EFFECT OF LAND USE ACT ON SUSTAINABLE HOUSING DEVELOPMENT IN NIGERIA
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EFFECT OF LAND USE ACT ON SUSTAINABLE HOUSING DEVELOPMENT IN NIGERIA
CHAPITRE ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
property use restrictions and limitations are used to limit private landholders’ rights to use property. The restrictions are used to safeguard the public interest in the use of private property.
The restrictions are motivated by the need to provide public facilities, promote land-use efficiency, limit urban development and unnecessary encroachment on agricultural land,
and achieve economies of scale and lowest-cost production of public services (Courtney, 1983). The regulations are also utilised to ensure that land is available to all groups and that the advantages of development benefit the community as a whole.
Today, if you acquire land in Nigeria and do not have the government’s Certificate of Occupancy (C of O), it is not yours; all you have is a lease, which means you never have a freehold.
You cannot even apply for a loan or do anything tangible if you do not have your own fund, not even the National Housing Fund, which was established by the government to provide such aid.
However, obtaining the Certificate of Occupancy is even more difficult than obtaining the land itself. All efforts made by some state governments, particularly the Lagos State administration, to simplify the system and collection have been dismissed as gimmicks.
We have heard a number of cases in which Governors used their powers to revoke legally acquired rights of occupancy in the good of the public, notwithstanding the fact that they were clearly done for political motives, particularly against oppositions.
On September 26, 2001, in Abuja, Nigerians were reassured that “no government owns land” and that “land belongs to the people” by the former President of the Federation, who was the architect of the Act when it was promulgated during his first military regime. This statement was made while he was denouncing the Governors’ excesses.
As previously said, as laws are formed by men for men and are administered, implemented, and enforced by humans through various legal institutions, our concern is how the Act has affected sustainable housing development programmes in Nigeria.
Several disputes sparked by the Act have been thoroughly chronicled in various reactions and
write-ups (Mabogunje (2007; 2011) and Aluko (2007; 2009; 2010) dealt extensively with the bleak state of affairs concerning Nigeria’s housing condition in general and how it could be perpetuated. In this research project, we attempt to investigate the impact of the Land Use Act on the provision of sustainable housing in Nigeria.
Despite the fact that one of the key sections of the Act is to regulate future uses and provide fresh land for the requirements of Nigeria’s rising population, particularly in urban areas, there is still public demand for affordable housing availability.
In Lagos State, for example, municipalities (local governments) have no role in the issuance of Certificates of Occupancy because all lands in the state have been classified urban and are under the governor’s control.
Whereas the Land Use Act 1978 No. 6 went into effect on March 29, 1978, it was declared that “it is in the public interest that the rights of all Nigerians to the land of Nigeria be asserted and preserved by law.”
And that all lands comprising each State’s territory in the Federation are hereby vested in the Governor of the Stat. The Act also states that “all land in urban areas shall be controlled and managed by the Governor of each State.”
1.2 STATEMENT OF THE PROBLEM
The researcher’s objective in this study is not so much another criticism of the Act as it is an in-depth review of how it has achieved its goal of mass housing provision for the people. However, with the present wave of high land purchase costs, the hope of the Nigerian masses lies in the Act. It should be mentioned that one of the compelling reasons for the Act’s creation was the nature of land trusteeship in the past.
It was difficult for anyone to obtain land. It is critical for the researcher to investigate if the Act has made it easier for Nigerians to obtain land for house development. The buying of a plot of land is the first step towards home ownership. That is, the prospective homeowner must first have access to land.
Access to land is difficult in metropolitan settings, which is why one of the Land Use Act’s aims is to ensure that land is made available to all people who need it as soon as possible in the sake of the economy. Given that housing is one of the best indicators of a person’s standard of living and place in society,
as well as a place where man seeks shelter, comfort, security, and dignity, it is critical to investigate the impact of the Land Use Act on sustainable housing development in Nigeria.
1.3 OBJECTIVES OF THE STUDY
The following are the study’s objectives:
1. To investigate the impact of land use legislation on sustainable housing development in Nigeria.
2. To investigate the impact of the Land Use Act on Nigerians’ ease of access to land.
3. To identify the reasons impeding the development of sustainable housing in Nigeria.
1.4 RESEARCH QUESTIONS
1. What impact do land use laws have on sustainable housing development in Nigeria?
2. What effect does the Land Use Act have on Nigerians’ ease of access to land?
3. What are the obstacles impeding Nigeria’s sustainable housing development?
1.5 HYPOTHESIS
HO: The Land Use Act has no substantial impact on Nigeria’s sustainable housing development.
The Land Use Act has a considerable impact on Nigeria’s sustainable housing development.
1.6 SIGNIFICANCE OF THE STUDY
The following are the study’s implications:
1. The study’s findings will educate the general public, government, and students on the state of housing development in Nigeria, as well as the Land Use Act and its impact on sustainable housing development in Nigeria.
2. This research will also serve as a resource for other academics and researchers interested in conducting additional research in this sector, and if utilised, it will go so far as to provide new explanations for the topic.
1.7 SCOPE AND LIMITATIONS OF THE STUDY
This study on the influence of the Land Use Act on Sustainable Housing Development in Nigeria will examine all existing government housing development and schemes, as well as how the Land Use Act has affected land ownership for housing development.
STUDY LIMITATIONS
Financial constraint- A lack of funds tends to restrict the researcher’s efficiency in locating relevant materials, literature, or information, as well as in the data collection procedure (internet, questionnaire, and interview).
Time constraint- The researcher will conduct this investigation alongside other academic activities. As a result, the amount of time spent on research will be reduced.
1.8 DEFINITION OF TERMS
Housing is the aggregate term for houses and apartments.
The section of the earth’s surface that is not covered by water is referred to as land.
Development: an event that marks the beginning of a new stage in a changing situation.
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