Comparison of Arcon Decree with the Nigerian Urban and Regional Planning Act No 88 of 1992

TERM PAPER

COMPARISON OF ARCON DECREE WITH THE NIGERIAN URBAN AND REGIONAL PLANNING ACT NO 88 OF 1992

AGBAYEWA, A.T. (ARC/07/0928)

AND

OLA, M.A. (ARC/07/0985)

COURSE CODE: ARC 807

COURSE TITLE: PROFESSIONAL PRACTICE AND PROCEDURE 1

COURSE LECTURER: PROF O.O. OGUNSOTE

JUNE, 2013.

TABLE OF CONTENT

Title page ...... 1

Table of content ...... 2

Abstract ...... 3

Introduction...... 4

Similarities of ARCON Decree and The Nigerian Urban and Regional Planning Act No 88

of 1992 ...... 6

Differences between ARCON Decree and The Nigerian Urban and Regional Planning Act

No 88 of 1992 ...... 13

Conclusion ...... 14

Reference ...... 15

ABSTRACT

The ARCON (Architects Registration Council of Nigeria) Decree is an Act to provide for the registration of the profession of architects by the Architects Registration Council of Nigeria, and for all other matters connected with that profession. The Council consist of four persons one of whom shall be a member of staff of the Ministry to represent the various interests in the field of Architecture. The Nigerian Urban and Regional Planning Act was put onto law in the year 1992. It identifies different types and levels of Physical Development Plans at the Federal, State and local government. For the purposes of the initiation, preparation and implementation of the National physical development plans,the Federal, State and local governments establishes and maintain respectively bodies which consist of: National Urban and Regional Planning Commission; State Urban and Regional Planning Board in each of the States of the Federation and the Federal Capital Territory , Abuja; and a Local Planning Authority in each of the local government areas and the area councils of the Federation. This term paper shows the Comparison of ARCON Decree with The Nigerian Urban and Regional Planning Act No 88 of 1992, enumerating the similarities and differences between them.

key words:ARCON, Law, Act, Council, Planning, Architects

INTRODUCTION

The Council consist of four persons one of whom shall be a member ofstaff of the Ministry to represent the various interests in the field of architecture who shall be appointed by the Minister, one person to represent each state of theFederation and the Federal Capital Territory, Abuja who shall be appointed by the Minister on the nomination of the Governor of the State and the Minister of the Federal Capital Territory respectively, also four persons, who shall represent the universitieshaving accredited faculties of architecture on a rotational basis, so however that, no university shall have more than one representative at a time and four persons, who shall be appointed by the Nigerian Institute of Architects in the manner for the time being provided by the constitution of the Institute. However a person shall not be appointed as a member of the Council unless he is fully registered as an architect under this Act and at the date of his appointment he has been engaged in architectural practice for a period of not less than ten years.

The Nigerian Urban and Regional Planning Act was put onto law in the year 1992. It identifies different types and levels of Physical Development Plans at the Federal, which includes: a National Physical Development Plan; a regional plan; a sub-regional plan; an urban plan; and a subject plan. At the State level it includes: a regional plan;a sub-regional plan;an urban plan; a local plan; and a subject plan. At the local level there shall be a town plan; a rural area plan;a local plan; anda subject plan.

For the purposes of the initiation, preparation and implementation of the National physical development plans, the Federal, State and local governments establishesand maintain respectively bodies which consist of: National Urban and Regional Planning Commission; State Urban and Regional Planning Board in each of the States of the Federation and the FederalCapital Territory , Abuja; anda Local Planning Authority in each of the local government areas and the area councils of theFederation.

The Commission comprises the following members: a chairman; one representative of each of the following professions who shall be a registered member of the relevant profession; that is Town planning; Architecture; Civil engineering; Land surveying; Law and Estate surveying; one representative of each of the following; that is the Federal Ministry of Works and Federal Ministry of Housing; the Federal Ministry of Agriculture and Rural Development; the Federal Ministry of Finance;the Federal Ministry of Commerce and Tourism; the Federal Ministry of Power and Steel; the Federal Ministry of Environment; the Federal Ministry of Transport and the Federal Ministry ofCommunications;the National Electric Power Authority;the Nigerian National Petroleum Corporation; andthe Nigerian Telecommunication Limited; one representative of the Nigerian Chamber of Commerce; Industries;Mines and Agriculture; ten representatives of the States of the Federation and the FederalCapital Territory; Abuja in rotation andthe executive director appointed by the Commission who shall be thechief executive of the Commission.

