Why Nigerian Government Will Not Compensate You For Your Demolished Property
Property ownership in Nigeria is a valued asset, which represents financial stability and legacy. However, in certain situations, the government may need to demolish buildings to serve broader public interests, such as infrastructure development, urban planning, or public safety. In such cases, property owners are naturally concerned about compensation.
In Nigeria, the government is only legally obligated to compensate property owners if specific conditions are met. Understanding these conditions and the legal framework governing compensation can help property owners protect their rights and prepare for any eventuality around demolished property. In this article, we’ll discuss the reasons why the Nigerian government can only compensate you if your building is demolished, we’ll shed light on the processes, criteria, and what property owners need to know.
1. Legal Ownership and Title Documentation
One of the primary reasons the government may compensate you for a demolished property is if you have legitimate ownership with proper title documentation. In Nigeria, land ownership is governed by the Land Use Act of 1978, which vests all land in each state in the hands of the state governor. If you have a valid Certificate of Occupancy (C of O), Registered Deed of Assignment, or other recognized land titles, you have the legal right to be compensated in the event of demolition.
Without proper documentation, the government is unlikely to recognize your ownership, and compensation claims may be denied. It is crucial for property owners to ensure their titles are valid, up-to-date, and registered with the relevant authorities.
2. Public Interest and Eminent Domain
The government’s power of eminent domain allows it to acquire private land for public purposes, such as road construction, urban renewal projects, or public utilities. In these cases, compensation is mandated under Nigerian law, as long as the acquisition serves public interest and the property owner has valid legal rights.
However, if your building is located on land illegally acquired or encroaches on government land, compensation is not guaranteed. In cases where demolition occurs because the structure violates zoning regulations or is situated on government land without authorization, the property owner may not be entitled to compensation.
3. Compliance with Zoning and Urban Planning Regulations
Zoning and urban planning laws in Nigeria determine how land can be used within different areas, especially in major cities like Lagos, Abuja, and Port Harcourt. If a building is constructed in violation of these regulations—such as being in a designated green area, flood zone, or unauthorized residential/commercial area—the government has the authority to demolish it without compensation.
Property owners must ensure that their buildings comply with all relevant zoning laws and obtain the necessary approvals before construction. Failure to do so could result in demolition without compensation, even if the building is otherwise legally owned.
4. Illegal Structures and Unauthorized Developments
Unauthorized developments, such as buildings constructed without approved building plans, are often at risk of demolition. In Nigeria, before constructing any building, property owners must obtain building plan approvals from the relevant state or local government agencies. These approvals ensure that the construction adheres to safety standards and land use regulations.
If a building is constructed without these approvals, the government considers it an illegal structure. In the event of demolition, compensation is typically not provided. To avoid this, property owners should ensure that their development plans are approved by the appropriate authorities and meet all regulatory requirements.
5. Government Issued Notices and Due Process
Before any demolition is carried out, the Nigerian government is required to follow due process, which includes issuing notices to property owners. These notices often provide a grace period for the property owner to comply with specific requirements, vacate the premises, or present valid documentation.
If the demolition is carried out without notice or if the notice period was inadequate, affected property owners may have grounds to seek compensation through legal channels. However, if the government follows due process and the demolition is justified under public interest or law enforcement, compensation is only provided if the property is legally owned and properly documented.
6. Force Majeure or National Emergency
In certain situations, such as during national emergencies or force majeure events (e.g., natural disasters or security threats), the government may demolish buildings without compensation. These actions are usually justified under the need to protect lives and maintain public safety.
While compensation is typically offered in non-emergency situations, national emergencies may allow the government to bypass some of the usual legal obligations, including compensation. Understanding this exception is important for property owners, particularly those in areas prone to conflict or natural disasters.
Compensation for demolished buildings is contingent upon several factors, primarily centered on legal ownership, compliance with zoning regulations, and the reason for demolition. As a property owner, you must ensure you have proper title documentation, adhere to building regulations, and stay informed about zoning laws to protect their investments.
While the government has the authority to acquire land for public purposes, compensation is generally provided if the property meets all legal and regulatory criteria. For property owners, safeguarding your property rights involves proactive compliance, maintaining updated records, and understanding the legal landscape governing land use in Nigeria.
Ensuring these conditions are met can help mitigate the risks of uncompensated demolitions and preserve the value of your property in the face of government actions.
