12 of2015 A 179 17. (1) The Governing Board of the Local Authority Composition shall comprise of the following members; · ~;a~~:~ -------- (a) (b) . Authority. A Chairman; Representative of the Planning Agency who shall not be below the rank of Chief Town Planning Officer; "7, .:: . /. -. · , MI· / (c) ·Gne representative from all recognized professional bodies; l %: }~ :, • a ~ ':· ,:. ,: .•.• , \.! '~ f ,, I I ··~ i 1. . ~~~ f; . lt i J .,.,,./ (d) Head of Works of the Local Government; (e) Secretary appointed by the Loca l Authority from the Administrative Staff of the Local Government; (f) · Education Secretary ?f the Local Government; and · · (g) Zonal Lands Officer Ministry of Lands Surveys and Country Planning and resident Surveyor. (2) The chairman referred to in Section 17 (1) (a) shall be a person with requisite planning knowledge. 18. The Local Authority shall under take development control with in its area of jurisdiction ( excluding urban areas and filing stations) PART Ill PHYSICAL DEVELOPMENT PLANS 19. (a) Where any agency lacks the technicalcapacity Review or the to perform any of its functions, it may, with the approval of the ~~erativ;~~: Governor appoint other professionals or assign such P h Y s, ca 1 responsibility or activity to the professional so appointed. ~ 1 : ~elopment ------- - ---- ·• -- ·· ··----------------- A 180 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 (b) Agree where it considers appropriate that certain Physical Development Plan be drafted and processed for y:ipproval in defined parts: (c) Direct that some sections of the Operative state Physical Plan shall be adopted with necessary modifications in the making of the town local and subject plans. Procedure for 20. ( 1) The procedure for preparing the state Physical Making Town D · d · h Local and evelopment plan shall be adopte w,t necessary Subject Plans precautions/modifications in the making of the town local and ·etc" . · subject plans. (2) Subject plans shall be recommended by the Agency for approval. Appli cation 21. The Agency shall have powers to consider for Planning 1. t' f I • · · t d · t f th Permission. app !Ca IOn Or p annmg permlSSIOn O evIa e rom e provision of the Operative Master Plan where necessary. A n n u a 1 22. It shall be the duty of the Agency to review the ·annual Report. · reports submitted to it by the Local Authorities. Development Permit 23. ( 1) Any application for development permit under this law shall compiy with all requirements, regulations and standards as contained in this law. (2) Any applicatiQn for development permit to erect or partition a structure shall be in confo·rmity with the K-aduna ·· State Planning Regulations as well as the National Buildjrig Code. (3) Under this Law, development permit m~x b~granted to an applicant in respect of the following: (a) Use and development of land; {b) Material changes in the use or land or structure; · ( c) Interim use of land that is zoned or scheduled ' t; ., (~ ~ for an approved development but not L ~ 7, {I li . -~ Kaduna State Urban Planning and Development Agency La1<1, 2015 Law No. 12 of 2015 A 181 required for that use within two (2) years, provided such development or structure that may be erected shall be of temporary - -- - building materials; and ~i\: l ,, . (d) ~~~ ification of an approved development 1\~' ·. /// 24. Fo•r the purpose of this law the departments of the Departments ' / Agency shall be: of the Agency . . 111 ~ t.,· :l f - t ~ !.· -~- r· ·~ l - li: f i 1 J,j } (a) (b) (c) (d) (e) Urban Planning and Research Department; Development Control Department; Monitoring and Compliance Department; Administration Department; and Finance and Supplies Department. 25. (1) There is here establishment in the Agency a Functions of Development Control Department (In this Law referred to as ge~e~oi~:n~ the "Control Department"). Department. ... (2) The Control Department shall be multidisciplinary Department charged with the responsibility for matters relating to control of physical development and implementation of all Physical Development Plans. (3) The Control Department shall have p9wers to recommend to the Agency who shall issue development permits to any applicant who complies with the provision of this law or any regulations, particularly with the provisions of · the National Building Code. ( 4) Where development permit has been issued under this law by the Agency in respect of any development plan submitted for approval the plan shall be referred to as Approved Plan by the Agency. A 182 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 J Appl i cati on 26. A developer shall ap·ply for development permit for Develop- f th A b 'd' h . .r: 1· . I d. I mentPermit. rom e gency y prOVI Ing SU~ Jn1orma IOn Inc U mg, pans, designs, drawings and other relevant documents as may be .prescribed by regulations made pursuant to this law. Gov ernment 27. (1) No development shall be commenced by any Age n cies 10 