THE IMPACT OF LAND USE ZONING CONTROL ON REAL ESTATE DEVELOPMENT

1.0 Introduction

1.1 Background of Study

Land use zoning control is the regulation and restriction of real property by a local government. It is the most common form of land-use regulation, as municipalities rely on it to control and direct the development of property within their borders, according to present and potential uses of the property. Zoning involves the division of territory based on the character of land and structures and their fitness for particular uses. Consideration is given to conserving the value of property and encouraging the most appropriate use of land throughout a particular locality (Jrank, 2021).

The land use Decree No. 6 of 1978 otherwise popularly called Land Use Act was promulgated on 29th March, 1978, the effective date of the commencement of its operation in Nigeria. It is a statutory approach or device used by the federal government to consolidate and harmonize the diverse tenures prevalent in the country before the promulgation. It aims at ensuring the protection of the rights of all Nigerians to enable them to provide for the sustenance of themselves and their families. It abolished the age long tradition of private ownership of land in the south and introduced a uniform system of land tenure throughout the country.

Land tenure under this dispensation means that; one cannot have an interest in land beyond the terms granted to him by the statute (usually 99 years) and such interest is renewable on expiration.

Land being the most universal, most valuable, probably the most controversial assets, the one and the only foundation of all human activities, requires a planned system of holding, control and regulations so as to avoid misuse and abuse of rights thereof.

This work therefore unraveled the Impact of Land Use Zoning Control on Real Estate Development in Bwari Area Council in F.C.T. Abuja. Since its promulgation however, the land use Act has been under intense fire as virtually almost every part of it has been criticized. The Act hardly went down well with traditional Nigeria, mainly because of the factors of interest in communal land ownership comprising several dead ancestors, relatively few living members and countless unborn generations. Many of their forefathers and mothers lost their lives in the process of acquiring the lands and were buried there. Unless their bodies and bones are exhumed, it remains a taboo to leave those lands. One therefore observes the existence of several motives and circumstances attracted to land ownership. In traditional Nigeria, many of which are non−economic and therefore cannot assuaged monetarily since the owners do not sale, alienate or part with land as freely or easily as other commodities. Professionally speaking, land and its attributes, features and components embodies value in encounter.

Therefore, in Bwari Area Council, F.C.T. Abuja where the research was carried out, the activities that was conducted is to know the Impact of Land Use Zoning Control on Real Estate Development.

1.2 Statement of the Problem

The Land Use Decree (Now Act) of 1978 was promulgated purportedly to enable Nigerians have quality access to land and to be able to enjoy not only the land itself but the natural fruits thereon. The fact however that is, there is no certainty as to the extent to which the Act has affected property development in Bwari Area Council, F.C.T. Abuja.

The debut of Land Use Act destroyed security of title to land and the ease of acquisition. A landowner needs security for his use and enjoyment of the land and may also require protecting whatever dealing the desires to have on that land. It has become clear that the processes of accessing land presently characterized by procedural delays and red tapeism.

1.3 Aim and Objectives of Study

The aim of the study is to examine the Impact of Land Use Zoning Control on Real Estate Development using Bwari Area Council, FCT Abuja as a case study. In achieving this aim, the following specific objectives were laid out as follows:

1. To ascertain whether the powers exercised by the state governors under Land Use Act and the general over − view of this Act pose a threat to effective land use.
2. To identify the possible problems associated with property development as a result of the Act.
3. To suggest the necessary adjustments that need to be made to the revocation, compensation of rights of occupancy in sections of this Act, in order to promote property development.
4. To suggest an appropriate technique for valuing properties compulsorily acquired under the Act.
5. To suggest the right professional capable in assisting the government on land transactions and other improvements on land.
6. To provide suggestion towards ensuring adequate compensation for a revoked right of occupancy.
7. Finally, proffering ways of reflecting the realities of social, traditional and economic norms posed by the Land Use Act to the modern society.

