Why Does The Government Demolish Buildings?
We discuss the scenarios and how to protect yourself
Why does the government demolish people’s houses?
It is a lifelong dream of many people to own their houses- to buy a piece of land, erect a building that they may move in with their families or perhaps rent out .
Imagine if years after achieving this goal, one is suddenly confronted with a notice to vacate his building because it has been marked for demolition by the government.
This has been the fate of several Nigerians who have lost their homes and belongings to demolition in recent times.
Just recently in Lagos State, the Government demolished some houses in Lekki, and communicated plans to demolish some in Festac. In Abuja, abut 500 buildings have reportedly been marked for demolition.
Have you ever wondered why the Government demolishes these buildingswhat causes these demolitions? Can they be avoided? Is there any remedy for a victim of wrongful demolition under Nigerian Law?
Let’s take a look at what the law says.
Reasons for demolition of buildings in Nigeria
In Lagos state, the ministry of environment and water resources is the authority that enforces demolition of buildings. In the FCT, it is the Federal Capital Development Authority (FCDA).
These government bodies may demolish properties for any of the following reasons:
If the property is constructed without the government’s approval:
Owning a piece of land is not enough reason to erect whatever building you deem fit on the land. In Nigeria, you must seek the permission of the government to build on any land through what is called, a building plan approval.
A building plan is a graphical representation of what a building will look like after construction. The government must be aware of what kind of building you wish to construct and its specifications to ensure that it complies with building laws and codes.
In Lagos state, for instance, you must submit your building plan and obtain a Development Permit from the Lagos State Physical Planning and Development Authority (LASPPDA), a parastatal under the Ministry of Physical Planning and Urban Development.
If the property is distressed
Linked to the issue of obtaining proper government approval is the issue of negligent construction leading to distressed and structurally unsound buildings. It is the responsibility of the Government to ensure that the buildings being constructed are being done properly. It is not enough that an approval has been obtained for the development, the developer has the obligation to ensure that the right materials are being used – and not substandard materials. We have unfortunately seen a lot of issues of building collapse – one of the most high profile being the Ikoyi building collapse in 2021. Therefore, the Government has been proactive in some cases to ensure these sorts of issues do not re-occur. Just recently the Lagos State Government announced plans to demolish distressed buildings in Ebute Metta.
If the property is constructed on land that is under government acquisition:
There are some lands that are marked out by the government to be used for state development projects such as construction of roads or public buildings.
If you fail to conduct due diligence, you may purchase a land that has been reserved by the government, thereby eventually losing the land and ultimately, any property erected on the land.
If the property is acquired by the government:
The Nigerian Government reserves the right under the Constitution (section 44) to acquire properties belonging to citizens, to be used for development projects that are aimed at catering for the welfare of the general public.
In doing this, the government is required by law to pay compensation to the individuals whose land they acquire.
How can you protect yourself?
When engaging in real estate transactions, you must diligently conduct all necessary searches to confirm the title of the person from whom you are purchasing the property, and to confirm the validity of any title document or approval that is shown to you. Our article here explains the steps to take to protect yourself when buying property in Nigeria.
If you are constructing a building on your land, ensure that you obtain the necessary permits to do so and seek the expert opinions of qualified real estate consultants or your lawyer.
Can you take legal action if your property is demolished?
There is a popular legal maxim that says, “equity aids the vigilant and not the indolent.”
If a person’s house is demolished by the government as a result of his failure to follow due process in acquiring the land or constructing a building, he may not have any recourse in law; Provided that he was not deceived into purchasing the property despite having done reasonable due diligence on his part.
In addition, the law requires the government to issue a notice informing occupants of a building that the said building has been marked for demolition. This notice must also have been issued within reasonable time.
Where the government fails to issue a notice before embarking on demolition, the aggrieved residents can sue and they may be entitled to damages.
More so, where the government acquires properties belonging to citizens in exercise of their right to do so, without issuing compensations as required by law, the citizens can rightfully commence an action against the government for the same.
Responsibility of consultants
Under the law, experts such as lawyers and real estate consultants, have a legal duty to give accurate and reliable information to their clients.
Where an expert gives false information to his client perhaps due to negligence or intentional misrepresentation, and the client acts on such information in acquiring a land or constructing a building, the client can bring an action for the loss of his property against the expert who wrongly advised him.
Culled from LawPadi
