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LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA CHAPTER ONE 1.0 INTRODUCTION Buildings are structures, which serve as shelters for man, his properties and activities. They must be properly planned, designed and erected to obtain desired satisfaction from the environment. A house has been said severally to be important to man and is the third in his hierarchy of needs, that is, after food and clothing (Windapo 2006) as it plays a major role in the development of any nation. Today, the incidences of Structural Failure have become major issues of concern in development of the nation as the frequencies of their occurrence and the magnitude of the losses both in terms of lives and properties are becoming alarming. The need for legal redress for losses sustained through building collapse in Nigeria, precisely Lagos as study area. According to Windapo (2006) “frequent types of buildings that collapse are residential buildings which are either on two, three or four floors.” According to Dada (2002) “Structural Failure has become recurring decimal, a worrisome menace nightmare and an enduring embarrassment”. The horrifying scene of structural failure is no longer news – breaker this time around. Really, incidents of collapsed buildings, collapsed bridges or collapsed structures of various types are not peculiar to Nigeria alone. But the current situation is becoming more rampant and embarrassing, most especially as it relates to Lagos State. Structural failure is the inability of a building to carry out its structural duties. This may be in form of loosening, twisting, buckling, cracking, distortion or shearing of structural members or elements of a building. For instance, last year, along international Airport Road in Ajao Estate a building that was still undergoing construction collapsed and killed seven people. The factors to be observed in building construction include durability, adequate stability to prevent its failure or discomfort to the users, resistance to weather, fire outbreak and other forms of accidents. The styles of building construction are constantly changing with introduction of new materials and techniques of construction. Consequently, the work involved in the design and construction stages of buildings are largely that of selecting materials, components and structures that will meet the expected building 1.1 AIMS AND OBJECTIVES. The aim of this research is to examine the role of professionals and legal redress in losses sustained through building collapse, and factors responsible for effects of building collapse in Lagos State, and as well aim to recommending remedies to cases of collapse structures. The Objectives of the study are to: i. identify common types of building collapse in Lagos State Nigeria; ii. Investigate into major causes, factors responsible for and the possible effect of building collapse in Lagos State ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 1 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA iii. The role of Government and professionals in losses for sustained through building collapse in Nigeria iv. Recommend ways of reducing building collapse in Lagos State. Also to make it as a law for builder, developer, and others construction companies. Starting with a model of a perfect ‘rule of law’ system. 1.2 JUSTIFICATION OF STUDY Factors affecting building collapse in Lagos have been a major concern in Nigeria as it threats human lives and properties in the state because of the high rate of building collapse at close intervals (e.g. the collapse of the bank of the industries, Broad Street Lagos on the 23rd March 2006 & the block of five flats at no 50 Bola Street Ebute-metta Lagos on the 18th July 2006) and rate of building construction with substandard materials kept increasing. People erect buildings without considering some factors and codes which are necessary to be put into place before embarking on any development and these calls for a reason to emphasize on the legal action to put an end to those disasters. One of the reasons for this study is to intimate the government by given them power to enforce law and safe guard the lives and properties of the citizenry that lives in housing general and life of the buildings by ensuring strict enforcement of housing and safety policies. It is also meant to enlighten developers on the needs for them to involve professionals in construction in order to avoid structural failure and collapse of buildings. 1.3 LAGOS STATE AS A STUDY AREA Lagos lies on latitude 6.270N and longitude 3.280E. Its metropolitan district occupies the Lagos Island and part of the mainland. It is a small state with a population of over 9 million (National Population Commission, 2007) on a land area of 3,577sqkm making it the sixth populous in the world and the second largest city in Nigeria and one of the most populous cities in Africa. Being the industrial as well as commercial centre of the country the city has a high population density and abundant economic opportunities, which in turn has lead to over utilization of available utilities and resources. The increasing rate of urbanisation has resulted in pressure on land use and it has also resulted to the development of many high rise buildings examples of which include NET building, 1004 buildings at Ikoyi in Lagos, and so on. 1.4 LEGAL REDRESS: Structures of inequality affect both the creation of justice sector institutions and the context within which they operate; they are embedded in the rules, practice and norms that perpetuate these institutions. Legal and regulatory institutions, in turn, affect the distribution of opportunities and the processes by which these opportunities can be leveraged to enhance wellbeing. Within an idealized ‘rule of law’ system, equitable legal and regulatory institutions operate under the building regulatory as safeguards against abuses of state and non-state power while well-functioning regulatory frameworks are crucial for the effective delivery of public services. