UNDERSTANDING RIGHT OF WAY/ SETBACK IN NIGERIA

Definition of setback:

 A setback is a minimum distance to be observed between the building line and property boundary, water bodies, right of way of infrastructure facilities, and utilities.

Right of Way and Setback knowledge are important because they help you prevent building illegal structures (structures that do not conform with urban planning rules).

You must ensure that you leave the proper setback for your property.

We advise you to ask your surveyor to leave the correct setback when measuring and marking out your land.

It may lead to your land not being the size you paid for but you will rest assured that your property is out of the government's right of way and safe from future demolition.

Did you know that fences, landscaping, septic tanks, and various potential hazards or nuisances might be regulated and prohibited by setback lines?

Depending on the jurisdiction, Setbacks along state, provincial, or federal highways may also be set by the laws of the state or province, or the federal government.

Local governments create setbacks through ordinances, zoning restrictions, and Building Codes, usually for reasons of public policy such as safety, privacy, and environmental protection.

Real estate developers may also create setback lines (usually defined in Covenants & Restrictions, and outlined in official neighbourhood maps) to ensure a uniform appearance in the neighbourhood and prevent houses from crowding adjacent structures or streets.

In some cases, building ahead of a setback line may be permitted through special approval.

In the measurement of setbacks in Nigeria, Light angles are used as a measurement of distance. Setbacks are usually measured from the boundary line to the outermost parts of the building unless otherwise specified.

STANDARD RULES FOR SETBACKS OR RIGHT OF WAY IN NIGERIA

A. Required setbacks for the different rights of way

i. Federal Highway (primary) – 90 metres right of way. 45 metres from the centre to the property line. (75ft, 60ft)

ii. State Highway (secondary) – 60 metres right of way. 30 m from the centre to the property line. (50ft,45ft)

iii. Local Road (State) – 24metres, 18m,15m,12m (12m, 9m, 7.5m, 6m right of ways respectively from the centre to the property line as applicable) (31ft, 25ft)

iv. Access Road / Street 9 metres, 6metres from the edges.

v. Building line of property and the outer edge of NNPC oil pipeline – 15 metres

B. Required Setbacks from Different Water Bodies

i. Ocean / sea – 150metres

ii. Lagoon – 50metres

iii. River – 15metres

iv. Seasonal – 15metres

v. Gorges (New and Built-up areas) – 10metres

C. Required Setbacks from Rail Line

i. Railway line – Minimum of 21 metres setback between property and railway line.

ii. Unmanned railway crossing – Minimum of 60 metres setback between the property and unmanned railway crossing.

D. Required Setbacks from Different Power Lines

i. 11KVA powerline = 6 metres

ii. 33KVA powerline = 9 metres

iii. Substation = 12 metres

iv. 132KVA Powerline – 15metres

v. 330KVA Powerline – 25metres

E. Technical Requirements for Setbacks

Setback for Residential building

I Standard – 6 metres

ii. Substandard – 9 metres

iii. Others – As specified by approval order for such scheme or area.

Airspaces for Residential

Standard – 3m on both sides.

Substandard – 1.5m one side

Others – 3m between main building & B/Q and 4.5m in special areas 6m between buildings of two (2) floors and above.

Rear Airspace

Standard – 3m

Substandard – 1.5m

Others – 4.5m if height is up to 4 floors

Minimum Setbacks from the Property Boundary

i. General Building Setbacks

Front (ft): 10′

Rear (ft): 10′

Sides (ft): 4′

ii. Approved Subdivision Setbacks

Front (ft): 10′

Rear (ft): 15′

Sides (ft): 10′

SETBACK STANDARDS FOR CONGESTED AREAS

The minimum distance to be maintained between a proposed building/extension and the front boundary of the lot to which such building relates shall be determined by the existing building line of permanent structures along such street/road.

The distance between a proposed building or extension and the side boundary of a lot to which it relates shall not be less than 2’-8” for lots with a frontage of 40 feet or less; and 3’-0” for lots with a frontage of more than 40 feet.

The distance between a proposed building/extension and the back boundary of the lot to which it relates shall not be less than:

i. 5’6” in the case of single and two-floor single and two-family residential or residential/commercial buildings;

ii 7’-6” in the case of multi-family one and two-storey residential or residential/commercial buildings, and three or more storey residential or residential/commercial buildings;

iii 4’-0” in the case of one and two-storey ‘commercial buildings”;

iv 6’-0” in the case of three or more storey ‘commercial buildings’;

The Committee may, after considering the opinion/comments of the adjoining property owner(s) permit a building/extension to be erected less than 2’-8” from only one of the side boundaries of the lot to which it relates.

At least one side boundary setback space which shall not be less than 2’-8” wide at any point shall be left free of obstruction throughout.

Only a step or part of the roof structure shall be permitted on or over the space around a building. In the case of side boundary spaces, such steps shall be permitted on one side only; one such roof overhang (eave) shall not exceed 15” and 36” on the sides and back boundary spaces respectively;

All setbacks shall be measured along straight lines which are perpendicular to the exterior wall of the proposed building/extension; Recommendations are based on the fact that in the majority of cases the size of the lots in the said built-up areas are much smaller than those obtained in the approved subdivisions. Consequently, the current setbacks for sub-division planning cannot be enforced/adopted in those areas.

References: The Guadian, Gazettes.Africa, Kobo City

PS: Always check the land documents for setbacks before you make a purchase! Alternatively, buy land in estates and ride on the back of experienced professionals.

PPS

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