THE BILLION-NAIRA QUESTION: WHO IS REALLY LIABLE WHEN A BUILDING COLLAPSES?

In Nigeria, building collapses are too common. They claim lives, ruin families, and devastate properties worth billions of naira. When a building collapses in Nigeria, especially if it is a multi-story building in places like Lagos, Abuja, and other cities, the tragedy is enormous, but one thing is always certain: who pays for this tragedy? Who is liable for the tragedy?

Many people would want to believe that the person who built the building is the one who should be held liable for the tragedy, but the truth is that the liability for the tragedy could be held by more than one person. As lawyers who specialize in property law, construction law, and personal injury cases, we are always involved in the fight for justice in cases of building collapses. Here is the clear picture of who could be liable for the tragedy.

1.⁠ ⁠The Property Owner or Developer

The property owner or the developer, who paid for the construction of the property, is often the one with the greatest responsibility. This is because the property owner often has the greatest responsibility when he or she takes shortcuts to save money during the construction of the property, leading to the use of low-quality products and the violation of safety standards.

Under the laws in places such as Lagos State (Section 74 of the Urban and Regional planning and development law of Lagos state 2010), the property owner or developer found negligent in the construction of the property is likely to lose the property to the government following an investigation. The victim or the family of the deceased is entitled to damages, and the property owner or developer is also likely to face criminal charges for negligence leading to harm or even manslaughter in the event of loss of life.

2.⁠ ⁠The Architect, Engineer, and Other Professionals

These are the experts involved in the design and supervision of the work. They stamp the drawings and the stages of completion. If the design is faulty, or they stamp faulty work, or fail in their duty, they are liable.

They can be punished by professional bodies such as COREN for engineers or ARCON for architects. The victim can also sue in a civil court for negligence. In criminal cases, negligence leading to death can also apply.

3.⁠ ⁠The Contractor and Builders

The company or team that carries out the actual work is the most important. Using inferior quality blocks, inferior quality rods, inferior quality concrete mix, or inferior quality labour leads to collapse. The contractor is responsible for negligence in the building code or safety measures, which can lead to civil or criminal cases against him.

4.⁠ ⁠Government Agencies and Regulators

In some cases, the problem could also be partly caused by the people or agencies that are meant to prevent such tragedies. In this regard, the National Building Code is not always strictly observed, especially since it is not yet strongly backed by law. While it is difficult to sue the government, the victim can apply for a court order to act.

5.⁠ ⁠New Rules on Insurance

One of the most significant changes that will help the victim is the new rule that buildings with more than a certain number of floors are now required to have insurance that covers collapse, injuries, and death (Section 75(1-3) of the Nigerian Insurance Industry Reform Act 2025 (NIIRA),. Those who fail to comply will face a jail sentence or a fine. This way, the victim or the family will have the opportunity to claim even when the owner is not wealthy.

What Can Victims Do?
If you or your loved ones were affected by the building collapse:

1.⁠ ⁠Take immediate action; time limits apply to claims.
2.⁠ ⁠Collect evidence; photos, witness statements, approvals, etc.
3.⁠ ⁠Report the incident to the police and relevant bodies.
4.⁠ ⁠Seek advice from a legal expert with experience in construction disputes and personal injury cases.

Victims of the building collapse can make civil claims for damages, including medical expenses, lost wages, and pain suffered. The Fatal Accidents Law also applies in the event of fatalities, where the family of the victim is entitled to sue. The criminal aspect also provides a sense of justice and serves as a deterrent.

Conclusion

The collapse of a building is never an accident; it is always the consequence of avoidable failures by one or more parties. The law is quite clear: every party involved in a building project owes a duty of care, and the consequences of failing to uphold this duty are dire.
Are you in the real estate business, the construction industry, or involved in infrastructure development in any way? Well, this is the time to secure yourself with the right legal advice to prevent billion-naira liabilities, protracted cases, and irreversible damage to your reputation.
Your projects matter. Your business matters. And your interests matter to the legal team that knows the industry inside out.

Ayokunle J. Erin, Esq.
Associate Partner and Practice Group Lead, Real Estate, Construction & Infrastructure (RCI)