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 2 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA A ‘rule of law’ system is generally characterized by multiple arms of government - the executive, Legislature and judiciary - with each branch holding the others accountable through differing ‘checks and balances’. The separation of powers principle aims to combat the dangers of investing state power in one person or group. The judicial branch, in particular, exists to protect citizens against the arbitrary or inequitable use of political or economic power. Further, predictable and fair ‘rules of the game’ and secure legal rights are seen as the basis for an effectively functioning society. Arguably, the raison d’être of these institutions is to further the common good by exercising power based on a sound balance between collective and individual interests. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 3 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA CHAPTER TWO 2.0 LITERATURE REVIEW 2.1 INTRODUCTION Building collapse is a familiar occurrence, even to the layman on the street in Nigeria. When part or whole body of the structure has failed and suddenly gave way, the building, as a result of this failure, could not meet the purpose for which it was intended, the building is said to have collapsed. The occurrences of building collapse in the country nowadays, especially in the last five years have reached a very disgraceful and embarrassing level, which are certainly unacceptable. It is as a result of structural failure of the building and according to Windapo (2006), Structural failure is the loss of sustaining capacity or stability of a structure, characterized by a considerable increase in strain without a proportional increase in load. Building collapse may result into a rupture or an essential component of the structure, which increases more rapidly than the increase in imposed load. Building collapse occurs when a building falls down or fall in suddenly, often breaking apart. On a heavy rainy day, may for instance, cause one or two uncompleted buildings, somewhere to cave in, the scores of passers taking cover from the rain under these buildings would fall victim. The lucky ones would be maim for life while the unfortunate ones would die on the spot or later in hospital. 2.2 BUILDING FAILURE Failure is an unacceptable difference between expected and observed performance. A failure can be considered as occurring in a component when that component can no longer be relied upon to fulfil its principal functions. Limited deflection in a floor which causes a certain amount of cracking/distortion in partitions could reasonably be considered as defect but not a failure, whereas excessive deflection resulting in serious damage to partitions, ceilings and floor finishes could be classed as a failure (Roddis, 1993). Those who investigate and report on failures of engineered facilities are in a good position to identify trends leading to structural safety problems and to suggest topics for critical research to militate against this trend (Chapman, 2000). 2.3 CAUSES OF BUILDING COLLAPSE A structure is said to have failed when it reaches limit state. That is the state when it becomes unsuitable for its intended use (Mosley and Bungey, 1990). This could be as a result of excessive deflection, cracking, or other circumstances, which will make it unsuitable. Salau (1996) has attributed building failures to the four basic stages of building life (i.e. planning design, construction and services). Sobotie (1996) added, natural causes to the list. This may however, be described as circumstantial failure since it include causes like vehicular impact and fire incidents, which are not natural. In Lagos State Nigeria, building failures have been attributed to the following causes: design faults (50%), faults on construction site (40%) and product failure (10%) (Oyewande, 1992). Hall (1984) ascribed faulty design, faulty execution of work and use of faulty materials as major causes of structural failures. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 4 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 2.3.1 Planning The planning stage involves considering several design option while bearing in mind the function, which the structure will serve with a view to adopting the most cost effective option. 2.3.2 Design stage Bad design does not mean only errors of computation, but a failure to take into account the loads the structure will be called upon to carry, erroneous theories, reliance on inaccurate data, ignorance of the effects of repeated or impulsive stresses, and improper choice of materials or misunderstanding of their properties. The engineer is responsible for these failures, which are created at the drawing board. Structural design is concerned with transmitting the various forms of load, which a structure will likely be subjected to, during its working life to the foundation. If this objective is achieved, adequate foundation, three factors need to be considered. Foundation failures will be further considered, Bockley (1980), has classified failure due to design as follows: 2.3.3 Construction stage Faulty construction has been the most important cause of structural failure. The engineer is also at fault here, if inspection has been lax. This includes the use of salty sand to make concrete, the substitution of inferior steel for that specified, bad riveting or even improper tightening torque of nuts, excessive use of the drift pin to make holes line up, bad welds, and other practices well known to the construction worker. 