Legal Imperatives to Affordable Housing Delivery in NigeriaEssay Preview: Legal Imperatives to Affordable Housing Delivery in NigeriaReport this essayLEGAL 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.
The first chapter in this report explores the ways we can provide housing for the poor, and what these means are as a part of this journey. We take the first step by examining how we make use of the available resources of the global poor and how we can promote better treatment for the vulnerable. A key goal of the report is to improve the use of the current public housing and public service programs and services. It is important that our efforts are coordinated in an effective manner to eliminate our dependency. For example, the most expensive type of publicly-run housing could potentially have the benefits that have been identified as being linked with improving access to affordable housing.3 Although some government programs could provide sufficient housing benefits to those in the middle class, only in developed countries such as Uganda or Malawi do most households have access to government or other quality public housing.5 Unfortunately, the poor have long been subjected to a disproportionate number of government sponsored, expensive housing. This is particularly true in low income nations, where, as in the most developing countries, private housing is scarce. In some poor and rural communities, for example in Sudan and Tanzania, government housing, even if given by a private housing company, is not available at all.6 Finally, many developing countries lack the access to affordable housing that is most needed for the many poor citizens of poor African countries such as Sudan, Burkina Faso, Ethiopia, and Uganda. We need to ensure that all governments meet the needs for housing, especially for poor citizens who do not have reliable public housing in the city. Our primary focus in the report is to highlight the barriers to access for poor African citizens. Our report focuses on housing programs and practices to ensure that affordable housing is the only way to maintain social stability and improve the long-term sustainability of poverty.3 In Kenya, I interviewed Dr John Ladd, a University of Chicago senior professor of political science (precisely as he refers to his role in drafting the report) and a scholar with the International Community of Poor in Nairobi. Ladd states that he was “very disappointed” with his results, “because I had no data on which to base these findings on … [and] therefore I did not know what to expect from their results. In the end, my assessment of the results showed a clear bias against the report by all stakeholders, especially those who could not or could not provide data.”7 Ladd also writes:This is something that I will address later, but first, I want to point out that the report provides an inadequate baseline for assessing the real costs and benefits that housing can entail for poor citizens. I can then only say that the lack of relevant data is a big problem among the poor in this country. In that
Efforts can be made in various ways to support the right development of the country’s infrastructure. Government will allocate public funds for the construction of housing, for public housing projects to be conducted for the benefit of citizens, the establishment of educational institutions, and other activities in order to make the economy thrive in the eyes of the citizenry. In terms of public transport, more and more city authorities have come to rely upon public transport as a way to cover their cost of operating for the population of their neighborhoods, thereby contributing to making the city more accessible for citizens. One key element of providing a convenient, affordable form of transportation to the people of each community that supports the needs of its citizens are public transportation. In order for this to be viable, development of a public transportation that enables the citizens to cross a street and use a public space allows the citizens to see who is going. This is something many citizens of different socioeconomic classes have experienced to a very high degree. The experience has greatly increased their ability to understand the city better which, in turn, serves all of them better. The new city development also brings with it other forms of social support as well and the opportunities are often limited. The more housing available, the more the citizens have to benefit from the economic development of the city.
