Legal Imperatives to Affordable Housing Delivery in Nigeria

LEGAL IMPERATIVES TO AFFORDABLE HOUSING DELIVERY IN NIGERIA.

Introduction.

Shelter or housing is one of the most basic of human needs; it ranked second only to food in the hierarchy of human needs. It is fundamental to human survival and an essential component in the advancement of the quality of life of the citizenry. Housing provides shelter for man in order for him to actualize his real potentials in life and contributes to the growth of the world economy. The provision of housing is therefore sine qua non to the growth of man and development of the nation.

Effective housing delivery involves many actors and segments of the state apparatus, including the building materials sector, financial sector, real estate sector, energy and infrastructural development sectors and the environmental planning sector amongst others; it therefore requires effective partnership, collaboration and information sharing among different sectors of the economy. To fulfill the need for affordable housing in Nigeria, a multi-faceted approach that transcends the legal, social, economics, religious and cultural interfaces and traits must be put in place at any given time. The task of this paper is to examine the legal initiatives required to facilitate the delivery of affordable housing units to the generality of Nigerians irrespective of class, race or gender. This is with a view at pointing out the inhibitors to smooth housing delivery and proffering practical and workable solution to the identified problems.

To achieve this end the paper examines the concept of housing within the legal and statutory framework; it forays into the provisions of the Land Use Act, Planning Laws, Title Registration Laws, Property Tax Legislations and Infrastructural Laws amongst others; and submits that there is need for review of most of these legislations before any meaningful progress can be made in the provision of affordable housing to Nigerians.

Concept of Housing.

Quoting from the provisions of the new national housing policy document;

'Housing is defined as the process of providing safe, comfortable, attractive, functional affordable and identifiable shelter in a proper setting within a neighbourhood, supported by continuous maintenance of the built environment for the daily living activities of individuals/families within the community while reflecting their socio-economic, cultural aspirations and preferences.'

From this definition, housing is not only a shelter, but includes safety of the neighborhood; comfortable and functional dwelling, supported by continuous maintenance of the environment and planning; all reflecting the socio-economic, cultural aspirations and preferences of members of the society. Thus, the legal initiatives for the delivery of housing as conceptualized above requires not only the legal parameters concerning land, but extends to town planning laws, Tenancy and Rent control law, property tax law, energy law, water law, environmental law, compulsory acquisition and compensation laws amongst others. Each of these laws is now treated seriatim as hereunder.

Land law.

Land is to housing as what a woman is to a pregnancy. The conception, gestation and delivery of housing can only come to fruition with the availability of secured land and proper land management. Land midwifes housing delivery in myriad of ways; Land is the superstructure on which the dreams and aspirations of provision of housing is founded. Land supports the production and delivery of housing through the provision of the much needed finance for its construction. As one of the main factors of production, land provides capital formation and collateral for bank advances towards the construction of the much needed- houses. It is thus obvious that the dream of a vibrant, efficient and effective mortgage system (financial reforms) will remain a mirage in the absence of a viable and reliable land management system. The land management policy of a State also impacts directly on the output and supply of some of the basic raw materials in the construction industry including housing. Such materials as sand, gravel, granite, laterite and even cement are subject to the extant land use management policy of the state. Thus, the Land use policy and management of the State has a direct impact and consequences not only on the quantum and quality of the State housing stock, but also fundamentally on the economic wellbeing of the citizen and the state, particularly in developing countries where there is heavy reliance on land and its resources for sustenance. The question of who owns the land, what tenure operates over the land, security of tenure, compensation for compulsory acquisition of property rights are fundamental questions of enquiry in this exercise.

Given the foregoing scenario, an examination of the current law regulating the use and management of land cannot but be a prerequisite to the successive delivery of housing units. The current law on the subject is principally the Land Use Act; others are Registration Laws, Registration of Title Laws etc.

To ensure an efficient and effective housing delivery, there is a fundamental need for a secured land title and security of tenure; for where there is no security of title and tenure the development of mortgage system and formal land market will be adversely affected, to the detriment of the growth of the housing sector. The land Use Act, as presently constituted does not seem to provide the necessary secured tenure to fast track the delivery of the expected houses. The Land Use Act, founded on hybrid recommendation, undulates between land nationalization and the protection of private property rights. Its wavering posture has given rise to multiple interpretations as to its policy thrust and directives. Questions arise as to what is the quantum of interest obtainable under the Act, are there equal property rights in every citizen under the Act, what is the proprietary value of the Certificate of Occupancy issued under the Act, how secured is private property rights under the Act in view of the Governor's power of revocation and paltry compensation payable thereon? How much protection does the Act offer potential mortgagees in the creation, perfection and realization of the mortgage transactions? How far the Land Use Act has addressed the problems of land speculation, land grabbing and incessant land dispute and urban slum? Apart from these, the over concentration of power of land management in an individual rather than institution; the dichotomy in land rights and land administration under the Act and the ouster of courts' jurisdiction in the determination of dispute and compensation