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CHAPTER ONE
INTRODUCTION
ASSESSMENT OF RESIDENCE’S COMPLIANCE TO DEVELOPMENT CONTROL REGULATION: CASE STUDY SURULERE
1.1 BACKGROUND TO THE STUDY
Development control thus means a physical planning instrument, which generally involves the regulations, retraining and keeping in order or checking materials change on land (Ogundele, Ayo, Odewunmi, and Aigbe, 2011). Its application tends to have a negative approach on development, while at the same time it is a creative and permissive tool for development planning. In essence, it is a strategy employed by a physical planning agency for ensuring proper implementation of urban and rural development plans as well as regulating the flow of additions of infrastructural facilities (Babatunde and Emmanuel, 2014). Moreover, it is a regulatory power exercised by planning agencies to either approve or reject a development application. It is a system by which the use of land and buildings on the land are regulated so that misuse or abuse of use and nonconforming uses are prevented or checked (Aluko, 2000).

The Nigeria town and country planning law of 1992 defines development control as the process of ensuring that developments are carried out as approved by local planning authorities (Alabi, 2010).The term accords with the concept of quality control. Development, under section 109, Lagos State Urban and Regional Planning Law, 2005 (repealed) and section 102 of 2010 Law means "the carrying out of any building, mining or other operation in, on, over or under any land; the making of any material change in the use of any land building structure, or conversion of land, building structure from its established or approved use, and/or including the placing or display of advertisement and urban furniture on the land, building or structure; the making of any environmentally significant change in use of any or demolition of building including felling of trees (Aluko, 2011).

As cities become the center piece of contemporary development and as land become more scarce and inaccessible for requisite developmental purposes, the quest to ration supply and control and or regulate its use become more compelling. This is the rationale for the evolvement and or enactment of various land use control laws and regulations designed to safeguard, conserve, disburse and regulate the use of land in the interest of the overall public interest (Agbola, 1997). Such laws include: zoning regulations; building bye-laws; density control, land acquisition laws; effluent discharge laws etc.

Mabogunje, Mistra and Hardoy (1978) opine that these regulations fall into the realms of space-use density control, health sanitation laws and community facilities and services provision standards. One of the ways physical development is guided in any particular community, through indirect government policy is zoning (Oyesiku, 1997).

According to Ogundimu (2013) the Lagos State Building Control Agency (LASBCA) was created a few years ago for the enforcement of building control regulations and implementation of the 2010 physical planning, urban development and building law in the state. The functions of LASBCA include the inspection of building works and the certification of various stages of building construction and keeping of such records; removal of illegal and non-conforming developments; identification and removal of distressed buildings to prevent collapse and; the insurance of Certification and Fitness for Habitation.

Other functions are the provision of building services such as material evaluation and testing, fire and health control; establishment of District Development Control offices for the discharge of these functions; conducting research in building construction and control; cooperating with the Development Permit Authority to achieve zero tolerance of illegal developments; enforcing the provisions of the new law and any regulations that may be made under the law for inspection of building, verification and certification of building insurance among other powers.

Surulere is a residential and commercial Local Government Area located on the mainland of Lagos in Lagos State, Nigeria, with an area of 23 km². At the last census in the year 2006, there were 503,975 inhabitants, with a population density of 21,864 inhabitants per square kilometre (Wikipedia). One of the most popular places in Surulere is Ojuelegba. It is known for its crowded setting and regarded as one of the busiest places in Lagos. It is one of the key transport nodes of Lagos, connecting the city's mainlands with Lagos Island and Victoria Island (Wikipedia).

In accordance with the Lagos State Urban and Regional Planning and Development law 2010, the Ministry has 3 parastatalsviz: Lagos State Physical Planning Permit Authority (LASPPPA), Lagos State Building Control Agency (LABSCA), and Lagos State Urban Renewal Agency (LASURA). The ministry and its agencies ensure regeneration and exercise control over development with a view to entrenching a livable environment.

A number of issues have been raised over the years as to the effectiveness of development regulations. Agbola (2010) suggests that building regulations in Nigeria are to a large measure irrelevant to the needs of the urban poor in achieving the stated goal; development control regulations are to build a conducive and satisfying environment. He further opines that the existing minimum standards are not what the poor can achieve with available resources and consequently, they contravene these regulations regularly and often flagrantly. Accordingly, building standards have been looked at as the invention of the rich to stifle the housing ambition of the poor. Usually, the poor who are desirous to build find themselves unable to do so because of the plethora of regulations to conform with, beat the law by contravening it mainly through mass squatting and illegal construction and on occasion violating building regulations. Unfortunately, the massive contravention of these laws leads to slum areas which are regarded as unsafe and unhealthy for the inhabitants.

Incidences of building collapse have recently assumed an alarming proportion in the state, prompting calls by the Nigerian Society of Engineers (NSE) for greater enforcement of the laws and regulations within the building industry, following observations that some developers are erecting buildings without necessary approvals and technical expertise. Aluko (2000) note that the exposure and open confrontation reveals that those who know the planning law best and are supposed to be planning the environment are now the culprits. All of the above are the consequences of neglect, poor management, inadequate and absence of urban development policy or absence of mechanism for the enforcement (Itam and Archibong, 2003).