Government agency w ithout obtaining an approval from the 0 b t a , n Approva l for Agency on the recommendation of the Control Department. Land Develop- . ment. (2) No outdoor advertisement, bill-boards, signpost, or telecommunication mast may be erected by any person, group of persons, organisation, government or its agencies without prior approval of the Agency pursuant to this law or any other law. 28. The Control Department shall recommend to the General Manager of the Agency for issuance of development permit to any applicant if: (a) The development plan is prepared by a reg istered town planner in the form .prescribed in the National Building Code and any regulations made pursuant to this law; (b) The application involves civil or structural, mechanical and or electrical details and is signed by qualified Engineer registered to practice in Nigeria; (c) The architectural drawings for any structt.'./re ,· or development shall be prepared and · signed by a registered architect; (d) The detai led information relating to construction works, provision of services, clearance from the State Fire Service, Police, Nigerian Nation a l Petroleum Corporation Report of Environmental Impact Assessment, ·Site Analysis Report, Site Location Plan, project Quality management ,;-: ... ' / Kaduna State Urban Planning and 0.evelopmenl Agency Law, 2015 Law No. 12 of2015 A 183 Plan. Project Hea lth and Safety Plan, construction Programmes, conditions of contract; All-risk insurance for the building works, personnel and equipment or any other relevant information is specified in the National Building code and any other regulation made pursuant to this Law. 29. (1) An application for a development permit may Grounds tor b · t d 'f Rejection of e reJeC e I : Development . Permit (a) Development for which the permit is being · sought is not in accordance with an approved physical development plan; (b) The Development for the area is not in conformity with the proposal: (c) In the opinion of Development Control Department, the development is likely to have a major negative impact on the environment, facilities or inhabitants of the community, or demands such additional facilities which are not within the estimation of the physical development plan for the community; (d) The proposed development falls within proposed or approved roads, public utility, service lines, drainage channels, canal or water body; (e) The proposed development fall within puplic recreational, open space or other service plot within a layout in a Government acquisition area; m The development is not in accordance with any other acquisition as may be specified under any regulation made purS'Uant to this law; • . .. -· -- ·· ·-··- --------------7- J ·A 184 Law No. 12 of 2015 Kaduna State Urban Planning and. Development Agency Law, 2015 (g) Documents annexed are not prepared by registered professionals; and Presentation . , (2) The Development Control Department may consider the re-application made to it by any p erson body or organisation whose earlier application has been rejected. Submission of 30. (1) A developer shall at the time of submitting environmental 1. 1. f d I t ·t I b 't I 1 rn P a c t app Ica I0n or eve opmen permI a so su mI an approva Assessment on Environmental Impact Assessment Report (EIAR) from Report. . Kaduna State Environmental Protection Agency (KEPA) in respect of application for: (a) A residentia l development on land in excess of 1 /2 hectare or development in excess of 3 Storey Building (b) Factory bui lding or expansion of Factory Building (c) Office or other Commercial Building including Institutional; {d) Place of Worship; (e) Majo r Recreational Development covering more than 10,000 square meters; (f) Petrol Filling Stations; (g) Telecommunication Mast; and (h) Any other building(s) as specified in any regulations made pursuaotto i his law Submission of (2) A developer shall at the time of submitting his Site An alysis 1· 1· f d I ' I b . d t ·1 d s· Report app Ica I0n or eve opment permit a so su mIt a e aI e 1te Analysis Report prepared by a registered Town Planner together with; !' Jj . j "i ; I : !-, r---- -1 ' l • ·.·.·.'. -l i! j: \ ~ Kaduna State Urban Planning and Development Agency Law, 2015 Law No.12 of2015 A 185 (a) All development proposq.ls and Site Plan prepared with· architectural drawings; and (b) Application for Statutory and Customary Right of Occupancy or copies thereof already granted; 31. · (1) The Development Control Department shall Approval or · . . Rejection of recommend the approval or refusal of an application for Development development permit and advice the Agency accordingly. Plan. (2) The Development Control Department may delay the approval of application for development permit if: (a) The developer fails to pay the fees or other · charges imposed by the .Agency; and (b) The developer fails to comply with any other conditions stipulated by regulations made under this law. (3) In reaching its