Residential estates, apartment blocks, mixed-use schemes, offices and industrial buildings in Lagos and Abuja bring together land, capital, government approvals, contractors and buyers. A defect in the title, an approval that was never obtained or a weak joint venture agreement can stop a project halfway, leave buyers without title and tie the developer up in litigation for years. Our real estate development lawyers make sure each stage is properly documented before the next one begins.
Who we act for
- Developers of residential estates, apartments and commercial schemes
- Landowners and families contributing land to development joint ventures
- Investors and funds financing or co-investing in developments
- Contractors, consultants and project managers on building projects
- Companies building their own offices, factories, warehouses and data centers
- Buyers and tenants of units in new developments
Our real estate development legal services
Land and site acquisition
We verify the title through property due diligence, confirm that the land is free from government acquisition and zoned for the intended use, and complete the purchase or lease of the site, including Governor's consent. Where the intended use differs from the permitted use, we advise on change of use approval before you commit.
Joint ventures and development agreements
- Landowner joint ventures: the landowner contributes land and the developer contributes funding and expertise, sharing the completed units or the sale proceeds
- Development management agreements: the developer manages the project on the owner's land for a fee
- Special purpose vehicles: a dedicated company holds the land and the project, with a shareholders' agreement for investors
- Forward funding and forward purchase arrangements with investors and end buyers
Landowner joint ventures in Nigeria often fail because the agreement does not say what happens if the developer runs out of money, the landowner's title is challenged, approvals are refused or the market falls. We draft development agreements that allocate these risks clearly, fix timelines and the sharing formula, and give each side a workable remedy if the other defaults.
Planning and building approvals
- Lagos: planning permits from the Lagos State Physical Planning Permit Authority (LASPPPA), stage certification and the certificate of completion and fitness for habitation from the Lagos State Building Control Agency (LASBCA), and state environmental approvals
- Abuja: building plan approval and compliance with the development control rules of the FCT Department of Development Control
- Environmental impact assessment under the Environmental Impact Assessment Act, where the size or nature of the project requires one
- Fire safety certification from the state fire service
Construction contracts
We draft and negotiate construction contracts, including FIDIC-based contracts, design and build and EPC contracts, and the appointments of architects, engineers, quantity surveyors and project managers. Each contract deals clearly with price, programme, variations, defects and payment security, such as performance bonds, retention and advance payment guarantees.
Development finance
We advise developers and lenders on construction loans, mezzanine and equity funding, and the security lenders require over the land and the project; see mortgages and real estate finance.
Sales, leasing and estate management
- Off-plan contracts of sale and payment plans
- Deeds of sublease, assignment and lease for completed units
- Estate management structures, service charges, facility management agreements and residents' associations
- Registration with the Lagos State Real Estate Regulatory Authority (LASRERA) and anti-money laundering compliance with SCUML
Disputes
When projects go wrong, we act in construction disputes over delay, defects and payment, and in land disputes and joint venture disputes, through negotiation, adjudication, arbitration or the courts.
Real estate development in Lagos
Lagos has Nigeria's most active development market and its most detailed building regulation. Under the Lagos State Urban and Regional Planning and Development Law, no building work may begin without a planning permit, and LASBCA certifies each stage of construction. Buildings put up without approval, or that depart from the approved plans, can be sealed or demolished, and enforcement has become stricter after a series of building collapses. Developers, agents and other real estate practitioners must also register with LASRERA before marketing property in Lagos.
Real estate development in Abuja
In the FCT, land is allocated for the use set out in the Abuja Master Plan, and the terms of the grant usually require development to begin within a fixed period. The FCT Administration has revoked undeveloped plots, so developers should confirm the development deadline and permitted use before buying or entering a joint venture. Building plans must be approved by the Department of Development Control, and changes of use or density need separate approval.
