Building Plan Approval: Extension of Moratorium Period to October 2024
We wish to inform you that the Lagos State Commissioner for Physical Planning and Urban Development, Dr. Oluyinka Olumide (the “Commissioner”) announced on the 17th of July, 2024 that the Lagos State Government has extended the 90 days moratorium period on the payment of statutory penal fees by property owners and developers of completed structures/developments within the State, by another three months period ending on the 31st of October, 2024.
Recall that the Lagos State Government had earlier announced a 90 day moratorium period commencing from 2nd May 2024 to 30th July 2024 (the “Amnesty Period”), during which all penal fees for obtaining a building plan permit after completing a building or structure will be waived. The Government also announced an additional relief of 5% discount on payments completed within 10 working days of issuance, during the Amnesty Period. Apparently due to the torrent of applications by erring developers and land owners to regularise their position under the Amnesty Period, the Lagos State Government has graciously announced an extension of the Amnesty Period by another 90 days to end on the 31st of October, 2024.
All landowners or developers with structures or buildings they completed without obtaining building plan permits are enjoined to take advantage of the Amnesty Programme extension or risk paying heavy penalties to regularise their position after the Amnesty Period or the outright demolition of the said buildings with the attendant costs and penalties being passed to the property owner.
Every application will be treated on its merits in compliance with Operative Development Plans of the State as stipulated in the Lagos State Urban and Regional Planning and Development Law, 2019 (as amended), and the Lagos State Physical Planning Permit Regulations 2019 (as amended).
To take advantage of the extension of the Amnesty Period, an application accompanied by the following documents are to be submitted through the District Offices of the Lagos State Physical Planning Permit Authority (“LASPPPA”) in the 57 Local Government Areas and Local Council Development Areas of Lagos State, and the Electronic Planning Permit office at the LASPPPA Headquarters, Oba Akinjobi Way, G.R.A Ikeja:
Title document/ proof of ownership;
Survey plan;
As-built Architectural Drawings;
Structural, Electrical, and Mechanical drawings (where applicable);
Non-Destructive Integrity Test Report (where applicable);
Letter of structural stability and indemnity (where applicable);
Land Use Planning Analysis Report; and
Other supporting documents where applicable.
Please note that the Amnesty Programme contains a precondition that an applicant must be tax-compliant to enjoy the benefits of the program.
Please note that there is a precondition that an applicant must be tax-compliant to enjoy the benefits of the program.
Do not hesitate to reach us if you require guidance on applying to regularise the position of your building plan permit under the Amnesty Programme, especially as the Amnesty Period starts in just a days away.
SURVIVE AND THRIVE
The Law Crest LLP in line with its mission of delivering top-notch legal services to its clients was a platinum sponsor of the recently concluded Annual Business Law Conference of the Nigerian Bar Association Section on Business Law (NBA SBL).
This section shall highlight our contribution and participation in the recently concluded conference.
Our partner, Oseinoma Okpeku in his capacity as the Chairman of the Conference Planning Committee of the 18th Annual Business Law Conference of the Nigerian Bar Association Section on Business Law (NBA SBL) themed Survive and THRIVE delivered his welcome speech to attendees of the Conference.
Our partner, Olatunji Muritala led a captivating session on Cybersecurity & Data Privacy in the age of AI: Legal Considerations at the Conference.
With the Nigerian legal landscape constantly adapting to technological advancements, this session delved into critical topics such as data protection regulations, liability in AI-driven decision-making, and the ethical considerations surrounding AI use. Attendees gained valuable insights into navigating the complexities of data privacy and cybersecurity in the age of AI, ensuring they are well-equipped to “Survive and THRIVE” in this dynamic environment.
NBA-ICLE Empowers Lawyers with Energy Sector Training in Bayelsa State
The Nigerian Bar Association-Institute of Continuing Legal Education (NBA-ICLE), under the leadership of our esteemed partner, Tobenna Erojikwe, recently spearheaded an in-person Energy Sector Training program. Held at the prestigious Nigerian Content Development and Monitoring Board (NCDMB) auditorium in Yenagoa, Bayelsa State, on July 1st and 2nd, 2024, this two-day training was funded by the NCDMB.
With over 500 delegates representing 35 NBA branches attending in person and additional participants joining virtually, the training drew a significant audience eager to enhance their expertise in energy law. The program featured renowned energy law experts who shared invaluable knowledge and practical insights, equipping lawyers aspiring to practice in the energy sector with the necessary tools and understanding.