1.2 STATEMENT OF RESEARCH PROBLEM
The problems of development control in Lagos state as a whole arise from gradual deviation from master plan of Lagos and deregulatory authorities on development through distortion, alteration and deviation from planning standards (Aluko, 2011). The main violators include both the public and private sectors aided by the inefficiency, indiscipline officials and compromises made by government agents in charge of development control.

According to Egene (2008) cities experiencing a high demand and competition of several land uses, have problems such as blockages of sewages, construction on prime agricultural lands and wet lands, inadequate setbacks for buildings, loss in size of reserved open spaces, and haphazard development over available land. Jiboye (2005) opine that several factors of failure have been cited in literatures as the cause of failure of development control in Nigeria. These include insufficient legal frame work, lack of tools, inadequate personnel, corruption, lack of data and information for decision making, inadequate funding, etc. but, the main reason given for failure in development control is funding.

Aluko (2011) posit that in spite of the government intervention through building regulations in metropolitan centers, and advertorials in the dailies by the regulatory authority, warning the public on the increase in contravening conduct of property owners, building developers and occupants in Lagos in Lagos metropolis. The listed the common contraventions which are: encroachment on public rights of way and open spaces; buildings spring up under high-tension lines with their roofs a few meters below the lines; urban areas that the building setbacks have been taken over by front shops and a variety unsightly development; conversion of residential property to commercial premises, banks, places of worship, schools etc.; construction of buildings in violation of building approvals; general violation of urban and regional planning Laws in Lagos State; corruption by enforcement officers; construction of properties on public utility setback.

As evident from Government Gazzete (2003) and perhaps triggered off by political situation, the people reacted to the stifling building regulations by causing political unrest such that the government jettisoned the building regulations. In 1981, the Commissioner for Local government, who was in charge of planning in 1981, instructed that any building under construction which had violated any building regulation, but which had not been detected before it got to the lintel level should not be demolished.

Many people saw this as a way to circumvent the rigors of obtaining plan approval by the authority. Most would assemble the necessary materials by or before Friday afternoon at the official close of the day, work would commence on the house and by Sunday evening, the house has reached the lintel level and was thus immune from the powers of the authority. This continued till 1983 and most of the disorderly development witnessed is traceable to this politicizing of building laws in the State (Agbola, 2010). Attempts to redress this mistake have proved difficult, time consuming and costly. In the light of the various issues related to building control regulations, this research aims to assess residence’s compliance to development control regulations.

1.3 STATEMENT OF RESEARCH QUESTION
This research work aims to answer these questions:
1. What are the development mechanism and enforcement procedure in the study area?
2. What is the residence compliance to development control regulations in the study area?
3. What are the factors influencing residence compliance to development control in the study area?

1.4 AIM OF THE STUDY
The aim of this research work is to assess residence’s compliance to development control regulations: case study surulere, Lagos.
1.5 OBJECTIVES OF THE STUDY
The objectives of this research work are as follows:
1. To identify and examine development mechanism and enforcement procedure in the study area.
2. To assess residence compliance to development control regulations in the study area.
3. To examine factors influencing residence compliance to development control in the study area.

1.6 SCOPE AND DELIMITATION OF STUDY
Assessment of development mechanism and enforcement procedure, residence compliance to development control regulations, and factors influencing residence compliance to development control are the scope of this project. Enough effort has been put to exhaust the scope aforementioned but time and cost constraint relative to the magnitude of the subject topic are the major forms of limitations to the total achievement of the project objective.

1.7 SIGNIFICANCE OF THE STUDY
The most challenging problem is the problem of development control. This is characteristically similar in the sub Saharan African countries, where the cities have been found to continue to grow in a haphazardly, uncontrolled manner(Alabi, 2010). This has made planning policies and implementation difficult and is most noticeable in the study area.
The importance of development control regulations is to build a conducive and satisfying environment and that it would be difficult, if not impossible, to carry out complex planning operations without them. In Other words, it is yet to be ascertained that compliance/no-compliance to development control measures is as effective as a tool for land management and providing a conducive environment. This research attempts to fill this need.



DEFINITION OF OPERATIONAL TERMS
Residence: the place where one lives.
Development: the act or process of growing or causing something to grow or become larger or more advanced.
Regulation: a law or administrative rule, issued by an organization, used to guide or prescribe the conduct of members of that organization.
Compliance: the action or fact of complying with a wish or command.
Control: means the process of exercising power over one’s area of jurisdiction to check development.
Metropolitan area: a large population center consisting of a large metropolis and its adjacent zone of influence, or of more than one closely adjoining neighboring central cities and their zone of influence.
Development control: also known as planning is seen as a mechanism to maintain standards. It is process laid down by legislation, which regulates the development of land and building.


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