BUILDING COLLAPSES IN

LAGOS STATE; AN ANA-

LYSIS OF VARIOUS LAWS
AND A SOLUTIONS TO
THE MENACE

REGULATORY INSIGHTS
A PUBLICATION BY KENNA PARTNERS’ REGULATORY UNIT DECEMBER 2022
 Contents
ABSTRACT 3

1. INTRODUCTION 3

2. REGULATORY AND STATUTORY FRAMEWORK 4

2.1. Lagos State Urban and Regional Planning and Development 4

Law (2010)

2.2. Insurance Act 2003 5

2.3. Lagos State Real Estate Authority Law 2021 5

3. RECOMMENDATIONS 7

4. CONCLUSION 7

REGULATORY INSIGHTS VOLUME 1 ISSUE 5

 REGULATORY INSIGHTS • VOLUME 1 ISSUE 5

BUILDING COLLAPSES IN LAGOS STATE; AN ANA-

LYSIS OF VARIOUS LAWS AND A SOLUTIONS TO
THE MENACE

ABSTRACT
Between the years 1974 to 2019, over 221 buildings collapsed across various Nigerian cities, and a majori-
ty of these building collapses occurred in Lagos state. Building collapses in Nigeria are a continuous prob-
lem that is bizarrely ignored by the populous when considering the devastating outcomes.

Building collapses have been a continuous problem in Nigeria that has spanned several decades1. This ar-
ticle aims to shed light on this issue by providing detailed statistics of building collapses, analyzing the
causes of these building collapses and evaluating how the issue of building collapses is being handled thr-
ough legal regulations. This article analyses the relevant regulations in relation to building collapses and
provides practical recommendations like implementing a National Building code and harsher penalties on
erring professionals responsible for building collapses through their negligible acts. Lastly, the article con-
cludes with the writer commending the legal mechanism incorporated under various laws that tackle buil-
ding collapses. The writer also suggested necessary amendments to the various laws and solicited for im-
proved implementation of the laws by the relevant government bodies.

1. INTRODUCTION
Building collapses are extremely tragic incidents that lead to unparalleled levels of destruction and, on ma-
ny occasions, loss of life, properties, and numerous resources. Unbeknownst to many, building collapses
have been a very common occurrence in Nigeria and Lagos State.

Nigeria is ranked number one in Africa's frequency, and intensity of building collapses index.2 From the ye-
ars 1974 to 2019, according to data gathered from different government agencies, there have been over
221 instances of building collapses across the country and most of these collapses occurred in the financi-
al hub of Lagos state.3 Between 2000 and 2021, there were about 167 reported cases in Lagos State. The
breakdown of the collapses within this 21-year period is 78.4% residential buildings, 12.8% commercial
buildings, and 8.8% institutional buildings.4 These collapses have displaced over 6,000 households, with
an estimated loss of about $3.2 trillion worth of property.5

’’Building collapses are extremely tragic inci-

1 O. Okunola “Quantifying Frequent Building Collapse and Disaster Risk Reduction in Nigeria” Publish-
ed on Brookings Blog on April 6, 2022. Available at < https://www.brookings.edu/blog/africa-in-focus dents that lead to unparalleled levels of des-
/2022/04/06/quantifying-frequent-building-collapse-and-disaster-risk-reduction-in-nigeria/>Accessed
truction and, on many occasions, loss of life,
on May 25, 2022.
2 Boateng, F. (2020), Building Collapse in Cities in Ghana: A Case for A Historical-Institutional Groundi- properties, and numerous resources. ’’
ng for Building Risks In Developing Countries. International Journal of Disaster Risk Reduction, Volu-
me 50. Available at: https://www.sciencedirect.com/science/article/abs/pii/S221242092031414X Acc-
essed on May 26, 2022.
3 O. Okunola “Quantifying Frequent Building Collapse and Disaster Risk Reduction in Nigeria” Publish-
ed on Brookings Blog on April 6, 2022. Available at < https://www.brookings.edu/blog/africa-in-focus/
2022/04/06/quantifying-frequent-building-collapse-and-disaster-risk-reduction-in-nigeria/>Accessed on
May 25, 2022.

www.kennapartners.com
3
 REGULATORY INSIGHTS • VOLUME 1 ISSUE 5

These collapses have also resulted in the loss of numerous lives. Between
2005 and 2016, there have been reports of about 115 building collapses in Lag-
os state, which has resulted in the displacement of about 4,000 families.6 One
of the more notorious incidents occurred on September 12, 2014, when over a
hundred lives were lost as a six-storey building collapsed. According to reports,
the building was initially a two-storey building which was converted to a six-sto-
rey building without the relevant government approval.7

There are some known causes of building collapses, such as the aging and cor-
roding of building parts, natural disasters, and material fatigue, however, human
error accounts for the majority of documented building collapse cases in Nige-
ria.8 Some of these causes include:

Erring Building Professionals

Lack of Maintenance Culture in Nigeria

Use of Substandard Materials

2. REGULATORY AND STATUTORY FRAMEWORK

Notwithstanding the alarming rate of building collapses in Nigeria, it may come
as a surprise that there are numerous laws and regulations set in place to ensu-
re the proper structural integrity and management of buildings in Nigeria. Below
is a succinct overview of the respective laws on building collapse in Nigeria.