1.4 Research Questions

The study came up with research questions so as to be able to ascertain the above stated objectives. The specific research questions for the study are stated below as follows:

• Is the land use decree 1978 (now Land Use Act) implemented to its fullest apart from over use of such powers by state governors?
• What are the problems associated with the techniques for valuing properties compulsorily acquired for compensation under the act?
• What is the effect of the Act on compensation?
• What adjustments should be done to the compensation, revocation of rights of occupancy for overriding public interests, allocation of land for Agriculture and grazing sections of this Act?
• What should be the appropriate technique for valuing properties compulsory acquired for compensation purposes under the Act?
• What should be the appropriate technique for zoning of land and building and valuing properties compulsorily acquired compensation purpose under the Act?
• Does Land use zoning control affect price mechanism of land and buildings?

1.5 Research Hypothesis

In order to pursue the objective of this study, the following generalized statements have been designed to guide and aids in obtaining the result for the experiment to be conducted. For this work, the null hypothesis will be represented with H0 while the alternative hypothesis will be represented with hypothesis H1.

Hypothesis One

• H0: The Land use zoning control did not create any problem to the ease of accessibility to land for property development in Bwari Area Council.
• H1: The Land use zoning control has created problems to the ease of accessibility to land for property development in Bwari Area Council.

Hypothesis Two

• H0: The Land use zoning control has not imposed any difficulty in land acquisition for property development in Bwari Area Council.
• H1: The Land use zoning control has imposed some difficulties on land acquisition for property development in Bwari Area Council.

1.6 Significance of Study

The study of the Land Use Act No. 6, 1978 with eight (8) parts and fifty one (51) sections is the most significant land policy currently in force in Nigeria. The study will be of benefit to the government of its planning control and property acquisition procedures. Most intending property development are scared by the compensation technique if a property is revoked by the governor for overriding public interest, hence, this study will assist the developers for prudent appraisals.

State surveyors and values coded apply the result of this research. Work in their future valuation for compulsory acquisition and in their advisory role to the public. Students and lecturers in Estate management Professional will not find this work insignificant as it explained areas of controversy in this act. With this input in Estate Management Professional, property developers will increase geometrically as recommendations preferred in this work will improve the compensation receivable by.

1.7 Scope of Study

The study focuses on the Impact of Land Use Zoning Control on Real Estate Development using Bwari Area Council, FCT Abuja as a case study.

1.8 Limitations of the Study

During the course of this study, many things militated against its completion, some of which are:

1. Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
2. Establishment Policies: Establishment policies posed a serious limitation as most staffs are not ready to release information needed for this project work. There were lots of information needed from the staffs of this establishment to enhance the study which took them time to release or they did not release at all for security purposes, hence the scope was reduced.
3. Research material: availability of research material is a major setback to the scope of the study.
4. Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
5. Financial Constraint: Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet, questionnaire and interview).

1.9 Definition of Terms

Effect: Effect is defined as a change which is a result or consequence of an action or other cause or cause (something) to happen; bring about.

Land: Land, sometimes referred to as dry land, is the solid surface of Earth that is not permanently covered by water. The vast majority of human activity throughout history has occurred in land areas that support agriculture, habitat and natural resources.

Land use Act: An Act to Vest all Land compromised in the territory of each State (except land vested in the Federal government or its agencies) solely in the Governor of the State, who would hold such Land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the State and to organizations for residential, agriculture, commercial and other purposes while similar powers will with respect to non-urban areas are conferred on Local Governments.

Property: Property is that which belongs to or with something, whether as an attribute or as a component of said thing. In the context of this article, property is one or more components (rather than attributes), whether physical or incorporeal of a person’s estate or so belonging to, as in being owned by, a person or jointly a group of people or a legal entity like a corporation or even a society.

Development: Economic development is the process by which a nation improves the economic, political, and social well-being of its people. The term has been used frequently by economists, politicians, and others in the 20th and 21st centuries. The concept, however, has been in existence in the West for centuries. Modernization, Westernization and especially Industrialization are other terms people have used while discussing economic development. Economic development has a direct relationship with the environment and environmental issues.

Property Development: Property development includes a range of activities from the purchase of land, development of facilities and buildings to meet customers’ requirements. It also includes either the sale or lease of the land of properties on completion. Developers generally coordinate the activities converting plans, needs and ideas into property.