SIMILARITIES OFARCON DECREE AND THE NIGERIAN URBAN AND REGIONAL PLANNING ACT NO 88 OF 1992

1. They are used within the Federal Republic of Nigeria.

2. Theyare legal documents guided by laws, rules and regulations that can be enforced.

3. They contain minimum requirements for professionals in the building industries

4. There are interpretations of appointed offices.

Under the ARCON Decree, forinstance, "chairman" means the chairman of the Architects Disciplinary Tribunal.

"complainant" means the Architects investigating Panel or any member thereof.

“approved” means for the time being approved by the Council under section 9 of this Act;

“approved architectural qualification” means a qualification which is approved by the Council under this Act; 33.

“architect” means any person professionally entitled to registration under this Act.

“architecture” means the art and science in theory and practice of design, erection, commissioning, maintenance and management and co-ordination of allied professionalinputs thereto of buildings, or part thereof and the layoutand master plan of such building or groups of buildings forming a comprehensive institution, establishment orneighborhood as well as any other organized space,

enclosed or opened, required for human and otheractivities;(1990 No. 43)

“certificate of experience” means a certificate grantedin pursuance of section 11 of this Act.

“council” means the Architects Registration Council ofNigeria established by section 2(1) of the Act.

“minister” means the Minister charged withresponsibility for architecture;(1990 No. 43)

"panel” has the meaning assigned to it by section 12(3) of this Act.

“prescribed” means prescribed by regulations made under this Act.

“register” means the register maintained under this Act.

“Registrar” means the Registrar appointed in pursuance of section 5 of this Act.

“regulations” means regulations made by the Minister.

“tribunal” has the meaning assigned to it by section 12(1) of this Act.

Also, in the Nigerian Urban and Regional Planning Act No 88 of 1992, For instance, "authority" means the Local Planning Authority established by section 5(c) of this Act.

"board" means the State Urban and Regional Planning Board established by section 5(b) of this Act.

“building” means any structure (whether of a temporary nature or not), erected or made on, in, over or under any land.

“commercial development” means any development or use of land or any building on the land for any of the following purposes—

(a) a shop;

(b) an office;

(d) a warehouse and other similar storage facilities;

(e) a cinema theatre, sports stadium and a building providing indoor recreational and leisure facilities for a charge;

(f) a market; and

(g) any development or use of land or building on the land for any purpose incidental to any of the above purposes;

“Commission” means the National Urban and Regional Planning Commission established by section 5 (a) of this Act.

“Control Department” means any agency performing the duties of urban and regional planning and development control at the Federal, State and local government level.

“development” means the carrying out of any building, engineering, mining or other operations in, on, over or under any land, or the making of any environmentallysignificant change in the use of any land or demolition of buildings including thefelling of trees and the placing of free-standing erections used for the display ofadvertisements on the land and the expression “develop” with its grammaticalvariations shall be construed accordingly.

“development permit” means a permission to develop any land or buildings grantedby the authority empowered to give such permission under this Act.

“development plan” means a plan indicating the manner in which an area of landshould be developed;

“dwelling-house” means a building erected or converted for use primarily to provideliving accommodation for one or more persons.

“enforcement notice” includes stop notice, contravention notice and a demolitionnotice.

“industrial development” means any development or use of land or any building onland for the purpose of:

(a) processing any mineral;

(b) extracting or producing by whatever means other than mining oneproduct from another product or substance;

“Institutional development” means any development on the land for any of thefollowing purposes:

(a) social welfare and community development, i.e. education, health care,religion and charity etc.;

(b) offices for party political organisations, trade unions, employees; association and any other organization whose principal purpose is participating inpublic affairs;

(d) museums and art galleries;

(e) swimming pools available for use by members of the public with orwithout payment of a charge; and

(f) any development or use of land for any purposes incidental to any ofthe above purposes;

“land” includes any building and any other thing attached to the earth or permanentlyfastened to anything so attached, but does not include minerals.

