A

TERM PAPER

ON

COMPARISON OF ARCON DECREE WITH THE NIGERIAN

URBAN AND REGIONAL PLANNING ACT NO 88 OF 1992

BY

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.

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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 ...................................................................................................................................1

4

Reference ....................................................................................................................................15

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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

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INTRODUCTION

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. Architect Registration Council of

Nigeria is a corporate body established to be in charged and with the general duty of

determining what standards of knowledge and skill are to be attained by persons seeking to

become members of the architectural profession and raising those standards from time to time

as circumstances may permit, securing in accordance with the provisions of this the Act, the

establishment and maintenance of a register of persons entitled to practise the profession and

the publication from time to time of lists of those persons.

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 who shall be appointed by

the Minister, one person to represent each state of the Federation 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 universities having 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; and a subject plan.

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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.

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 of Communications; the National Electric Power Authority;

the Nigerian National Petroleum Corporation; and the 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 Federal Capital Territory; Abuja in

rotation and the executive director appointed by the Commission who shall be the chief

executive of the Commission.

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SIMILARITIES OF ARCON DECREE AND THE NIGERIAN URBAN AND REGIONAL PLANNING ACT

NO 88 OF 1992

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

2. They are 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, for instance, "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 professional inputs

thereto of buildings, or part thereof and the layout and master plan of such building or groups

of buildings forming a comprehensive institution, establishment or neighborhood as well as any

other organized space,

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

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

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

Act.

“minister” means the Minister charged with responsibility 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.

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“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;

(c) hotel, guest house, night club, restaurant and way side stall;

(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 environmentally significant change in the

use of any land or demolition of buildings including the felling of trees and the placing of free-

standing erections used for the display of advertisements on the land and the expression

“develop” with its grammatical variations shall be construed accordingly.

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“development permit” means a permission to develop any land or buildings granted by the

authority empowered to give such permission under this Act.

“development plan” means a plan indicating the manner in which an area of land should be

developed;

“dwelling-house” means a building erected or converted for use primarily to provide living

accommodation for one or more persons.

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

“industrial development” means any development or use of land or any building on land for

the purpose of:

(a) processing any mineral;

(b) extracting or producing by whatever means other than mining one product from another

product or substance;

(c) repair and working on any mechanised equipment;

“Institutional development” means any development on the land for any of the following

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 in public affairs;

(c) sports and social clubs but not clubs offering overnight accommodation for a charge for

more than twenty persons;

(d) museums and art galleries;

(e) swimming pools available for use by members of the public with or without payment of a

charge; and

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

“land” includes any building and any other thing attached to the earth or permanently fastened

to anything so attached, but does not include minerals.

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“local plan” includes plan formulating in detail, within the context of the structure plan, the

ways in which the policy and general proposals are to be implemented and includes any or a

combination of the following—

(a) district plans which are plans designed for areas where factors in local planning need to be

set out comprehensively; and

(b) action area plans which are plans for areas indicated (or identified) for action by structure

plans i.e. where changes by development, redevelopment, or improvement need to be

affected;

“metropolitan plan” means general policy and proposals for the physical, spatial and

environmental development of a very large town or metropolitan area which may or may not

extend over more than one planning authority’s jurisdiction.

“Minister” means the Minister charged with responsibility for matters relating to urban and

regional planning.

“physical development plan” means any of the plans set out in section 1 of this Act and

includes any schemes, plans or master plans approved under authority of any legislation

repealed by this Act or made under any other authority of any legislation approved 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 to

designate 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 development plan

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 persons may

reside, work or carry on other activities.

“Tribunal” means the Urban and Regional Planning Tribunal established under section 86 of this

Act.

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

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

(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.

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

direction under subsection

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

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(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 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;

(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and

when

the appeal is dismissed, and shall not take effect, except in accordance with the foregoing

provisions of this subsection.

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(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 a stop-work order issued and

served pursuant to this Act is guilty of an offence and liable on conviction to a fine of not

exceeding N10,000 in the case of an individual and 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;

(c) in the case of a body corporate, to a fine of N5,000;

(d) be liable to a fine not exceeding N200 for every day the offence continues or to

imprisonment for a term not exceeding one month.

6. They can be used as a document for arbitration in time of dispute

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DIFFERENCES BETWEEN ARCON DECREE AND THE NIGERIAN URBAN AND REGIONAL

PLANNING ACT NO 88 OF 1992

1. ARCON Decree is termed a 'Decree' and also 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, while The Nigerian Urban and Regional Planning Act is

a set of laws and subsidiary legislation.

2. ARCON Decree is a decree of basic requirements for the Architect's Registration, while The

Nigerian Urban and Regional Planning is the law and regulation guiding Local, State and Federal

Government on National Physical Development.

3. ARCON Decree is categorised into Sections, while The Nigerian Urban and Regional Planning

Act is categorised into Parts.

4. ARCON Decree has Council to enforce its decree, while The Nigerian Urban and Regional

Planning Act has technical committee to evaluate the proposals.

5. ARCON Decree emphasises basically on the Architects only, while The Nigerian Urban and

Regional Planning Act is based on public, federal, state, local government, governmental and

non-governmental organisation and professional bodies.

6. The ARCON Decree's regulations may be amended from time to time, while The Nigerian

Urban and Regional Planning Act, the operative national physical development plan shall be

reviewed every five years to reflect socio-economic changes in Nigeria.

7. Under the ARCON Decree, the composition of tribunal , (1) Whenever any case of

professional misconduct against an architect is referred to the Tribunal by the Panel, such a

case shall be heard by a division of not more than five members, comprising fully registered

architects appointed by the Architects Registration Council of Nigeria of whom at least two shall

be elected members of the Council.

(2) The President of the Council shall be the Chairman of the Tribunal. Proceedings before the

Tribunal, while The Nigerian Urban and Regional Planning Act,

(1) The Tribunal shall consist of:

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(a) a chairman who shall be a registered town planner with 15 years' post qualification

experience;

(b) an architect;

(c) a legal practitioner knowledgeable in Planning Law;

(d) an engineer; and

(e) a land surveyor.

(2) The Minister or the Governor, as the case may be, shall appoint:

(a) the chairman of the Tribunal, on the recommendation of the Town Planners Registration

Council;

(b) the other members of the Tribunal, on the recommendation of the professional body

concerned;

(c) the secretary to the Tribunal who shall be a town planner with at least 5 years post-

qualification experience.

8. Under the ARCON Decree, the President of the Council shall be the Chairman of the Tribunal,

while The Nigerian Urban and Regional Planning Act, the Minister or the Governor shall

appoint the Chairman of the Tribunal.

CONCLUSION

The term paper has shown the Comparison of ARCON Decree with The Nigerian Urban and

Regional Planning Act No 88 of 1992.

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REFERENCES

ARCON. (1990). ARCON Decree: Architects (Registration, etc,) Act arrangement of sections.

Nigeria

NURP. (1992). Nigerian Urban and Regional Planning Act. Nigeria.

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