2.3.4 Service stage At the service stage, it ought to be ensured that the structure is not used for such a purpose that will lead to the imposition of load beyond the provision in design. This has been the cause of certain failures. This was the cause of the failure of a building at Idunshagbe street in Lagos Island in 1987 (Salau, 1996). Blockley (1980), also, recognised this as a source of failure and described it as abuse of structure. An aspect widely neglected at the service stage is maintenance. Usage of structures results to certain deterioration like plumbing, electrical and sewage system, which require periodic attention. Apart from these, there are other agencies, which cause deterioration and, consequently buildings require to be given the necessary attention to avoid eventual failure. Such agencies are: 2.4 DISASTERS The major cause of collapse in the world scene is the occurrence of disasters. There are two classes of disasters. These classes are Natural and Man-made disasters. 1. Natural Disasters: Building could collapse as a result of natural disaster-heavy rainfall, volcanic eruption etc. failure could still occur after all concerned the client the consultants, contractors and others, must have taken all precautions (Faworaja, 2004). No building is design to withstand natural disaster such as earthquake, floods, thunder storm, seepage, ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 5 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA hurricane, scour, extremes temperature, biological and chemical effect; one or combination of these forced either manifest in foundation or structural failure, settlement due to the compressibility of the soil could leads to collapse of building. 2. Man-made Disasters: They are those disasters caused by the action of Humans. They include: wars, bomb explosions, plane crashes, vehicular accidents, mining activities, and gas or chemical explosions. When these disasters occur, the effect is like that of natural disasters except that buildings may not be buried into the ground, but they may be totally grounded. 2.5 LEGAL REDRESS BY: CHAIRMAN OF LAGOS STATE CHAPTER OF THE NIGERIAN INSTITUTE OF BUILDING (NIOB), MR. KUNLE AWOBODU Lagos — Just on Sunday, June 28, Lagosians woke up with yet another incidence of building collapse that led to the death of more than 12 people with many others sustaining varying degrees of injuries. This time it was a two-storey building that was formerly a warehouse but converted to residential building and situated in Iddo in Ebute-Meta, Lagos Mainland Local Government Area. The over 40-year old building located at Iddo terminal compound of the Nigerian Railway Corporation, was reduced to rubble after a downpour that started on Saturday night and lasted till Sunday morning. Chairman of Lagos State chapter of The Nigerian Institute of Building (NIOB), Mr. Kunle Awobodu, attributed the collapse to the presence of salt on the concrete work which had left it brittle while the iron rods had all rusted. These, according to him, were the evidence of salinity that had remained a problem in the area due to its closeness to the lagoon, adding that salt corrodes materials. Lagos State Government on Monday laid the blame at the doorstep of the Federal Government. Lagos Commissioner for Physical, Urban Planning and Development, Mr. Francisco Abosede alerted that there are still more of such weak structured buildings whose bomb is waiting to explode in the near future. He predicted that unless the Federal Government allows state to carry out its duty, there may be other collapses involving Federal Government owned buildings in parts of the state. "I want to call on the Federal Government to allow us carry out our duty on its properties in the state to avert future occurrences. It's the fault of the Federal Government. They did not allow us enforce the law to monitor the property. There are many of such properties of the Federal Government in Lagos State," he was quoted as saying. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 6 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA According to him; 'If the Federal Government had allowed us to enforce the law, we would have carried out an integrity test on the building and we would have discovered its status and pulled it down before this incident'. The question that is begging for answers is whether Lagos State Government has concluded routine tests on all other buildings in the state except FG buildings. This is because sometimes ago, Abosede announced that his Ministry had identified distressed buildings in Lagos Island Local Government Area where 617 buildings have been recommended for renovation, 346 recommended for test and 13 recommended for removal. He continued that in Ajeromi-Ifelodun Local Government Area, 320 buildings have been recommended for renovation, 233 recommended for test and 103 recommended for removal while in Somolu and Kosofe, 214 houses have been recommended for renovation and 77 recommended for removal. The prayer of everyone is that the state government takes immediate action in ensuring that those houses for renovation really undergo the necessary renovations and most importantly that those earmarked for total removal are done away with in the interest of society. It is also hoped that in the case of those houses marked for demolition, occupiers have been evacuated and not sitting akimbo in ignorance until the unexpected happens. Good enough, the Lagos State Government revealed its intention to create a Building Control Authority in its bid to eradicate incidence of building collapse and regulate quality