The solution of building housing in Nigeria is very complex. According to the United Nations , “the vast majority” of citizens must be able to afford to purchase a home. The United Nations has estimated about 20% of Nigerian households currently have a family income below the minimum for adequate housing. More than one-third of the U.N. households are living in poverty, and 2.5 million people suffer from chronic malnutrition such as low-functioning eyes or even kidney stones the following year. These people can’t afford to live without housing. They are required to live in cities and towns like cities such as London to stay in basic economic conditions. One cannot afford to take a car away from an empty house for an extended period of time. In a city like London having to buy a new car or even buy a new furniture in order to put food on my plate on Monday evenings is not an option. While some have even found it necessary to buy a new car because of that, others only have $10,000 a year in their bank account and can afford it. When people need that money, they resort to public transportation or take public transport to reach their local area. To be able to afford these different means of using public transportation, the citizens have to buy a lot of goods which many would not normally find in any other area. This leads to the basic problem and the necessity of more housing. According to the United Nations , “housing is an essential component of the whole democratic system and therefore
Efforts can be made in various ways to support the right development of the country’s infrastructure. Government will allocate public funds for the construction of housing, for public housing projects to be conducted for the benefit of citizens, the establishment of educational institutions, and other activities in order to make the economy thrive in the eyes of the citizenry. In terms of public transport, more and more city authorities have come to rely upon public transport as a way to cover their cost of operating for the population of their neighborhoods, thereby contributing to making the city more accessible for citizens. One key element of providing a convenient, affordable form of transportation to the people of each community that supports the needs of its citizens are public transportation. In order for this to be viable, development of a public transportation that enables the citizens to cross a street and use a public space allows the citizens to see who is going. This is something many citizens of different socioeconomic classes have experienced to a very high degree. The experience has greatly increased their ability to understand the city better which, in turn, serves all of them better. The new city development also brings with it other forms of social support as well and the opportunities are often limited. The more housing available, the more the citizens have to benefit from the economic development of the city.
The solution of building housing in Nigeria is very complex. According to the United Nations , “the vast majority” of citizens must be able to afford to purchase a home. The United Nations has estimated about 20% of Nigerian households currently have a family income below the minimum for adequate housing. More than one-third of the U.N. households are living in poverty, and 2.5 million people suffer from chronic malnutrition such as low-functioning eyes or even kidney stones the following year. These people can’t afford to live without housing. They are required to live in cities and towns like cities such as London to stay in basic economic conditions. One cannot afford to take a car away from an empty house for an extended period of time. In a city like London having to buy a new car or even buy a new furniture in order to put food on my plate on Monday evenings is not an option. While some have even found it necessary to buy a new car because of that, others only have $10,000 a year in their bank account and can afford it. When people need that money, they resort to public transportation or take public transport to reach their local area. To be able to afford these different means of using public transportation, the citizens have to buy a lot of goods which many would not normally find in any other area. This leads to the basic problem and the necessity of more housing. According to the United Nations , “housing is an essential component of the whole democratic system and therefore
Efforts can be made in various ways to support the right development of the country’s infrastructure. Government will allocate public funds for the construction of housing, for public housing projects to be conducted for the benefit of citizens, the establishment of educational institutions, and other activities in order to make the economy thrive in the eyes of the citizenry. In terms of public transport, more and more city authorities have come to rely upon public transport as a way to cover their cost of operating for the population of their neighborhoods, thereby contributing to making the city more accessible for citizens. One key element of providing a convenient, affordable form of transportation to the people of each community that supports the needs of its citizens are public transportation. In order for this to be viable, development of a public transportation that enables the citizens to cross a street and use a public space allows the citizens to see who is going. This is something many citizens of different socioeconomic classes have experienced to a very high degree. The experience has greatly increased their ability to understand the city better which, in turn, serves all of them better. The new city development also brings with it other forms of social support as well and the opportunities are often limited. The more housing available, the more the citizens have to benefit from the economic development of the city.
The solution of building housing in Nigeria is very complex. According to the United Nations , “the vast majority” of citizens must be able to afford to purchase a home. The United Nations has estimated about 20% of Nigerian households currently have a family income below the minimum for adequate housing. More than one-third of the U.N. households are living in poverty, and 2.5 million people suffer from chronic malnutrition such as low-functioning eyes or even kidney stones the following year. These people can’t afford to live without housing. They are required to live in cities and towns like cities such as London to stay in basic economic conditions. One cannot afford to take a car away from an empty house for an extended period of time. In a city like London having to buy a new car or even buy a new furniture in order to put food on my plate on Monday evenings is not an option. While some have even found it necessary to buy a new car because of that, others only have $10,000 a year in their bank account and can afford it. When people need that money, they resort to public transportation or take public transport to reach their local area. To be able to afford these different means of using public transportation, the citizens have to buy a lot of goods which many would not normally find in any other area. This leads to the basic problem and the necessity of more housing. According to the United Nations , “housing is an essential component of the whole democratic system and therefore
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 Governors 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