2.1. Lagos State Urban and Regional Planning and

Development Law (2010)
Section 1 of Lagos State Urban and Regional Planning Development Law (“the
Law”) establishes the Ministry of Physical Planning and Urban Development
(“the Ministry"). Section 1 of the Law also saddles the Ministry with the respo-
nsibility of the physical planning, urban development, urban regeneration, and
all building control policies of the State.9 Section 27 of the Law provides that a
developer of a building above two floors must insure their liability in respect of
construction risks and submit a certified true copy (C.T.C.) of such Insurance
Policy Certificate with their application for a planning permit.10 Notably, Section
74 of the Law provides that if there is a collapse of any property due to the ne-
gligence of the owner or developer, the property shall be forfeited to the state
government after an investigation is carried out or if there is a publication in the
’’Between 2005 and 2016, there
state official gazette.11 The law in Section 75 also states that there shall be a
have been reports of about 115
fine of Two Hundred and Fifty Thousand Naira (N250,000.00) or One (1) month
building collapses in Lagos
of Community Service or both for anyone that contravenes the provisions of
state, which has resulted in the
this Law.12
displacement of about 4,000
On closer analysis, the Law clearly made some practical provisions that should families.’’
be useful in combating building collapses such as the requirement for the issu-
ance of building permits before the erection of structures in Lagos and the req-
uirement for the insurance of the developer's liability when constructing a buil-
ding above two floors is particularly useful in combating clear signs of unprofes-

4 Ibid
5 Ibid
6 O. Okunola, 'Building Collapses Are All Too Common In Lagos. Here's Why' (The Conversation, 2022) Published on The
Conversation on August 22, 2021 < https://theconversation.com/building-collapses-are-all-too-common-in-lagos-heres-why
-165674 > accessed May 27, 2022.
7 M. Abimboye, 'Synagogue Collapse Inquest: Building Expert Faults Agency’s Report - Published on Premium Times Nige-
ria on March 25, 2015 <https://www.premiumtimesng.com/regional/ssouth-west/179107-synagogue-collapse-inquest-buil
ding-expert-faults-agencys-report.html > accessed May 27, 2022.

www.kennapartners.com
4
 REGULATORY INSIGHTS • VOLUME 1 ISSUE 5

sionalism or mismanagement that lead to collapses. The problem with applying

these provisions is that many individuals try to bypass these laws by acquiring
fake permits and incessantly trying to cut corners. Section 74 of the law also
provides that when the negligence of an owner or property developer leads to a
building collapse the property will be forfeited to the government.
Section 75 of the Law provided that a general penalty for contravening its provi-
sions; whilst this is also commendable, it is important to clearly establish penal-
ties that relate specifically to building collapses and greatly increase the penalty
for those situations to reflect the severity of the negligent behaviour.

2.2. Insurance Act 2003

Section 64 (1) and 65 of the Insurance Act provides that no one shall construct
any building above two floors without the owner insuring their liability in terms
of construction risks caused by the negligence of the construction workers, de-
velopers, or agents which may result in bodily injuries, damage of property, loss
13
of life of any worker or member of the public. The Act also provides that all
public buildings must be insured with a registered insurer against floods, fires,
14
earthquakes, and collapses.

However, Nigerian laws do not make enough provisions for adequate compen-
sation for victims and families of individuals involved in building collapses. The
only relevant regulations are the mandatory insurance coverage of buildings ab-
ove two floors, this insurance coverage would entitle victims and their families
to compensation from the insurance companies in the event of a building colla-
pse.
In the US and other western countries, victims of building collapses and their
families are highly rewarded in the rare instances when a building collapse occ-
urs. In June 2022, a judge ruled and gave a final settlement of over One Billion
United States Dollars for the victims of the collapse of a beachfront condomini-
um building in Florida that killed 98 people. There are also Premises Liability
Laws across US states that ensure adequate compensation for victims of build-
ing collapses in the event that the property owner, architect, or engineer failed
to maintain a safe building with a solid structure.

