Tuesday 4 December 2012

professionals in the building construction industru



Professionals in the Building Construction Industry.


Introduction

The building construction industry is as old as human civilization itself. The history of the industry evolves with evolution of human settlements and culture. It ha its different feature in each age of human existence namely agrarian, industrial and information ages.

As such  the building construction industry has over time, in an attempt  to overcome evolving challenges  as a result of increasing complexity of human settlement( town, country, city, megacity), culminated into specialization that seek to enhance efficiency and economical service delivery in the industry.

This development, however, has created confusion and mix-up impression to members of the public who are expected to be serviced by the industry.

This report, hereby, supplies hints of both general and specialized role of different key players in the industry, in addition to identifying them, while also justifying them, whole also justifying their relevance.

List of Professionals.

  1. Land Surveyor
1.1  Geographical Information System Analyst
  1. Town Planner
2.1  Landscape Architect
3        Architect
3.1  Interior Decorator
  1. Quantity Surveyor
  2. Civil Engineer
5.1  Structural Engineer
5.2  Geotechnical Engineer
  1. Builder
  2. General Contractor
7.1  Project Manager
  1. Real Estate Developer
  2. Realtor/Estate Surveyor and Valuer

Land Surveyor

Land Surveying is the art and science of taking measurement of different points over, on and below the surface of the earth crust or other planet crust. Also involved in this is the process of error control.

Relevance
Land and other surface of the earth is a finite quantity that can be quantified. This quantification is relevant in modern day human society because it helps to solve problems relating ownership, boundary, town/city planning and development. However, the task of accomplishing the land measurement has challenges due  to  the nature and feature of the earth, such as earth curvature, rotation on its own axis, revolution around the sun, magnetism of the earth and its relationship other entities of the universe in the field of  energy. Also other challenges include standard of measurement, limitation of instrument, error-prone nature of man.

Hence there is need for high level man power with enough skill, knowledge and talent to tackle all the afore mentioned challenges. Land surveyor who is the custodian of land surveying profession is the right man power.

1.1  Geographical Information System Analyst.

Physical environmental planning and management as a public policy occupation experienced a major challenge during industrial revolution phase of human existence. The technical limitation of ability to capture and process data into information compelled many planning activities to be a mere planning intuition. The cost of spearheading such exercise with the available technology was enormous for developing countries, who were left with the option of only “planning without adequate facts’

However, thanks to the emergence of information age in the 80s. this challenge culminated into marriage between telecommunication, space technology and information technology. This development proffer solution to the age long problems confronting ability of man to effectively capture, process and manage  data and information that describe our visual world. GIS analyst is a land information database administrator and system manager.

  1. Town Planner.

Land and other natural resources are the foundation that supports life and human activities. Lack of processed intervention in allocation of land and natural resources among competing interests of human activities had led to chaos and common inconvenience. This problem became profound as the human developmental phase moved from agrarian to industrial phase. As human settlement evolved from agrarian to industrial phase human settlements evolved from Agrarian Township to city and megacity comprising of different interest group and their complexity need pattern. Problems of overcrowding, slum, decay, traffic congestion, pollution, flood epidemic, visual intrusion emerged.
As a result it became necessary that a trained man power of town planner is imperative to control situation of town and cities in the public interest. The profession of town planning is the art and science of surveying, designing, evaluating alternative strategies of allocating land resources and implementing them to achieve optimum returns from spatial content organization of the environment. Human settlement like human body needs to be formed before it can be decorated. Town Planner’s job is to form the human settlement before it comes to the turn of other building and construction professionals to start decorating with bridges, houses, infrastructures, plants, trees e.t.c. he plays this role by specifying the exact location of the spatial content and defining their forms in human settlement.



2.1       Landscape Architect/Designer/Planner.

The detailed outdoor environment of every human settlement play a major role  in supporting many activities of human such as recreation and social gathering. Also. The outdoor environment needs to be protected from ecological and geomorphological imbalance imbalance due to intervention of man in the natural settings of ecosystem. There should be a way both natural and artificial to make outdoor environment, aesthetically, beautiful, capable of supporting outdoor activities such as recreation and be environmentally stable and mitigated from intervention of natural of natural system. All of the above are the responsibilities of Landscape Architect. His job can range from small scale to a very large scale level. He designs, estimate and implement the process of landscape element development. In a developing country like Nigeria, this role is still being played by Town Planner, Architects and contractors.

