Examining Tortious Liability for Defective Buildings and Property Developer Obligations in Abuja

Defective building construction causing structural collapse, water ingress, and habitability failures has generated a growing volume of tortious liability claims against property developers in Abuja, Nigeria's capital and one of the fastest-growing real estate markets in Africa. This study examines the tortious liability of property developers for defective buildings in Abuja, evaluating negligence principles, the Defective Premises doctrine, and relevant statutory obligations under the Abuja Metropolitan Management Council Building Regulations. Using a practitioner-focused research design, the study analyses 25 building defect liability cases decided in the High Court of the Federal Capital Territory between 2019 and 2024, supplemented by interviews with 20 construction lawyers, 15 structural engineers, and 10 property purchasers. Findings reveal that establishing negligence against developers is complicated by the need to identify the party responsible for specific defects in multi-contractor building projects, and that limitation periods frequently expire before purchasers discover latent structural problems. The study further examines how inadequate building inspection regimes by the FCT Department of Development Control facilitate the completion of defective structures. Recommendations include the enactment of a Defective Premises Act for Abuja, mandatory structural warranties by developers, latent defect insurance requirements, and enhanced building control enforcement with joint and several liability provisions for the development team. Keywords: defective buildings, tortious liability, property developers, Abuja, negligence