2.3. Lagos State Real Estate Authority Law 2021

The Lagos State Real Estate Transactions Law (the Law) has provisions that ’’However, Nigerian laws do
deal with the demolition of abandoned buildings and is thus beneficial towards not make enough provisions
curbing the plague of building collapses as abandoned buildings account for a for adequate compensation
substantial number of collapsed buildings in the state. Section 1 of this Law de- for victims and families of
fines an abandoned building as an "Abandoned Building or Structure," which in- individuals involved in build-
cludes an existing unoccupied building in a state of disrepair that is left in such ing collapses.’’
condition for a period of up to five (5) years or a building that is under construc-
tion but on which work has ceased for up to five (5) years.15 The Law provides
that Lagos State Real Estate Regulatory Authority (the Authority) shall compile
a list of all identified abandoned buildings within the State to be forwarded to

8 O. Habeeb Okunola “Quantifying Frequent Building Collapse and Disaster Risk Reduction in Nigeria” Published on Brook-
ings Blog on April 6, 2022. Available at https://www.brookings.edu/blog/africa-in-focus/2022/04/06/quantifying-frequent-
building-collapse-and-disaster-risk-reduction-in-nigeria/. Accessed on May 20, 2022.
9 Lagos State Urban and Regional Planning and Development Law, 2010 Section 1 (1)
10 Lagos State Urban and Regional Planning and Development Law, 2010 Section 27 (2)
11 Lagos State Urban and Regional Planning and Development Law, 2010 Section 74
11 Lagos State Urban and Regional Planning and Development Law, 2010 Section 75 (1)

www.kennapartners.com
5
 REGULATORY INSIGHTS • VOLUME 1 ISSUE 5

the relevant Ministry, Department, and Agency of Government (M.D.A.) for ne-
cessary action.16

The Lagos State Government, over time, has set up different agencies to moni-
tor building development from the design stage through construction to compl-
etion. They include the:

1. Lagos State Physical Planning Permit Authority: This agency was esta-
blished in 1998 to issue planning permits to individuals before they can
erect buildings within the State.

2. Lagos State Building Control Agency was established under the Lagos
State Urban and Regional Planning and Development law in August
2012. The agency was set up to ensure that the basic standards are
upheld and maintained in building construction and renovation of new
and existing buildings to ensure safety, accessibility, and health. In a
bid to combat building collapses, over 100 buildings have been demoli-
shed by the Lagos State Building Control Agency (LASBCA) in the year
2022, the agency has reported that the general reason for these demo-
litions are the distressed state of these buildings, and their efforts are
precautionary measure in order to prevent tragedies from occurring.17

3. Lagos State Material Testing Laboratory, established in 2006, is tasked

with the main objective of testing building materials used for quality
assurance. This agency is significant because one of the causes of buil-
ding collapses is the use of substandard or low-quality materials when
constructing buildings. The main issue with this agency is that there
are no proper documentation of the frequency of the tests and general
18
activities of the agency.
Even with the existence of numerous laws and government agencies which
were set to promote proper building development in the state, there are still
exceedingly high amounts of building collapses that occur in Lagos state. This
clearly highlights a major failure in the implementation of these laws and the
willingness of building developers to disregard these provisions. For example, in
the case of the notorious Ikoyi building collapse that occurred on November 1,
2021, the general manager of Lagos State Building Control Agency stated that
the owners had gotten approval for 15 floors but ended up adding six additional
floors to the original plan.19

On September 3, 2022, a seven-story building under construction collapsed in ’’Even with the existence of
Oniru, Lagos resulting in the confirmed death of two people. Following the tra- numerous laws and governm-
gic event, the state commissioner for Urban Planning and physical development ent agencies which were set
notably stated that the building developer was hostile and knowingly contraven- to promote proper building
ed the law of the Lagos State Urban and Regional Planning, 2019, as amended, development in the state,
and the developer did not get the necessary planning permits and did not have
there are still exceedingly high
the authorization to begin construction on the site. It was further stated that the
amounts of building collapses
building was sealed multiple times to stop the construction from taking place,
that occur in Lagos state’’
but the developer flagrantly ignored these actions and proceeded with the con-
struction that led to the tragic collapse. This is a typical example of how these
clearly established laws are wilfully ignored by developers.20

13 Insurance Act 2003, Section 64

14 Insurance Act 2003, Section 65
15 Lagos State Real Estate Authority Law 2021, Section 1
16 Lagos State Real Estate Authority Law 2021, Section 43
17 “Building Collapses: Lagos demolishes over 100 structures in eight months” Published on Punch.ng on June 27, 2022 <
https://punchng.com/building-collapse-lagos-demolishes-over-100-structures-in-eight-months/> accessed on September
2, 2022.
18 B. Nwannekanma “Beyond LASBCA in tackling Lagos building collapses” Published on Guardian.ng on May 20, 2022 <
https://guardian.ng/opinion/beyond-lasbca-in-tackling-lagos-building-collapses/ > accessed on May 27, 2022.