  1. Architect/Building Designer

Building as a major content of the built environment is expected meet functional,
structural and aesthetic objectives which are all values of man. Building is a technical, social and psychological product. In order to satisfy the above requirements the superstructure of it which is visible to visual world need to be designed. This forms the jurisdiction of an Architect. To be precise he is saddled with the responsibility of designing the visible component of the building superstructure. (part above ground surface)

4.1  Interior Decorator/Designer

Indoor space as created by other member of the industry team is expected be of value and style expressing the status of the occupant/owner. Interior decorator/designer work on specification of stylish finishing such as cornice on ceiling, colours, texture of the wall, curtains, blinding, furniture, architrave etc , to enhance desirable visual effect in the indoor. In Nigeria this role has not assume a full professional status.


  1. Quantity Surveyor

Buildings and other construction activities are capital, material and labour intensive at any scale of it. Even the most modest type of building has a considerable cost and labour implications. This is why the concept of “phased implementation is a common place in the industry. There is a natural inquisitive to have firsthand idea of the cost before embarking on the building construction exercise. The knowledge of the cost assists in budgeting and therefore helps to prevent project abandonment. The mechanism of price as a function of demand, supply, time. vis-à-vis the identification of material and technical knowledge of its quantification necessitate the relevance of the expertise skill. The cost estimation in building construction involves a deep understanding of building construction process. All of the above constitute the jurisdiction of the Quantity Surveyor.


  1. Civil Engineer.

Civil structure such as building, wall, embankment, bridges, road, drainage, sewers, bunkers, tunnels, canal embankments, dam e.t.c. are both functional and structural products. Their importance in modern infrastructures and transportation system cannot be overemphasized. Their safety implication is also major factor. As such their design and construction form the jurisdiction of a civil engineer.

6.1  Structural Engineer

The invisible structural content of both substructure (foundation) and superstructure Part above ground level) of building must be capable of bearing and sustaining both the dead weight and imposed weight of the building. Also, the material composition of the building structure must be able to last to the end of the life span of such building. All these requirements are contained in building code which is the reflection of man’s values and objectives on safety of human lives.
His informed intuition and experience is invaluable in many special cases that are outside the scope of safety code. Such relevance and influence is felt more in high rise structure such as high rise structures, such as tower, mast, reservoir e.t.c.
The conscious efforts to achieve the above constitute the jurisdiction of structural engineer. In a developing country like Nigeria the field still remains a specialization in civil engineering.


6.2  Geotechnical Engineer

Another specialization of civil engineering that concerns itself with relationship between the surface of the earth, its soil and the structure it bears with a view of coming up with appropriate design for the superstructure (foundation).In developing country like Nigeria, this role is being played by structural engineer

  1. Builder

Building construction operation is a very vast one. Apart from structural requirement, building element needs to satisfy other requirements of safety, convenience and health.
Also the implementation of building concepts and design involves coordination of other team players such as subcontractors, technicians, artisans and unskilled labour. At this junction, a builder comes in as man power capable of interpreting the specifications of other survey and design professionals. Also he plans and organizes implementation of building operations.


  1. General Contractor

Outside the jurisdiction of a builder are other options of financing personnel management and plant scheduling, which a consulting builder cannot foot bill, especially if the scale is very large. At this point comes the general contractor.


  1. Project Manager

Another middle level contractor is the project manager. He can be hired in lieu of general contractor/Builder. He must be the one of the professionals in the building construction industry who has talent, skill and experience in building operations. The advantage of having him can reduce the cost of construction if he is hired at either at conception and construction, or at design and construction stage. Waldigit Concepts is a multi-disciplinary outfit with track record of ability to deliver to this effect

  1. Real Estate Developer

Real Estate in their raw form without structure or with a structure put to a particular use may have a potential of “latent” (hidden value) by virtue of their location. This value is known as redevelopment value and can only be realized if the land is put to such optimum use. Often time title holders of such properties lack, either knowledge of this due to property market imperfection or finance or financial capacity achieve this.

At this point comes in the jurisdiction of Real Estate Developer as an investor. He sometimes partner with financial institution and the title holders. He undertakes the feasibility and viability studies and the eventual implementation of the development. This is done to the natural benefit of all parties concerned.

  1. Realtor/ Estate Surveyor and Valuers.

He is both involved at conception stage and operational stage of project development cycle. If the building construction is being undertaking for investment purposes, there is a dire need of conducting feasibility and viability study to protect the investment of the investor. This form part of his jurisdiction. The basis of his relevance lies in the fact that property market is imperfect. As such information of price and product are too tied to location and not freely accessible. A the operational stage of project development when  it comes to sale, rent, lease of properties acts as agent to correct market imperfection by bringing the seller and the buyer together at an equilibrium price.