of buildings erected in the state. According to Abosede the bill for the establishment of the authority was before the State House of Assembly even as he added that it would partner with such bodies as the Standard Organisation of Nigeria (SON) to vet the kind of building materials to be used. During that time, state government had set up a technical committee for the state-owned Material Testing Laboratory charged with the responsibility of uniform tests on buildings and civil engineering materials in line with the Standard Organisation of Nigeria (SON) policy; issue certificate for tests carried out as well as perform analysis on samples submitted. Many people are blaming officials of the state government for the unfortunate loss of lives and injuries sustained resulting from building collapses in the state for inefficiency and apparent bending of the rules to satisfy their personal motives ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 7 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 2.5.1 REDRESS FROM FEDERAL GOVERMENT FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 1. Council for Regulation of Engineering in Nigeria COREN, the Nigeria Institute of Builders NIOBS, the Nigerian Institute of Architects NIA, the Planning Authorities etc. and the Government should jointly work together. 2. Demolition exercise should be carried out on the buildings that had gone beyond repairs and where possible, they should rehabilitate the ones that need rehabilitation. 3. Quackery and non-professionals should be faced out by professional bodies, Federal, state and local govt. agencies. 4. Mass housing units should be provided by the government and parastatals so as to assist the less privileged. 5. More funds, vehicles, personnel, updated maps and the security of monitoring and enforcement staff should be ensured. 6. The general public should be as well sensitised on the issue and incessant increase of building collapse and to avoid staying in a dilapidated structures. 7. Clients and the general public should as well be sensitised to construct their buildings to standard, consult professionals and avoid substandard materials for the construction of their abodes to avoid collapse building. 2.6 POOR IMPLEMENTAION OF HOUSING POLICIES Ineffective implementation of the building regulation and planning control have not achieved the desired technical, social and economic result, all the building professionals and controlling agencies are waiting to have a collapse before implementation of controls (Yusuf, 2003). Apart from the effect of developmental control functions of some government agencies as felt in very few houses, most houses in our urban and rural areas were built without approved plans or the actual construction has actually deviated away from the approved plan. While buildings in developed countries retain their structural stability for many centuries, this is not the case for many buildings in Nigeria that show signs of failure within decades of their construction. Proper implementation and enforcement of housing policies will require that only plans that are certified to be structurally stable be approved. It will also require that inspections be carried out to see to it that deviations from what was approved are not made, but that approved plans are followed to the details. Proper enforcement of housing policies still goes further to regulate the condition of buildings in the society. Inspections are carried out to note the condition of the already existing structures on regular basis. Recommendations that expose structures that are on the way to failure are made. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 8 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 2.8 UNPROFFESSIONAL CONDUCT This is the national cankerworm of the ‘egunje syndrome’ which has permeated the total national fabric and involves improper demands made on contractors’ payments by the CR’s merely to certify quality test results (even when they satisfy specifications), payment certificates, additional works obtain payments, etc. Such unprofessional conduct inevitably force increases in the cost of contractors’ production which he must recover, somehow, to stay in business. 2.9 EFFECTS OF BUILDING COLLAPSE IN LAGOS STATE Failure is an unacceptable difference between expected and observed performance. A failure can be considered as occurring in a component when that component can no longer be relied upon to fulfil its principal functions. (1) ABRUPT LOSS OF LIVES AND PROPERTY: when a building suddenly caves in is no doubt very serious because it is always accompanied to unpreventable loss of innocent lives and their properties as well e.g. the last occurrence of building collapse in Ojerinde Lagos State accounted for 9 losses of lives and property running into millions of Naira was destroyed. (2) CASUALTY: The bitter lamentations at the scene were quite touching and thoughtprovoking but these have been the tradition for years now because there has been n record of a building that collapse in Lagos state that has not resulted to serious injuries. Other effects of building collapse are; Homelessness and, insecurity to affected persons, theft at scenes 2.10 SUPERVISION/INSPECTION (ENFORCEMENT ON SITE) though supervision can only be carried out by the Builder whiles the architect or engineer engage in the inspection of the work. Supervision involves the intricate knowledge of workmanship and materials while inspection is only to ensure adherence to contract documents especially the drawings. According to ADEBAYO Aqua group stipulates that the object of supervision is primarily to ensure that employers requirements as expressed in the contract documents are correctly interpreted and the problems which are