www.kennapartners.com
6
 REGULATORY INSIGHTS • VOLUME 1 ISSUE 5

3. RECOMMENDATIONS
Harsher Penalties to Erring Professionals

The authors’ first recommendation towards reducing the number of building co-
llapses in Lagos is the implementation of harsher penalties for all erring profes-
sionals involved in building collapses. The roles that the various developers, en-
gineers, and other building professionals play are very key to the existence and
overall structural integrity of the buildings; if these roles are not handled with
the highest regard, it could lead to the loss of property and even worse, the
loss of life. If the punishment for the professionals involved in these collapses
were stricter and synonymous with the damage they caused, these profession-
als would be incentivized to desist from cutting corners and do their work to
the best of their abilities. This sentiment was also shared by the President of
the Nigerian Institute of Quantity Surveyors (NIQS), Mr. Olayemi Shonubi.21

National Building Code

The National Building Code is a document that is essentially set to regulate the
operations of stakeholders and professionals in the building and construction
industry. It can be a guideline for those who operate in the built environment
sector.22 The passing of a National Building Code can regulate and prevent the
use of non-professionals in the building and construction industries, this could
lead to a significant improvement in the reoccurrences of building collapses as
the use of non-professionals is a major contributor to the collapses. The Nation-
al Building Code could also ensure that contractors desist from the use of unte-
sted products and materials as a way of improving the structural integrity of
buildings and preventing unnecessary structural defects.

Overall Improvement of Maintenance Culture

Another recommendation is the overall improvement of the maintenance cultu-

re for all buildings in the State. The writers further suggest that it should be im-
plemented into the various applicable laws that preventative maintenance
works must be performed on all buildings within a period of 10 years, and proof
of adequate maintenance must be shown to the Ministry of Physical Planning
and Urban Development.

4. CONCLUSION
The alarming rate of building collapses in Lagos State and in the country, in ge- ’’Another recommendation is
neral, is a major reoccurring problem that has flown under the radar. Even with the overall improvement of
the presence of adequate laws to curb this issue, collapses continue to occur at
the maintenance culture for
an unprecedented rate. There are some commendable provisions in the laws
all buildings in the State.’’
discussed above, such as the requirement of planning permits before the erec-
tion of buildings within Lagos state, the mandatory insurance certification of
any building above two floors, and the authority to demolish abandoned build-
ings. Still, the relevant agencies must strive for better execution of these laws.
In order to tackle this problem, the writers believe it is necessary to implement
harsher punitive measures for the responsible parties in building collapses, pass

19 Ibid
20 O. Adelagun “Lagos Building Collapse: “Building has been sealed three times” – Commissioner” Published on Premium
timesNG on September 4, 2022. < https://www.premiumtimesng.com/news/top-news/552262-lagos-building-collapse-
building-has-been-sealed-three-times-commissioner.html > accessed on September 6, 2022.
21 'Surveyors Advocate Death Sentence To Curb Building Collapse' Published on NNN on May 24, 2022 < https://nnn.ng/su
rveyors-advocate-death/ > accessed May 30, 2022.
22 D. Jackson, ‘Absence of National Building Code Responsible For Collapse – NIA Helmsman’ Published on Independent.n
g on November 5, 2021 < https://independent.ng/absence-of-national-building-code-responsible-for-collapse-nia-helmsm
an/ > accessed July 5, 2022.

www.kennapartners.com
7
 REGULATORY INSIGHTS • VOLUME 1 ISSUE 5

a National Building Code with the aim of regulating the general operations of the
building and construction industry stakeholders and professionals, and an impr-
ovement of the overall maintenance culture in the country.

www.kennapartners.com
8
 REGULATORY INSIGHTS • VOLUME 1 ISSUE 5

Contributors
REGULATORY UNIT

ONYEMAUCHE IBEZIM RICHARD OBIDEGWU

Senior Associate Associate

www.kennapartners.com
9
Lagos Abuja Enugu
8, Ogunyemi Road 1st Floor 23, Umuawulu Street
Palace Way, Oniru Novare Central Independence Layout
Victoria Island Plot 502, Dalaba Street Enugu, Nigeria
Lagos, Nigeria Wuze Zone 5
Abuja, FCT

+234 811 395 1052, +234 811 395 1053 Kennapartners