Again due to property market imperfection the market value of property products are not readily available. Again it became his jurisdiction to assist in determining such market value in an exercise known as valuation. His other duties include management of the interest of title holders in property.


In Conclusion

The built environment, which is the product of construction, is a planning process, within natural environment culminating into enormously dynamic complex system.
Virtually all human field of endeavor has a role to play in delivering ideal built environment. However, at a professional level ideal built environment service delivery forms major focus of the aforementioned professions. Building as a product of building construction industry, involves contributions of team of skilled, semi-skilled man- power. A situation that necessitates high level of co-ordination which can be best handled by a team member with vast multidisciplinary exposure, background and experience, if appreciable degree of economy and efficiency in the service delivery is to be gained. This exactly is our vision and mission focus in WALDIGIT  CONCEPTS.

Insiders Opinion

In Waldigit Concepts, our candid opinion based on more than two decade of being in the industry, is anchored on making the following declarations:
  1. .building construction industry is one of such that involves some natural endowment of talent such as you have in the entertainment industry
  2. It involves application of high level of man power development.
  3. It involves high level of integrity on the part of practitioners.
  4. It involves high level of vast experiences in many fields of study.

The situation is so dramatic that there is hardly any building or construction projects that can be completed without either a major or minor conflict between the client and the contractors/consultants, either in public or private sector. Conflict in building or construction projects is so common that it has become a subject of study in our professional training programme.

This is exactly why we published this article to inform the general public that the only way to either avoid or minimize frequency of conflict is to ensure that cost should not be the only consideration in selecting professionals or project manager in the industry, but the criteria as highlighted above should be considered alongside with cost when making such decisions.






      


Thursday 22 November 2012










             FREE REPORT

Some Tips on Land Documentation for Home, Housing, Building Construction in Nigeria

According to existing land policy in Nigeria i.e. Land Use Act of 1978, the legal title to the land is the statutory right of occupancy and customary right of occupancy in respect of urban and rural land respectively and the right is evidenced by a Certificate of Occupancy (C of O).

In the case of land that has registered title, if there is any transfer, the Land Use Act again requires the consent of the Governor. This means, if the consent of the governor has not been obtained to an assignment of legal title on land, such transfer is voidable.

Land documentation can also be done for land that had been acquired by government but upon which individual or group have trespassed and built houses. This is known as Ratification

2.2.1       PROCEDURE FOR CERTIFICATE OF OCCUPANCY (PRIVATE LAND)
The promulgation of Land Use Act 1978 introduced the new improved title document tagged certificate of occupancy. The Governor grants statutory rights of occupancy in respect of urban land while the local Government grants customary right of occupancy in respect of rural land.

In Oyo as in similarity to any other state, there are procedures that must be followed before the certificate is issued. The procedures in respect of private certificate of occupancy include the following steps

(1)     LAND INFORMATION
The applicant for a Certificate of Occupancy should first apply for Land Information to ascertain whether the land is within government acquired/revocation area or free from government acquisition. The procedure for obtaining Land Information is as follows:
(1)                Application should be made to the Surveyor General for Land Information.
(2)                The application should be supported by survey plan (paper copy)
(3)                Receipt of payment for Land Information

Upon the issuance of the Land Information which shows that the land is free from government acquisition, the applicant is at liberty to obtain the form for certificate of occupancy (private) with the following documents and relevant fees paid (receipt attached)
(i)          Purchase Receipt duly stamped
(ii)        Development levy (for state and only)
(iii)      Tax Clearance Certificate (3 years)
(iv)      Survey Plan ( 1 original and 7 copies)
(v)        Recent passport Photograph
(vi)      Building plan if the land is already developed
(vii)    Land Information certificate
(viii)  Charting and endorsement fee

The application is submitted to Land department through the office of Director of Land for processing where a file is opened with reference number. The file is then forwarded to Survey Directorate for charting to confirm the information that the land is free.

2.    PUBLICATION
Upon confirmation that the land is free, the application for the certificate of occupancy is published in the Newspaper for any possible objection(s) by the members of the public. If there is no objection within Twenty Eight days of the publication, the application proceeds to the next stage – Inspection

3.    SITE INSPECTION
The purpose of the inspection is just to confirm that the survey plan submitted is in accord with the land. The assigned officer will invite the applicant or his representative for the site inspection. The officer will also check the pillar/beacon numbers.

The officer at the end of the inspection will write a site inspection report. The report is sent to the Director of Land services for approval. The file then moves to the office of Permanent Secretary of the Land Bureau for final approval. Thereafter the file moves for preparation of the certificate of occupancy and signing.

4.    GOVERNOR’S SIGNATURE
The Governor may appoint any commissioner or any officer through the official gazette to sign the certificate of occupancy.