decision under sub-section (1) and (2) of this section the Control Department shall comply with: (a) The Policy and Proposal of an operative Physical Development plan applicable to locality within its area of jurisdiction; (b) (c) A proposed approved physical development plan or an approved physical development plan under review; and Any other consideration made and applicable to a locality by regulation made pursuant to this law. t­ f g (4) Where the applicant has met all requirements the The Limit of f Agency shall not delay the approval of an application for ~P~;oav~I~ n 9 \ development permit for a period of more than one month. A 186 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 Enforcement 32. (1) The Monitoring and Compliance Department ~f uR~g~te 0! shall enforce all the rights and duties attached to a Attached 10 a development permit against the holder for the time being of a Development . . Permit development permit or his agents. (2) Where a holder of development permit transfers or assigns his interest, the Monitoring and Compliance Department shall enforce all the rights and duties attached to a development permit against such transferee or assignee. · Validity of a 33. ( 1) A development permit granted in respect of any Development . Permit development on any land shall be deemed to be valid for two (2) years from the date of communication of the approval of a development permit to a developer. (2) Where the holder for the time being of the· development permit fails to commence and or con,plete development within two (2) years of such permit the development permit shall be deemed to have lapsed and becomes subject to revalidation by the Agency which issued the original permit at the prevailing processing rates. Conformity of 34. The Conditions attached to the grant of the . ~:~! l~pma~n~ development permit by the Agency shall not conflict with the Certificate of conditions attached to the grant of a statutory or a customary occupancy. right of occupancy provided that the right of occupancy is not in conflict with the approved land use zoning for the site. Revocation of 35. (1) Any development permit granted by the Agency Development . . . Perm ii. underth1s Law may be revoked on any of the following grounds: (a) That the proposed development and uses for which development permit was granted are no longer appropriate; (b) That the site to which the development permit applies is required for over­ riding public interest; 'f : \ : I ~ I .. t1 ij ;..J . p :i I i~ l ~ l r~ -\ , ~ Kaduna State Urban Planning and Development Agency Law, 2015 Law No.12 of2015 A 187 (c) That false information was given by the developer or person( s) who applied for the development permit; (d) That the development form which the permit was granted contravenes any other conditions as may from time to time be stipulated by the Agency; (e) That the developer contravenes the handling of the building production, management/processes as stipulated in the National Building Code; (f) That the Development poses security challenges based on security reports received and verified ; or (g) That the building is hazardous to its occupants or neighbours owing to its physical condition. (2) Pursuant to sub-section (1) of this section the developer or holder for the time being of a development permit shall be served a notice of intention to revoke the permit. (3) The notice shall state the reasons for the proposed revocation action by the Agency. ( 4) The Agency may consider any representation made to it by the holder for the time being of a development permit or his agents. 36. A holder of a development permit or his agent who A P P e a 1 is dissatisfied with the revocation of the development perhlit ~e~o~ ti:n \~ may appeal against the decision of the Agency to the Appeal Development Panel established under this Law. Penlllt 37. No compensation sha!I be pa[d if: Compensation Not Payable . .... ,:•;;',t .,~: ...... ....,., ....;.,, , , •• w ;;;a;:nn.c ;s a.saw w w ., ·™ .. """' iilln" --,,: A 188 Law No. 12 of 2015 Kaduria State Urban Planning and Development Agency 'ui,;J,:-i{}i5 Service of Enforcement Notice. (a) (b) A development is not in accord~hcew1thth-e­ fe rm s and conditions unde·r Whl'ch · development permit was grante~:L The right of occupancy of the land on which development was to take place has been revoked. 38. (1) The Monitoring and Compliance Department may serve any enforcement notice: (a) Notice of contravention; (b} Notice to stop work ( stop work order); - (c) · Notice to quit; (d) Notice to seal up; or (e) Demolition Notice. (2) An enforcement notice maybe issued pursuantto sub-section (1) of the section not-with-standing that the unauthorised development took place before the · commencement of this Law. Alt er.ition 39. (1) Any enforcement notice served pursuanttothis Var,allGn -- .of. · . Development Law may direct the developer or owner to vary, remove or · discontinue the development in question. (2) The Agency may impose additional conditions to the enforcement notice as it may deem fit. (3) Before issuing and enforcement notice theAgen.cy shall: (a) Have regard to the existing corrdttlorm for granting development permit; - (b) Have regard to the likely environmental degradation or impact of a development under consideration to its surrounding development; and ,., ":'ri.;:. • ....... t 5 -~ ~-; --C.":.