By Akintunde Adegbite
In Nigeria, property development is governed by various regulations, including Right-of-Way (RoW) requirements and setback distances. These rules ensure that buildings are constructed a safe distance from roads, power lines, pipelines, and other public infrastructure.
*Understanding Right of Way (RoW)*
RoW refers to the minimum distance between the edge of a public infrastructure and the nearest part of a private development. This distance is often called a setback.
*Regulations Guiding RoW and Setback Distances*
1. Federal Ministry of Works and Housing
2. State Urban and Regional Planning Laws (e.g., Lagos State Physical Planning Law 2019)
3. Nigerian Urban and Regional Planning Act (Decree No. 88 of 1992)
4. Relevant sector regulators (e.g., TCN, NCC, NUPRC)
*Key Notes*
1. Setbacks ensure access for maintenance, safety, and future expansion.
2. Encroachment on a RoW can lead to demolition, fines, or loss of approval.
3. Developers must obtain building plan approval from the relevant urban and regional planning authority.
*Examples of RoW Widths and Setback Distances*
Infrastructure Type RoW Width (Total) Minimum Building Setback (from edge of RoW) Authority
Federal Trunk ‘A’ Road (Highway) 45m ≥15m Federal Ministry of Works
State / Trunk ‘B’ Road 30m ≥10m State Urban Development Authority
Local Government / Trunk ‘C’ Road 15m ≥6m Local Planning Authority
Electric Power Transmission Lines 50m No structure allowed within corridor TCN
Gas / Oil Pipelines 30m-60m No development within corridor NUPRC
Telecommunication Cables / Towers 5m-10m Must maintain buffers from residential structures NCC & State Planning Authority
Railway Line 30m ≥15m Nigerian Railway Corporation
Drainage Channels / Rivers 15m-30m ≥15m State Environmental Agency
Urban Residential Building (front setback) Typically 6m from road edge
*Importance of Compliance*
1. Ensures public safety and infrastructure development
2. Prevents demolition or relocation of structures
3. Avoids fines and penalties
4. Enhances property value and development potential
By understanding and complying with RoW requirements and setback distances, property developers in Nigeria can avoid potential issues and ensure successful project execution.