“local plan” includes plan formulating in detail, within the context of the structureplan, the ways in which the policy and general proposals are to be implemented andincludes any or a combination of the following—

(a) district plans which are plans designed for areas where factors in localplanning need to be set out comprehensively; and

(b) action area plans which are plans for areas indicated (or identified) foraction by structure plans i.e. where changes by development, redevelopment, orimprovement need to be affected;

“metropolitan plan” means general policy and proposals for the physical, spatial andenvironmental development of a very large town or metropolitan area which may ormay not extend over more than one planning authority’s jurisdiction.

“Minister” means the Minister charged with responsibility for matters relating tourban and regional planning.

“physical development plan” means any of the plans set out in section 1 of this Actand includes any schemes, plans or master plans approved under authority of anylegislation repealed by this Act or made under any other authority of any legislationapproved under this Act.

“plan” means land use proposal expressed in words and graphics.

“plan area” means the area of land designated by the planning authority with power todesignate as the area for which a physical development plan is to be or has been made.

“region” means an area of land less than the country but more than a town area,having distinctive characteristics that distinguish it from other areas.

“regional plan” means statement of general policy and proposals for the developmentplan designed to channel the growth of such a region in desirable directions.

“rural area” means any part of the country which is not declared an urban area.

“structure” means any permanent or semi-permanent construction in which personsmay reside, work or carry on other activities.

“Tribunal” means the Urban and Regional Planning Tribunal established undersection 86 of this Act.

“urban area” means any area designated in accordance with section 3 of the Land UseAct.

5.There are penalties for offenders

Under the ARCON Decree, it is basically applied to unprofessional conduct.

(1) Where (a) a person fully registered under this Act is convicted by any court in Nigeria or elsewhere having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of an architect; or

(b) a person provisionally registered under this Act, is likewise so convicted in circumstances such that the Council is satisfied that his name ought to be removed from the register; or

(c) the Tribunal is satisfied that the name of any person has been fraudulently fully or provisionally registered, the Tribunal may, if it thinks fit, give a direction reprimanding that person if fully registered or, whether or not fully registered, suspending that person from practice by ordering him not to engage in practice as an architect for such period not exceeding 24 months or ordering the Registrar to strike his name off the relevant part of the register.

(2) The Tribunal may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection

(i) of this section, until a subsequent meeting of the tribunal; but (a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and

(b) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred, unless, he was removed from the register; or

(ii) The Tribunal may, if it thinks fit, defer or further defer itsdecision as to the giving of a direction under subsection

(1) of this section, until a subsequent meeting of thetribunal; but

(a) no decision shall be deferred under this subsectionfor periods exceeding two years in the aggregate;

and(b) no person shall be a member of the Tribunal forthe purposes of reaching a decision which has

been deferred or further deferred, unless, he was present as a member of the Tribunal when the

decision was deferred.

(iii) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection, unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(iv) When the Tribunal gives a direction under subsection (1) of this section, the Tribunal shall cause notice of the direction to be served on the person to whom it relates.

(v) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal; and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Tribunal, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

(vi) A direction of the Tribunal under subsection (1) of this section shall take effect-

(a) where no appeal under this section is brought against the directions within the time limit for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the

withdrawal or striking out of the appeal;

the appeal is dismissed, and shall not take effect, except in accordance with the foregoing provisions of this subsection.

(vii) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person, and a direction under this section for the removal of a person's name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has

duly made such an application, from the date of his last application) as may be specified in the direction.

Also,in the Nigerian Urban and Regional Planning Act No 88 of 1992,penalties for any party found guilty to comply with the provisions set out.For example,a person who fails to comply with the terms of an enforcement notice or disregards astop-work order issued and served pursuant to this Act is guilty of an offence andliable on conviction to a fine of not exceeding N10,000 in the case of an individualand in the case of a corporate body to a fine not exceeding N50,000.

However, a person guilty of an offence under section 60 of this Act shall:

(a) on summary conviction be liable to imprisonment for a term not exceeding three months or to a fine not exceeding N1,000 or to both such imprisonment and fine;

(b) on conviction on indictment be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding N2,000 or to both such imprisonment and fine;