~~ i r J Kaduna State Urban Planning and Development Agency Law, 2015 Law No. 12 of 2015 A 189 (c) Consider the over-riding public interest. 40. (1) An enforcement notice served under this Law Forms of shall: - Enforcement. (a) Be in writing and served on the developer, agent, occupier, user or owner of the building; (b) · Be served by pasting such enforcement notice on the building or structure which is the subject of the notice in lieu of personal service as stipulated in sub-section (1) (a) of this section; or · (c) State the reason for the enforcement notice issued by the. Monitoring and Compliance Department. (2) The Monitoring and Compliance Department shall consider any representation made by the developer or owner or his agent and communicate its final decision accordingly. 41. The Monitoring and Compliance Department or its Enforcement Authorised agent shall enforce an Orderofthe Planning Panel of an o,cier. or High Court against a developer or holder of the time being of the development permit who fails to comply with such an ·order. 42. A developer or holder for the time being of a Development development permit shall be responsible for all expenses ~~a~;~i; reasonably incurred by the Agency or any of its officers·or Expenses. agents as the case may be in enforcing the provisions of this Law. 43. Where it appears to the development Control Issuance of · Stop-Work Department that: Order. ■■-!l!!.lll&l!!l!&!!!l,!&J'l!l ,!!!.!!S!l!!Mi!l!'li!!!!l&:!&£i!iK!'l!ll!!!!!!!l!!!!WD!l!ll!!!ll!'l3!!S!£r.:.l!IWWW&!S.-1!,e!WBlllill, ..,.,, ' ...-i~ L- A 190 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 Stop-Work Order to Take Effect on Service. (a) An unauthorised development is being ·carried out; or (b) Development does not comply with a development permit, the Department shatl issue Stop Work Order Pending the Service of enforcement not ice on the owner, developer occupier or holder of the development permit as specified in section 38 of this Law. 44. (1) A Stop-Work Order shall take immediate effect upon service on a developer, owner or Occupier or Agent of the owner of the development for the time being. (2) A Stop - Work Order can be served by pasting.such , Order on the building or structure which is the subject of the notice in- lieu of personal service as stipulated· in sub-section ( 1 ) of this section . (3) A Stop - Work Order shall inform the developer ·or occupier of: (a) The development which is required to be . stopped; and (b) The work to be done on the site to conform with the permit issued thereto. ; L ,. i L. L i . l ;· I: .. ; b- / Reasona bl e 45. The Authority shall give a reasonable time not / Time to be . . . . , . • Given to a exceeding seven (7) days w1th1n which the developer shall be' Developer lo required to comply with the provision of section 43 of this Law. Comply lo Stop-Work Order. Pciwer of 46. Where a developer or owner contravenes the A g e n c Y · · f I · I R I t· d t Contravention prOVISI0n 0 a panning aw Or any egu a !On ma e pursuan of a Planning to it the Agency shall have the power to require the developer Regulations. t . o: . l :;;} ----~i 'I' j Kaduna State Urban Planning and Development Agency Law, 2015 Law No. 12 of 2015 A 191 (a) Prepare and submit his plan for approval. (b) Carry out alterations to a building as may be necessary to ensure compliance; (c) Pull down the building; or . (d) Re-install a piece of land or building to its original state prior to the commencement of development. 47. Any person or corporate body who fails to comply Offences and with the terms of a Stop - Work Order issued and served under Penalties. this law commits an offenc;e and shall be liable to fine of NS0,000.00 or 2 years imprisonment or both. A continuing violation shall attract a fine of N5,000.00 for each day of violation. . . 48. (1) The Agency shall have the power to serve on a Dem o lit i on developer orO\,vner, a Demolition Notice if a structure erected Nofice. is found to be defective, poses danger or constitute a nuisance to the occupier or the public, or fails to meet the minimum building standard prescribed in the Urban ahd Regional Planning Law and the National Building Code. (2) After the expiration of the time specified in the notice the Agency shall take necessary action to effect demolition of the unauthorised development. 