This commendable initiative, championed by our partner, Tobenna Erojikwe, is a testament to the NBA-ICLE’s unwavering commitment to fostering a resilient and knowledgeable legal community. By facilitating the professional development of lawyers, the NBA-ICLE is paving the way for a stronger and more adaptable Nigerian Bar.
NBA-ICLE Mining Law Training to Empower Northern Lawyers
In June, our partner, Olatunji Muritala, played a pivotal role in the NBA-ICLE’s Training on Mining Law and Practice for Lawyers in Northwest Nigeria. Olatunji expertly led a session on “Clauses contained in a Mining Contract, “delving into the intricacies of special and boilerplate clauses during a dynamic Q&A session.
This impactful training, along with other initiatives spearheaded by NBA-ICLE Chairman Tobenna Erojikwe, demonstrates a strong commitment to empowering lawyers in northern Nigeria to actively participate in the burgeoning mining sector. By equipping legal professionals with specialized knowledge and expertise, the NBA-ICLE is fostering a new generation of lawyers ready to navigate the complexities of mining law and contribute to the region’s economic growth.
CORPORATE GOVERNANCE CORNER
The CG Corner is a dedicated segment of our newsletter where we delve into insights and engage in discussions related to corporate governance.
Small Company
Given the exemptions granted to small companies under the Companies and Allied Matters Act 2020, such as the waiver of annual general meetings, directors and members of a Company must understand the perquisites for classification as a small company.
What is a small company?
A Small Company:
– Is a private company;
– turnover is not more than N120,000,000 or an amount determined by CAC;
– has not more than 50 employees;
– the net assets value of the Company is not more thanN60,000,000 or such amount as may be fixed by the CAC;
– None of its members is an alien – 1
– None of its members is a government, government corporation or agency or its nominees; and
– In the case of a company having a share capital, the directors between themselves hold a minimum of 51% of its equity share capital.
EXEMPTIONS UNDER CAMA
– Annual General Meeting: Small companies are not required to hold an AGM.
– Audit Requirements: Small companies are exempted from mandatory audit of their financial statements and appointment of auditors – 2
– Filing of Annual Returns: Small Companies are allowed to file modified annual returns.
– Minimum number of Directors: Only small companies are allowed to have less than 2 directors.
Company Secretary: Small companies are not required to have a company secretary.
1 An alien is a person or association, whether corporate or unincorporated other than a Nigerian citizen or association a company business name or association incorporated or registered in Nigeria
2 Note that this shall not apply in respect of insurance companies, banks and any other company as prescribed by CAC
Mandatory Data Controller and Processor Registration in Nigeria
This is to inform you of a crucial update from the Nigeria Data Protection Commission (“NDPC”) regarding the registration of data controllers and processors in Nigeria. This registration is mandatory for certain entities under the Nigeria Data Protection Act 2023(“NDPA”).
Who Needs to Register?
The NDPC has categorized data controllers and processors into three levels:
Major Data Processing-Ultra High Level (MDP-UHL): Includes commercial banks, telecommunication companies, insurance companies, multinational companies, and others processing the personal data of over 5,000 data subjects in six months.
Major Data Processing-Extra High Level (MDP-EHL): Includes government agencies, microfinance banks, higher institutions, and others processing the personal data of over 1,000 data subjects in six months.
Major Data Processing-Ordinary High Level (MDP-OHL): Includes SMEs, primary and secondary schools, primary health centers, and others processing the personal data of over 200 data subjects in six months.
Registration Deadline and Fees
The registration deadline has been extended to September 30, 2024. The registration fees vary depending on the category:
MDP-UHL: N250,000
MDP-EHL: N100,000
MDP-OHL: N10,000
Penalties for Non-Compliance
Failure to register by the deadline may result in penalties as stipulated in the NDPA.
How We Can Help
The Law Crest LLP is well-versed in the intricacies of data protection law and is licensed as a Data Protection Compliance Organisation and can assist you with the registration process, ensuring your compliance with the NDPC’s requirements.
Next Steps
We urge you to assess your data processing activities and determine whether you fall under any of the categories requiring registration. Please contact us promptly so we can discuss your specific situation and initiate the registration process if necessary.
We remain committed to helping you navigate the evolving legal landscape in Nigeria.
Contact Us
LAGOS
NIPOST Towers, First Floor, Plot 98, Adeola Odeku Street, Victoria Island, Lagos State
Email: info@thelawcrest.com
PHONE: +2348096595974;
+234 9087430535;
ABUJA
Suite 16 Extension, Jinifa Plaza, Central Business District, FCT, Abuja.
Email: info@thelawcrest.com
PHONE: +2348096595974;
+234 9087430535;