5.    STAMP DUTY
The law requires that instruments such as certificate of occupancy (land title) attract stamp duty. The document will be sent to Board of Internal Revenue for necessary stamping, after which the file will then be sent to Registrar of Title for registration

6.    REGISTRATION
There is a requirement that the instrument be registered under the Registration of Title Law. A registration number will be given to the certificate after registration. The file with the certificate is then sent to the land use and allocation directorate for collection.

7.    COLLECTION OF THE CERTIFICATE
The final stage in the processing of the application for certificate of occupancy is the collection of the certificate. The certificate should be released to the person whose photograph appears on the certificate for security reasons.

2.2.2      APPLICATION FOR STATE LAND
The prospective applicant for state land will be required to purchase the application form at a prescribed fee. The amount varies depending on the scheme. The applicant is expected to fully fill the form and submit with the following documents.

(1)                Receipt of Payment
(2)                Recent passport photograph
(3)                Tax clearance certificate
(4)                Development levy

In case of a company, the following documents are required.
(i)          Certificate of Incorporation (photocopy)
(ii)        Tax clearance certificate of two directors.

The form is to be submitted to the Land Services Department, (the Land Use and Allocation Committee) whose duty is to advise the Governor to allocate or not to allocate the land to the applicant. Where the application succeeds, letter of allocation will be issued accordingly. The letter of allocation usually states the amount to be paid as land charges, development levy etc on such allocation. After payment, a certificate of occupancy is prepared in favour of the applicant.

2.2.3      GOVERNOR’S CONSENT TO ASSIGNMENTS
The Land Use Act of 1978 requires every holder of a right of occupancy whether actual or derived grant to obtain the consent of the Governor before alienation. This means that when a land holder transfers his interest in land to another person without the consent of the Governor, the title as transferred could be useless as it cannot be used to secure loan neither can such land be developed with loan capital. In fact any further dealing with such land or title is voidable. I therefore consider it proper to recount the procedure for obtaining Governor’s consent.


I      APPLICATION FOR GOVERNOR’S CONSENT TOA DEED
The application for Governor’s consent is done by purchase of application form at a prescribed amount from the department of Lands. The duly filled application form is to be accompanied with the following
(i)          Certified true copy of the Assignor’s title documents
(ii)        Tax clearance of both parties
(iii)      Passport photograph of both parties to the assignment
(iv)      Development levy (if applicable)
(v)        10% of the consideration as consent fee
(vi)      Copies of the deed of assignment
(vii)    External Valuation report
(viii)  Ground rent
(ix)     Survey plan of the site
(x)       Photograph of the site

In Oyo state the consent fee as well as other charges is based on the internally assessed value of the subject property by the Land officer as against the external valuation report submitted by the applicant.

It is worthy to note here that the Lagos state government came up with flat rate, for different locations, to be used in assessing the value consideration of the transaction instead of the price reflected in the deed and instead of the valuation of the property (just to eliminate fraud). Again, payment of land use charge introduced by Lagos state will suffice for tenement rate or neighborhood improvement charges requirement in Lagos as these charges are included in the ‘one stop payment’ land use charge.

Upon submission of all the relevant documents to the Directorate of Land Services office, a file is opened and assigned to an officer for necessary actions.

II     CHARTING
The charting of the plan is usually to ascertain the status of the property. The file will be sent to the Survey Directorate to confirm whether the subject land/property is within government acquisition or not. For free land, the file is sent to Lands for further actions.

III   SITE INSPECTION
Once the property is free, the designated officer then conduct a joint site inspection with the agent or solicitor handling the consent. The officer writes a report wherein the value of the property is stated and forwards the report to the Director who will approve or reject the report. Where the report is approved, the applicant will be informed of the balance of consent fee to be paid (if any).

IV   CAPITAL GAIN TAX
On full payment of consent fee, the file is sent to the office of the Permanent Secretary of Lands for transmission to Ministry of Finance for assessment and payment of Capital Gain Tax (5%) of the assessed value.

V     FINAL ENDORSEMENT
As soon as the capital gain tax is paid, the file is sent to the Attorney General’s chambers for final endorsement on behalf of the Governor. Thereafter, the document will go for stamp duty and registration before it is forwarded to Land department for collection.

2.2.4      RATIFICATION
This is a process where someone who has unknowingly bought a piece of land that falls within the government acquired land (under acquisition) seeks governor’s consent and recognition of the landholder. If the government is not really in need of the land and decided to release it, the holding will be ratified and the consent of the governor will be granted to the applicant. The procedure normally follows application for governor’s consent.