49. A developer or owner shall reimburse the Agency Reimburse for all expenses incurred in the exercise of its function under g: 0 ~! on. section 48 of this Law. · 50. (1) In the performance of its functions under this Listing of L . I 1· t t I f d rt· . t I d t Building of aw In re a I0n o con ro o a ve Isemem, was e an , rees, Special building of special architectural or historical interest, the Architectural Agency shall ma ke a list of :such buildings of special ~; 1::: !~.rical architectural or historical interest. A 192 Law No. 12 of 201.5 Kaduna State Urban Planning and Development Agency Law, 2015 Condition for Listing of a Building. (2) lncarrying out its function under sub-section (1) of this section, the Agency may obtain the list of building special architectural or historical interest from individuals and corporate bodies. 51. A building may be included in the Agency list if: (a) The building is of historical or special architectural interest as may be determined by the Nigerian Institute of Architects (NIA) in conjunction with the State Ministry of Culture and Tourism; (b) Its exterior contributes to the architectural or historical interest of a building of a group of buildings of which it forms part; and · (c) A desirable man-made object or structur(? is fixed to the building or part of the !arid comprised with the cartilage of the building .. c o n s u I t 52. Before compilation of a list the Nigerian Institute of Person with . · · s P e c i a I Architects and any such person as may appear to have Knowledge. specific knowledge in building of Architectural or bistorical interest may be consulted. c O n s u I t 53. The list of such buildings of architectural or historical Person with. t t h II b d . d . h h T Pl . Offi . s p e c i a I in eres s a e epos1te wit t e 1own anning ~ces, Knowledge. Agencies or the Local Government. · · . • -Publication on 54. The Agency shall cause to be published in the official the Gazette. · Gazette the list of building of special Architectural or historic.9.I · interest within the State for the purpose of preservattc,n. D e molition 55. A listed building may be demolished altered or Alteration of xt d d 'fth A - · .i; th t· Listed Building. e en e I e gency gives a wntten consent 1or e execu 10n of works on the listed Building. ..... ~; .... .. -tea L J J ~ Kaduna State Urban P{anning and De velopment Agency Law, 2015 Law No. 12 of 2015 A 193 56. Any Person who: (a) Executes or causes to be executed any work aimed. at t he demol it ion, alteratron or extension in any manner which changed the character of a listed building; or (b) Fails to comply with any condition attached to a written consent of the Agency, -commits an offence and shall be liable on conviction to a fine commensurate to the value of the property. Offences and Penalty. 57. The Agency shall permit where appropriate, a oevelopment provision on the provision of existing trees or planting of new Permit to include trees by the imposition of necessary conditions. Appropriate Provision for Presentation and Planting of Trees. 58. (1) The Agency shall regulate the dimensions, Control of d · I · t d · h · h Outdoor appearance Is pay, SI e an manner 1n w Ic · an Advertisement Advertisement Board shall be fixed to land. (2) No person shall display an advertisement without the written consent of the Agency. (3) Any person who fails to comply with sub section (2) of this section commits an offence and on conviction shall be liable to a fine of not less than N2O,OOO.OO or imprisonment for a term of not less than 6 moths or both. ( 4) The Agency shall be responsibie for street nami,ng and numbering in conjunction with Local Government Authority 59. If it appears to the Agency that the wasteland Maintenance . f f d. . . . . I of Wasteland. amenity o part o an area or an a Joining area Is serious y · injured by the condition of a garden vacant site and or open land, the Control Department shall serve on the developer, A 194 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 Power to Revoke a Right of - Occupancy. occupier or Qwner of such land a notice requiring steps to be taken for abating the injury as may be specified in the notice · within a stipulated period of time. 60. (1) Where it appears to the Agency that it is necessary to acquire any land in connection with the planned urban or rural development in accordance with the policies and proposals of any approved plan, and right of occupancy subsisting on that land shall be revoked by the Ministry of Lands SuNeys and Country Planning on the recommendation of the Agency. (2) A right of occupancy may be revoked only in accordance with the provisions of the Land Use Act. Compen59tion. 61. (1) All matters connected with the payment of compensation for the revocation of right of occupancy under this Law shall be governed by the provisions of the Land Use ; ' Act. , Delegation of Power of Urban Policies. (2) Any compensation payable as a result of the revocation of the right of occupancy under this law shall be paid within a period not exceeding twelve (12) months from the date of revocation. 