Building Collapse: Is Nigeria Enacting Adequate Laws or Failing to Implement Them?

As buildings continue to crumble across Nigeria, experts have once again raised human factors; non-compliance with building codes, use of counterfeit, defective and substandard materials, negligence as well as incompetence and corruption as factors responsible for the high rate of collapses. YEJIDE GBENGA-OGUNDARE reports that professionals have called for close monitoring of compliance with building regulations, laws and codes across the country, especially in Lagos State.

The Nigerian real estate sector is currently one of the fastest growing sectors despite the country's unfavorable economic situation. Indeed, the industry had been growing by leaps and bounds since 2020. It has helped many investors to diversify and build their portfolios in line with the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which guarantees the right to own property.

But as dynamic as the sector is, growth is being marred by the challenge of building collapses. Although the challenge of building collapses is not unique to Nigeria, the frequency and circumstances of each collapse continue to underscore the evident void in regulatory issues and the implementation of the legal framework as experts to conjure up certain factors such as incompetence and corruption, disregard for building codes, use of counterfeit and substandard building materials and negligence as reasons for regular building collapses in Nigeria.

Indeed, the constant slumps continue to bring to the fore of discussions, the fact that there continue to be unresolved issues plaguing the building construction section of the property sector in Nigeria. Indeed, experts have questioned the effectiveness and adequacy of the measures put in place to protect the lives and property of citizens, especially in Lagos State where it appears that building collapses are becoming commonplace. .

And as buildings continue to fall like a deck of cards, the question of whether Nigeria is behind in enacting adequate laws to regulate the operations of the construction sector or whether the rules are adequate but not are not properly implemented due to a violation of the implementation still remains outstanding. for answer.

Are there building regulations in Nigeria?

There are many regulations governing the construction of buildings in Nigeria, especially in Lagos State. At the national level, there is the National Building Code 2006 which was initiated by the National Housing and Urban Development Council as a way to end the growing trend of constant building collapses, but it has been argued that the Code is deprecated as it is only applicable in states.

There is also the Lagos State Building Regulatory and Permitting Process which is put in place to implement standard practices to ensure a high level of regulatory compliance with building code requirements. planning and construction and improve the outcome of industry practitioners' interactions with regulators in the permitting process.

Also in Lagos, there is the Urban and Regional Planning and Development Act 2010, which was established to provide administration of physical planning, urban development, urban regeneration, building control and other related purposes. It also established relevant physical planning and development agencies that would play a crucial role in enforcing the provisions of the Act, such as the Lagos State Physical Planning Permit Authority (LASPPPA), the 'Lagos State Urban Renewal Agency (LASURA) and the Lagos State Building Control Agency. (LASBCA).

Lagos also has the law on construction control and the certification process of the stages, the law on the quality control laboratory of building materials and civil engineering (construction), the orders for the approval of Model Town Plans, Operational Development Plans, Operational Approval Bylaws on Approved Development Plans, Lagos State Physical Permits Regulations 2019, Buildings Control Agency Regulations 2019 Lagos State, Environmental Impact Assessment Act 1992 and Sections 64(1) and 65(1) Insurance Act.

Provisions for defective structures

The law provides for measures to be taken when a structure is found to be defective. According to the guidelines, where a structure has been found to be defective and unsafe for the public, the Building Control Agency must exercise its powers to serve the owner with a demolition notice which must contain a date no later than 21 days after which the 'Building Control Agency must take action to begin demolition of the faulty structure when the time limit expires. In addition, the law requires the owner of the structure to pay the state government the cost of demolition and failure to pay the cost of demolition will result in the property being forfeited by such persons to the state government. State.

How effective are multiple laws?

Professionals have argued that, while not perfect, the existence of myriad constructions...