bound to arise are satisfactorily resolve. Averting building collapse depends largely on effective supervision of work.. 2.11 PROTECTIVE MEASURES AGAINST BUILDING COLLAPSE These are measures taken to avoid the development of failure in any residential building structure. These measures will help make residential building structures continue to remain in their structurally stable state; the following measure will have to be taken: 1. Underground Moisture Management 2. Protection Against Biological Attacks ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 9 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 3. Regular Maintenance 2.12.1 REGULAR MAINTENANCE The universe is dynamic and so is everything in it including our earth and the things in it. Some sets of universal laws are the guiding principles that will not allow the dynamism of the universe to get out of hand. Some natural laws keep our ever-dynamic earth not to digress from its orbit. An example of such law is the gravitational pull. Apart from that the earth regenerates and recycles its components as a natural means of maintaining itself. 2.12.2 REMEDIES TO BUILDING COLLAPSE When a building has already shown a feature or some features of structural failure, what remedy can be offered to correct such anomalies? Any measure taken to redeem such situation is termed corrective measures or remedies to structural failure. These measures will be discussed below under 3 different headings: 1. The Role of Federal Government 2. The Role of Building Regulatory Authority 3. Remedies to Cracks. 4. Remedies to Foundation Settlement 2.12.3 THE ROLE OF BUILDING REGULARTORY AUTHORITY Building regulatory authorities have the role of carrying out a vocation exercise of the Structural stability of houses in their areas of authority with a view to advising on the possible rectification where possible, while those beyond repairs should be demolished before causing more havoc to the society. Owners of buildings that are not structurally stable should be served notices that would make them know the structural stability of their building and what measures to be taken within a specified period. When such buildings are slated for demolition, arrangements should be made without delay to evacuate all occupants and demolition should follow. Monitoring of the situation of residential buildings should be carried out regularly and punishments or fines should be meted on building owners of structures that were found wanting. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 10 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA CHARPTER THREE 3.0 OCCURRENCE OF BUILDING COLLAPSE IN LAGOS. 3.1 CASE STUDY ONE Building Type: Bank of Industries. Location: Broad street, Lagos. Date of Collapse: Thursday, 23 March 2006, 12:03 GMT Casualty: No casualty due to precautions. Causes of Collapse: - Combination of fire out-breaks in some floors and thunder storm which is a natural disaster. There is also a continuous leakage from a water tank placed on the buildings which weaken the structural stability of the building materials used for the construction of the top-most floors. Plate 1 showing Partial collapse of the Building Plate 3 showing Partial collapse of the Building Plate 2 showing surrounding structures Plate 4 showing surrounding structures ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 11 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 3.2 CASE STUDY TWO Building Type :- A four storey building Location:- No. 42 Ojerinde Street, Idi-Araba. Lagos Date of Collapse:- 25th March, 2009. Casualty:- 9 dead, several others injured Plate 5 showing Total collapse of a building Plate 6 showing collapse structures (Source: Researcher’s fieldwork) ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 12 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 3.3 CASE STUDY THREE Building Type: - Two storey building Location: - Fasasi Street, Ajegunle- Apapa Lagos. Date of Collapse:- 22nd May, 2009. Casualty:- no death recorded, residents injured and hospitalised.Causes of Collapse:- Plate 7 showing collapse structure Plate 9 showing low quality of its iron bars Plate 8 showing low quality of its iron bars Plate 10 the total collapse of the building (Source: Researcher’s fieldwork) ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 13 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA CHAPTER FOUR 4.1 SUMMARY OF FINDINGS This research has posited that various factors responsible for the incessant causes of building collapse in Lagos state to be the use of substandard materials in the construction industry coupled with the activities of quacks have inexorably contributed to the incidence of building collapse. The legal have not being properly follow and federal government are not enforcing law on losses for sustained through building collapse. Age of most buildings in Lagos Island and mainland coupled with the issue of lack of sub-soil investigation equipment to determine the soil carrying capacity before erection of storey building has in no measure contributed to the continuous incidence of building collapse in the state. 