62. Where it is impracticable to comply with the provision of se-ction 60 (2) the reasons for non compliance shall be communicated to the affected party. / / 63. (1) The Agency may delegate the power to implement all Urban Renewal Policies and prng rarnmes to competent professionals. (2) Where Development Plan has been prepared by the appropriate planning Authority and approved under section 20 ( 1) of this Law, the Agency may exercise the powers hereafter set out for the pu.rpose of assisti ng in the implementation of the Development Plan. L . ~ • •f, J, .; ;:!'.: ~~ ! , , ·- · . llj :, l.1i . " -~ ~ \ j l,"1 V:' j Kaduna State Urban Planning and Deveiopment Agency Law, 2015 Law No. i2 of2015 A 195 64. (1) A development plan to which section 19 (c) of Delegation of this Law applies may designate any part of the area for which ~~i:~ of · such plan has been made to be an improvementArea for the Policies. purpose--et-r-ehabilitating, renovating and up-grading the .physical environment, social facilities and infrastructures of the area. (2) The rehabi litation, renovation and up-grading may be proposed by the residents of the area concerned, the Agency and other body or bodies in complimentary effort towards the rehabilitation, renovation or up-grading of the area. · (3) The Agency shall , before declaring an area to be an improvement Area, satisfy itself that the purpose set out in section (2) is reasonably likely to be achieved. 65. (1) The Agency shall before declaring any part of consultation · . · and an area to be improvement area. Cooperation of Important (a) Use its best endeavour to inform the Area. residents of the area of the proposed designation of the area as an improvement Area and particularly: (i) The purpose and contents of the proposed improvements; '(ii) The power vested in the Agency; and (iii) The facilities which would be prmrided and the benefits to be derived in the area (b) Hold m~etings with the Local Government of the area and other body or bodies in the a'rea to: (i) Ascertain the views of the residents on the proposed .L., ·- ·· ···--· - - --- · ·---- - - - --- - ----- A 196 Law No.12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 .,1' improvement Area and the exercise of powers relating thereto; (ii) Set up liaison or consultative committees between the Agency and representatives of the residents to monitor the · progress of the rehabilitation, renovation or up-grading in the area. (c) Inform other relevant statutory authorities of the proposed improvement Area and invite their views and comments thereon; and (d} Take into account the views and comments made and inform other interested parties of the proposed improvement Area. (2) The Agency shall after declaring an area to be an . lmprovementArea: (a) (b) Hold regular meetings with the committee · established under sub section 1 (b) (ii) of this section ; . Assist or join the other persons ,and authorities in assisting a resident or group/ of residents within the area drawn up and implement plans for improvement of the neighbourhood; and ( c) Generally advise and assist the residents of the area to take full advantage pf the improvement provided. A Powers of !he 66. The Agency in dealing with an improvement area gency in an I m p rov e d has powers to: Area. .. ow n • J 7 : ~~ • ;";? J·· . Kaduna State Urban Planning and Development Agency Law, 2015 Law No.12 of2015 A 197 (a) Prepare an improvement area plan showing the manner and the period of time over which the area is to be improved; and -· fb-)- --- Improve, repair or renovate or order the improvement, repair or renovate of a building or part thereof and where appropriate recover the cost of the imprcwement or repair from the ownerof the building. 67. The Agency shall before ordering the repair or Exercising renovation of the building or part thereof: Power 01 Repairs . Demolition (a) Inspect the build ing or part thereof to and ascertain its condition; and Renovation. (b) Prepare a schedule of necessary regulations which shall inform the owner or occupier of the building: (i) of the proposed order and the reason( s) thereof; and (ii) the date, time and place where the Agency shall consider a 1 ny representations or objections to the proposed order and such other matters as may be prescribed by regulation. (c) Affix a notice of the proposed order on a conspicuous part of the building to which the order relates; {d) Appoint a committee from the members of .. the Agency to hear, consider and report on the presentation or objection which may be made orally or in written by the owner or occupier or his duly authorised representative; and A 198 Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 (e) Prepare an estimate of the compensation payable to the owner or occupier of the building. Provision of 68. Where the Agency proposes to take an order for A lternative h d 1· . f b ·Id· th t. d f h h b:t t· Ao:xmmodatkln t e emo ItIon o a uI Ing a Is use or uman a I a 10n etc. or part thereof, it shall provide a person or persons likely to be displaced from their home alternative accommodation or financial assistance by way of grant of loan or guarantee either. directly or through other authorities on such terms and condition as the Authority shall deem fit. PART IV . THE URBAN AND REGIONAL PLANNING COMPLAINTS PANEL Provision of 69. There is hereby established a body known as the Alte rn ative U b d R . I Pl . p I (' h' L f d AroJmmcdation r an an egIona anning ane In t Is aw re erre to e tc. as 'The Panel" ), which shall have thejurisdiction power and authority conferred on it by this Law and any regulations·made hereunder. 