Building regulations contravention: TBC residents threaten court action against developer.
RESIDENTS of Tafawa Balewa Crescent Surulere, Lagos, under the aegis of Tafawa Balewa Crescent and Adjacent Streets Residents’ Association (TBC+RA), have threatened to go the court unless there is immediate suspension of work at the ongoing building redevelopment site at 50, Tafawa Belewa Crescent.
Insisting that court action is the only option left for them after all entreaties to resolve issues of non-compliance with building regulations by the developer of the project without head way, the residents said they will commence court action against the developer to seek orders directing the relevant ministries and agencies of Lagos State government to fully enforce the relevant provisions of the law against the developer with all other reliefs to which the residents are entitled.
Specifically, the complaints of the residents according to a letter to the General Manager, Lagos State Building Control Agency signed by TBC+RA president, Kola Ademola-Osinuga, an engineer and Secretary General, Akin Bajomo, which was made available to Vanguard Homes and Property include, “That the site doesn’t have a site board as required by law, indicating the mandatory information required e.g. client, type of structure, building professionals etc. involved in the development, that, the set-back from the road doesn’t appear to be more than two meters and that it seems that adequate provision has not been made for parking of cars, which in our view will create a nuisance and bring much distress to residents of the estate and other road users; that it appears that no soil investigation was done and that they have blocked the adjoining drains with rubbles, debris etc. thereby resulting to flooding of some houses on the opposite side of the development in question when it rains”.
The letter further noted that “So far, two cordial meetings have been held with the presumed owner of the project, Mr. Segun Ashogbon, but sadly he has not fulfilled all that he promised with respect to our demands listed above as at the date of writing this letter to you. We demand for your urgent investigation of our claims and appeal that you ensure compliance with all Lagos state government’s building codes, regulations, standards; and that their site activities do not create a nuisance or breakdown of law and order in the community by damaging the roads, disrupting neighbours’ well-being and disturbing road users”.
Disturbing road users
In another letter by K. O. Tinubu & Co, a law firm to Lagos State Commissioner for Physical Planning and Urban Development on behalf of the residents, it stated “We act for the residents of Tafawa Balewa Crescent, l.obove Laleye Close and Mba Street, all within the some neighbourhood in Surulere. Lagos. Our instructions are that upon acquiring interest in the property at 50, Tafawa Balewa Crescent, Surulere, one Mr. Kingsley Ogoro (whose known address is 66, Tafawa Balewa Crescent, Surulere, Lagos, commissioned Messrs Ashglow Properties and Investments Limited to redevelop the property, however, in a manner that contravenes provisions of the Urban and Regional Planning and Development Law of Logos State, Cap. U2, Laws of Logos State, 2015.
“Our instructions also, are that two buildings of two floors and two flats each are being constructed at the property while instances of contravention of building regulations in the construction works at the property include non-compliance with regulatory setback of six metres for residential building, non-compliance with air space requirements of three metres on both sides of buildings and six metres between buildings of two floors as well as three metres rear airspace and non-compliance with car parking space requirements of two car parking spaces for each family unit.
“Our instructions are that despite having held meetings with our clients as advised by the Commissioner for Physical Planning and Urban Development with a view to amicably resolving the issue of the non-compliant redevelopment, you have disregarded all the terms agreedwith our clients while threatening that resistance to the contravening redevelopment shall culminate in loss of lives of the persons in resistance.
“In consonance with pre-action protocol under the High Court of Lagos State (Civil Procedure) Rules 2012, you are to please note that unless you immediately suspend all non-compliant development works at the property, we shall commence legal action against you and Mr. Kingsley Ogoro seeking orders directing the relevant Ministries and Agencies of the Lagos State Government to fully enforce the relevant provisions of the Law against you together with all other reliefs to which our clients are entitled”.
In his reaction, Kingsley Ogoro who is the developer of the property comprising two storey buildings consisting of two floors and two flats each, said “We are law abiding citizens of the state. We will comply with the building regulations of the state. As regards the issue of the setback, the builder will adjust the construction work to create the normal setback as required by the law. We are in agreement with the state’s relevant authorities to comply with the building regulations of the state government”.
Also reacting, Segun Ashogbon of Ashglow Properties and Investment Limited, the firm handling the construction of the project, noted thus, “I am also a resident in that community. I have about four property there, which means I will not do anything that will go against the interest of the residents. Their complaint is that there is no setback. We have realised that, and we are trying to correct it.
“LASBCA is fully involved. Their structural engineer is monitoring the project to ensure that things are in order. As the situation of the property is today, each apartment can conveniently accommodate two cars. What we want to do now, is to demolish part of the building to create more space for parking. Nobody in the premises will park on the road”.
By Kingsley Adegboye.