4.2 CONCLUSION AND RECOMMENDATION 4.3.1 CONCLUSION Building development in all its ramification is more than shelter. It entails processes evolve in stages. The stages involved include; the planning, designing, costing, and execution of the project by professional in accordance with the legal provision, bye-laws, standards and specifications. The urban space system is noted for its juxtaposition with urban development and activities. In Lagos and in major urban cities in Nigeria, it is not uncommon to the find decay and dilapidation in physical development (buildings). This trend extends not only to residential building but to other land uses. The level of decay and dilapidation is traceable to poor planning, faulty designs, poor implementation, ineffective monitoring and enforcement, high level of corruption and little or corruption and little or lack of proper maintenance just to mention but a few. The above scenario has contributed in no small measure to the continued incidence of incessant building collapse being witnessed not only in Lagos but across the country (Abuja, Ibadan, and Port Harcourt e.t.c). A situation where buildings are erected without the involvement of profient professionals, and without recourse to the enabling laws, and the inability of the control department which is empowered to control the design and construction of buildings, alteration, repair, quality of building materials, use and occupancy and other related factors of building within their jurisdiction, in which they are supposed to ensure functionality, compatibility, sanitation and public health, welfare, safety and aesthetics spells doom for the built environment. In conclusion, from the foregoing it is clear that building failure occur as a result of the following: Lack of proper planning, Lack of proper design, and Lack of proper construction procedures and observance of the necessary quality control measures required for construction works. And it is only the provision of quality physical development closely monitored from reliability and effectively from the design stage through implementation using the appropriate proficient professional would provide good live ability, adequate safety as well as reduce the eventual maintenance cost, dilapidation, distress and eventual collapse. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 14 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA This research has sheds more light on the types, causes, factors responsible for the causes and remedies to structural failures. The research has shown that crack, buckling, deformation, sagging, settlement, soft storey, deterioration, bending are all features of structural failures that can climax into a partial or total collapse. 4.3.2 RECOMMENDATION From this research work it is my belief that the following will significantly help policy makers in their quest to finding lasting solutions to the menace of building collapse in Lagos state. 1 The development control department should be made of professionals with high degree of integrity who would place ethical standards above other considerations. 2 Builders and developers should be kept abreast of recent developments in the building industry by attending workshops and forum also there is a need for re-certification and re training of stakeholders in building environment. 3 Proper structural design calculations and drawings should be presented to planning offices before approval for construction is given. 4 Planning authorities should ensure a client employs a qualified engineer for the supervision of his project. 5 All sectors of the building and construction industry should limit themselves to their areas of specialization to forestall occurrence of failure. 6 Qualified engineers should be employed by planning authorities to properly check structural calculations and drawings to ensure proper design. 7 Planning authorities should insist on soil investigation where there are doubts as regards the data used for the foundation design of a building. 8 Professional societies in the building industry should produce training programme aimed at integrating young graduates into their various societies and sound professional practice. 9 There should be a compensation for losses of properties and making of provision for them 10 Creating an insurance scheme for the owners of building properties etc. ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 15 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA 5.0 REFERENCES 1 Aigbokhan, M. A (2004). Minimizing the collapse of Building in Lagos, Unpublished HND thesis, Yaba Collapse of Technology, Yaba Lagos. 2 Ajayi (1987). Concern for Collapse of Building in Nigeria” The Naigerian structural engineering. The Nigerian Institute of Structural Engineer June – Vol. 1: 2, 52. 3 Akeju T. A. (1984). Lesson from recent structural failure: The Nigeria Society of Engineer, Volumes 9 (2) April – June. 4 Amusa E. J. (1991). Guide to Building Regulation 1976, London Architectural Press Limited. 5 Ajayi, L. A. (1988) Concern for Collapse of Buildings in Nigeria. Journal of the Nigerian Institute of Engineers. Vol. 1, No. 2 pp. 52. Amusan, J. 0. (1992) Strategies for Enhancing Local Governments Roles in Minimising the Collapse of Buildings. ln Effective Contract Management in the Construction Industry. pp. 188-200. 6 Adebayo S.O (2000): “Improving Building Techniques” 7 Akeju. TA. (1984): Lessons From Some Recent Structural Failures. Journal of the Nigerian Society of Engineers, Vol. 9, No. 2, pp. 81-84. 8 Bamidele E. 0 (2000): An assessment of the collapse of Building Structures in Nigeria (A case study of Lagos State) Unpublished PGD Thesis submitted to the Department of Quantity Surveying, Federal University of Technology Akure. BLIOGRAPHY 9 Akintola D. (2005). The construction policy. The Environmental and construction works. Daily Times Newspaper Publishing, July 24, 1991. 10 Akindoyemi A. (2006). Traffic warden on the Building site or policy issues in the Building industry: matter arising. Paper delivered at NIOB Institute of fellow Ceremony, Abuja. 11 Chudley, R.(1988): Building Construction Handbooks. Reed Educational and Professional. Publishing Ltd., ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Oxford. Page 16 LEGAL REDRESS FOR LOSSES SUSTAINED THROUGH BUILDING COLLAPSE IN NIGERIA ADEREMI ADEBAYO. E ARC-03-1889 & OYEYEMI OLUBUKOLA .F ARC-03-1954 Page 17