70. The Panel shall consist of: (a) A Chairman who shall be a registered Town Planner with at least fifteen (15) years -post qualification experience; (b) An Architect who shall be a member of th,e .· Nigerian Institute of Arch itects and Registered by Architects Registration Council of Nigeria (ARCON); (c) A Civil Engineer registered by the Council of the Regulation of Engineering ln Nigeria ·(COREN); (d) Member of the Nigerian Institute of Building registered by the Council of Registered · Builders of Nigeria (CORSON); . . ti · ·------- (" • t \ - -I ~~ . t ,. '~ . ~-..• -::, Kaduna State Urban Planning and Dev elopment Agency Lav-, 2015 Law No. 12 0{2015 A 199 (e) A legal officer from the Ministry of Justice not below Grade Level 12; (t) A land·surveyor or cartographer who shall be a member of the Nigeria Institute of Land Surveyors and Registered with Surveyors Registration Council of Nigeria between Grade Level 12 (g) An Estate Surveyor, who shall be a member of the institute of Estate Surveyors and registered with the Council of Regulation of Estate Surveyors and Valuers; and (h) A Secretary who shall be a registered Town Planner with at least ten (10) years post graduate qualification experience. 71. The Governor shall appoint: (a) The Chairman of the Panel; (b) Other members of the panel on the recommendation of their various professional bodies; and (c) The Secretary to the panei shall be an officer in the State Civil Service not below Grade Level 12. Appointment of Member of ttie Panel. 72. (1) The Chairman and members of the panel shall Tenure of hold office for three (3) years and shall be eligible for ~e~~~n=t~in of re-appointment for such further terms as the Governor may Appointment f · · d · · of a Member rom time to time etermine. of Panel. (2) The Office of the Chairman ora member of the Panel shall become vacant if: (a) A Chairman or a member has completed his tenure of office and is not re-appointed; A 200 · Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 (b) He resigns his appointment in writing under his hand to the Governor; (c) Without good cause declines to sit for the hearing of an appeal referred to the panel on three consecutive occasions; (d) He is adjudged bankrupt by a court of 11 competent jurisdiction; (e) He is adjudged to be of unsound mind; (f) His appointment is terminated by the Governor; (g) He has b~en found guilty of professional misconduct by the appropriate professional body in Nigeria and such is brought to the notic'e of the Chairman or Secretary of the Panel; (h) Is found to have a direct or indirect proprietary or pecuniary interest in the case before the panel. Remuneration 73. The Chairman and members of the Panel shall be of Members of . . ' . . the Panel. paid such remuneration fees and allowances as the Governor Jurisdiction of the Panel. Appeal. may approve from time to time. 7 4. The Panel shall have jurisdiction to investigate 9nd adjudicate on all public complaints concerning the activities / of the Agency particularly regarding Building Plans approval , or rejection, preparation of Master Plans, District Plans and Layouts Schemes, or disputes arising from compensation paid orto be paid in respect of any other mattersTefafifig to physical developments in the State. 75. (1) An aggrieved person or an interested party may appeal against the decision of the Agency to the panel within twenty-eight (28) days of the final decision of the Panel. l L i L i - ~j . Kaduna State Urban Planning and Development Agency Law, 2015 Law No.12 of2015 A 201. (2) An appeal against the decision of the Panel shall be as of right to the High Court, which appeal shall be made within Twenty-eight (28) days of the finai decision of the Panel . (3) -T~;·c~airman of the Pane! sh.It~o~ene a sitting of the Panel within Twenty-one (21) days of.the receipt of the appeal. ' I \ / -. . * ( 4) The aggrieved party may be heard in person or · through his representative. 76. An appeal to the Panel shall be in the prescribed Mode of form and ·payment of a fee as may be prescribed in the Appeal. regulations made pursuant to this Law. 77. The Panel shall be constituted for the purpose of exercising the power and authority conferred on it by this Law if it consists of the Chairman and three members. PART IV FUNDS OF THE AGENCY 78. ( 1) For the purpose · of this law, there shall be Establishment established an Urban and Regional Planning Fund (in this oAr Planningd gency an Law referred to as "The Fund") in which shall be paid all Agency· s moneys accruing to the Agency and from which expenses Fu nd · incurred shall be defrayed. (2) The Fund Shall Comprise of: (a) Such moneys as may be appropriated to the Agency by the Kaduna State- Government · and respective Local Governments; (b) Such moneys as may be given to the Agency by way of g rants from the F ederal Government Corporate Organisations and other Donor Agencies from time to time; A 202 Law No.12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 Expenditure. for: . . (c) .. All sums, debentures and returns from investments or other properties vested in the Agency; (d) Such moneys raised by way of loa~ under the powers to borrow vested in the Agency; (e) Moneys which may be vested in the Agency under any enactment or law; and (f) All other sums accruing to the Agency by way of financial grants, aid , gifts, sales or publication of maps pans, journals and charges. 79. The Agency may from time to time apply the Fund (a) The pursuance of all or any of its functions under the provision of this law; · (b) The interest payable in respect of any money borrowed under the provision of this law; (c) The payment of taxes, States and Local Government development levies rates or other charges payable by it under any enactment of Law (2) The Agency may: (a) Make grants from time to time from the funds / at its disposal to any institution, society, boct'y or bodies which in the opinion of the Agency is likely to be of benefit to the peep-le-of the State; (b) Commission studies on Urban and Regional Plans to be made for the purpose of collection base-line date; and ~~ -~ f ,,.,.,. -~ ' ' f~ ~ Kaduna State Urban Planning and Development Agency Law, 2015 Law No. 12 of 2015 A 203 (c) Finance various studies, workshops and seminars or other matters related to its functions under this Law. 80. The Agency may with the approval of the governor Power to or the Chairman of the Local Government from time to time BMorrow · oney. borrow such sums of money, wither by way of mortgage or otherwise, for the purpose of carrying out its functions under this Law as may be deemed necessary. · PARTV MISCELLANEOUS 81. The quorum of the Board at any of its meeting shall Quorum be a simple majority of not less than eight persons including the Chairman, while the quorum of any Committee shall be ' . simple majority of the members. -. 82. ( 1) (a) Subject to the provision of any standing Meeting of the order the Board shall meet quarterly Board., (b) and meeting shall be convened by the Chairman. Also the Chairman may be required by notice, signed by not less than twelve other members to summon a meeting of the Board and he shall summon such meeting to be held within . fourteen (14) days from the date of the notice. Where the Chairman fai ls to summon a meeting as may be required by a notice given pursuant to sub-section ( 1). · (a) of this section the members shall hold such meeting and appoint a Chairman from amongst themselves to preside and the resolutions of such meeting shall be binding. A 204 · Law No. 12 of 2015 Kaduna State Urban Planning and Development Agency Law, 2015 ·, . (2) Where the Board desires to obtain the advice of any person ·on a particular matter the Authority may co~opt such person as.a member at its meeting but such co-opted · m~mber shall not be entitled to vote at the meeting of the Board an"d shall not count towards the quorum. validity of 83. The validity of any proceedings of the Board shall Pro ceedings. not be affected by any vacancy in its membership or any defect Power to Make Regulations. Sailings. in the appointment of a member of for the reason that a person ·. not entitled to· participate had taken part in such proceedings. · ·. . . S-4. ( 1) No suit shall be commenced against the Agency until the expiration of one month written notice of intention tci; -+-' commence the same has been served upon the Agency by . the intending plaintiff or his agent. (2) Such notice shall state the cause of such.action, the name and the place of abode of the intending plaintiff and the relief which he claims. 85 . . Where a Planning Tribunal is not available Magistrate.Courts shall have summary jurisdiction to try au violators of this Law and impose the maximum penalty provided . 86.' (a) The Commissioner may with the Governors' consent make Regulations generally for carrying into effect the purpose(s) of this Law. (b) The Regulations so made shall be consistent with/ the prevailing Urban and Regional Planning Act as amended and the National Building Code. 87. (1) All property, assets and liabilities thatwerevested in the Kaduna State Urban Planning and Development Authority edict No. 1 o of 1985 and Kaduna State Urban Planning and Environmental ProtectionAgency Edict No. 14 of 1991 shall be vested in Kaduna State Urban Planning and Development Agency. r ~:•;!~ • ' f- f,- ~-