1. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
1
UNDERSTANDING THE NATIONAL BUILDING CODE 2006 - THE ARCHITECT’S
RESPONSIBILITY: Text of a Paper presented to NIAPPE candidates at the Digital
Bridge Institute, Abuja on 12th
September 2012, by Arc. J. Toluhi
1.0 INTRODUCTION
A Code is a set of rules, laws or principles of acceptable good practice. Thus the
National Building Code is a publication of rules setting minimum standards on
who designs a building, how it is designed, who carries out the building works
and how, who supervises the building construction and how, what building
can be occupied, when and how, how a building can be maintained, improved,
changed in use, or demolished.
These minimum standards are to ensure good quality in the interest of health
and safety. Health and safety are big issues in today’s world and without
paying attention to them, lives, property and the environment are endangered.
These lives could be anyone’s and they can be lost through disasters that make
news or through accidents or health compromises that are often not reported.
Incidentally the occurrences of accidents or ill health can be in the city or in the
village and the lives affected are of equal value: It therefore follows that the
enforcement of the National Building Code is as important in the village as in
the city. One may however say that the scale of effect is greater in the city or
urban area.
The National Building Code is a document that was evolved to proffer a lasting
solution to the hazardous trends in the building industry which include
incessant collapse of buildings, building infernos and other built environment
abuses and disasters.
These trends have come about by the planlessness of our towns and cities, use
of non-professionals, insufficient referenced design standards for professionals,
use of substandard materials, and lack of adequate regulations and sanctions
against offenders.
2.0 AIM, SCOPE AND BACKGROUND OF THE NATIONAL BUILDING CODE
The aim of the National Building Code is to set minimum standards for design,
construction, occupation, maintenance and demolition of buildings. This is with
a view to ensuring quality, safety, health and proficiency in the building
industry, by setting minimum standards to safeguard life and property and to
guarantee public health and safety and effectively regulating the processes of
design approval, construction, quality of materials, use and occupancy, location
and maintenance of all buildings and structures taking into consideration the
traditions, culture and economic circumstances of Nigeria. The Code which was
evolved from various interactions and brainstorming sessions at which then
seven professional bodies in the building industry were effectively represented,
was presented to and ratified by the Federal Executive Counci, subsequently
presented to the National Council of States and was launched into operation by
the then President in the Council Chambers of Aso Villa 25th
January 2007. It
has therefore been approved to be adopted by all the States to control all
matters concerning the design and specification, construction, alteration, repair

2. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
2
and demolition of any building or structure anywhere within the Federal
Republic of Nigeria as local building regulations and bye-laws.
3.0 EXPLORING THE NATIONAL BUILDING CODE
The National Building Code as compiled consists of 15 sections in four parts as
follows:
Part I - Administration
Part II - Technical (Professional) Classification
Pre-Design Stage Requirements
Design Stage Requirements
Construction Stage Requirements
Post Construction Stage Requirements
Part III - Enforcement
Part IV- Schedules and References
Part I on administration contains 3 sections (1-3) and gives the preamble, aim
and scope of the Code as well as abbreviations, definitions and interpretation of
terms used in the document. It also introduces the establishment of a Building
Code Advisory Committee (BCAC) outlining its functions, tenure and mode of
operation. The BCAC is responsible for the periodic review of this Code.
Part II has 9 sections (4-12) and deals with technical or professional
classifications and requirements.
Section 4 classifies all buildings and structures according to their uses. 12 use
groups (A-L) are established including subgroups. Buildings and structures are
also graded according to the degree of fire hazard entailed. The essence of this
classification is that certain requirements and standards of design are later on in
the Code attached to different classes. For example the provisions required for
means of access and egress are different depending on whether a building is in
use Group A (assembly), use group D (factory and Industries) or use group H
(residential). An architect or other professional having a design to do should
therefore find out what use group it belongs to and then find out what is
required for its design, structural, mechanical and electrical services design and
its construction requirements. It is now our responsibility to ensure that all our
designs and construction comply with the requirements of the National
Building Code for the class of such buildings, but compliance needs
enforcement.
Section 5 classifies all buildings and structures according to their type of
construction. These provisions represent varying degrees of public safety and
fire resistance. All buildings and structures erected or to be erected, altered or
extended in height or area are classified into one or a combination of 5
construction types defined in a table. These different types are classified
according to the fire resistance of the building elements namely: exterior load
bearing walls, interior bearing walls, exterior non-load bearing walls, structural
frame permanent partitions, shaft enclosures, floors/ceilings, roofs/ceilings and
exterior doors and windows. Knowing the construction classification of a
building or structure that you are designing will influence the design and
choice of structural materials and finishes to be applied to your project. These

3. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
3
requirements are cross-referenced and are interrelated from section to section.
E.g section 5.17 on guardrails is referenced to section 7.17 and 7.20
Section 6 outlines the environmental and general building requirements of the
pre-design stage. The provisions of this section govern the means of light,
ventilation and sound transmission control required in all buildings intended for
human occupancy. This section gives general area and height limitations of
rooms and spaces and size limitations of openings in order to ensure adequate
lighting and ventilation. For example in section 6.2.6 on room dimensions,
habitable rooms other than kitchens, storage rooms and laundry rooms shall
have a ceiling height not less than 2.4m and any habitable room other than a
kitchen shall not be less than 3.0m in any dimension. These requirements are to
ensure that a building meets minimum standard for ventilation. This section
therefore gives you guidelines on what is permitted or not, what minimum sizes
and dimensions are to be applied to various aspects or details of a building.
Section 7 gives the architectural design requirements. It is the longest section of
the code with 142 pages and contains controls of requirements such as
location on property, construction height, allowable floor area, etc, which are
given according to occupancy use groups. This section needs to be carefully
studied by architects as it contains requirements that directly relate to design
parameters in different buildings such as occupant load, number, width and
type of exits, requirements for safety and precautions during building
operations, protection of public and workers, health hazards and sanitation
related to building operations.
Section 8 contains provisions controlling the structural design of all buildings
and structures. It is directly relevant to the work and design input of the civil or
structural engineer but should none the less interest architects and other
professionals to know what provisions are contained therein.
Section 9 contains provisions that control the design, installation, construction,
inspection and maintenance of all mechanical equipment and systems with
respect to strength, fire safety and operation. It also covers the design and
construction of all new electrical conductors, equipment and systems in
buildings and structures.
Section 10 is the section dealing with requirements of building materials and
components like stones, concrete, sand, glass, steel, etc. the application of such
materials and components is to achieve aesthetics, durability, functionality,
character and affordability. Hazardous materials are not allowed by the Code
and asbestos materials are specifically mentioned as hazardous to health and
should be restricted in use.
Section 11 which is a very short and brief section has provisions relating to all
construction operations in connection with the erection, alteration, repair,
rehabilitation, demolition or removal of buildings and structures.
Section 12 gives the post construction requirements of maintenance, fire
protection and fire resistance of all building construction. This section provides
for all construction equipment and safeguards to be constructed, installed and
properly maintained to ensure protection of workers engaged on such and the

4. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
4
general public. It also specifies where fire protection systems are required in all
buildings structures and governs the use and design of all materials and
method of construction with respect to required fire resistance rating and flame
resistance depending on the potential fire hazard of the particular use and
occupancy of that building or structure. These are minimum functional
performance standards for fire protection purposes.
Part III contains only section 13, which is on control of building works. It
touches on approvals to be obtained before commencement of actual building,
inspections that are required to be carried out during the building operations,
notices to be issued when violations occurs, and sanctions that could follow
violations.
This section talks about the establishment of a code Enforcement Division,
section or unit in the Development Control Departments of Federal, State and
Local Govt Urban Dept Agencies. This unit is to consist of all the professionals in
the Built environment and public health officers and is to carry out enforcement
or the implementation of the provisions of the National Building Code in order
to secure its intent. The requirements for approval of drawings and
requirements to be met before buildings are satisfied fit for occupation are
listed in this section.
Some of the significant provisions of this section include:
 That a building or structure henceforth erected shall not be used or
occupied fully or partially until a certificate of use and habitation has
been issued by the Code Enforcement Division/Section/Unit
 All building works shall be supervised by a registered architect and
engineer in line with their inputs into the design.
 The management and execution of building works shall be carried out
by a registered builder.
 It shall be unlawful to make any change to the use or occupancy of any
building or structure without the approval of the Code Enforcement
Division/Section/Unit.
 Building Condition Survey Report for buildings 5 floor and above shall be
carried out every 10 years by the registered professionals involved in the
original design and construction stages of the building or structure.
Part IV contains 2 sections (14 and 15), which are referenced standards and
compliance forms.
In the last section 15, eight compliance forms have been introduced in the code
to be completed by the registered professionals involved in construction and
supervision of various stages of building works. These are to be submitted to
the Code Enforcement Unit as an attestation to the fact that the works at each
of those stages have been satisfactorily carried out under the supervision of
such professionals. These forms include:
i) Setting out compliance form
ii) Foundation/Basement compliance form
iii) Roofing and closing up compliance form
iv) Superstructure compliance form
v) Mechanical Installations compliance form
vi) Electrical Installation compliance form
vii) Finishes compliance form

5. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
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A sample form of the Stop work/Removal/Discontinuation notice is also
included among the forms in this section of the Code.
4.0 PROVISIONS FOR ENFORCEMENT IN THE CODE
The greatest challenge of the National Building Code lies in its enforcement,
which is vested in the Code Enforcement Department, Section or unit as the
case may be. The modalities for such enforcement include
 inspection of building plans before approval for construction to ensure that
minimum standards stipulated by the Code are adhered to,
 inspection of buildings under construction to confirm that there is no
breach of these standards and also
 inspection of buildings in occupation or use in order to ascertain that
minimum standards of health and safety are not compromised.
 Compliance forms are also required to be completed by relevant
professionals responsible for supervision of the works. These forms are to
ensure that every stage of the building works is properly supervised and
that relevant professionals take responsibility for their input. The Code
Enforcement Section relies on such attestation to issue their Certificate of
Use and Habitation.
In all the compliance forms, the professionals engaged to manage and
supervise the building works sign and seal the forms to attest to the fact that
they have supervised the work and that they are in accordance to the drawings
and specifications. This fact puts a great responsibility on the professionals,
which in legal terms is referred to as the duty of care. Any thing going wrong
with the work makes the professionals liable for negligence for which they
should be held responsible by the law.
Safety is the word…and health
Safety is now a big issue as the value of a life cannot be easily computed or
derived. Our buildings must be safe in construction, in occupation or use, in
maintenance and even in demolition.
in construction as a lot of accidents and health hazards abound on our
construction site that demand that attention be paid to the issue of safety on
our sites.
in occupation as we have heard of slips and falls in bathroom, on staircases,
stampedes in public gathering spaces, assemblies, cinemas and stadia due to
improper design and specifications of means of access and egress
in use ……collapses have occurred due to indiscriminate, of course
unapproved change of use of buildings and structure from private dwellings to
places of public gathering, etc. People are known to have been trapped in fires,
in buildings which should have otherwise been designed and built to offer
them safe escape even in such disastrous circumstances. We should also
consider health hazards posed by inadequate lighting and ventilation in
buildings, which many of our citizenry have been exposed to due to designs
that fail to meet minimum standards for such requirements.
in maintenance… many structures lack adequate maintenance because our
designs have failed to consider this important aspect in the life of a building.

6. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
6
Thus some spaces and elements remain inaccessible or their accessibility is
prejudicial to safety of the maintenance personnel.
in demolition…. We have had the first known challenge in this area on Broad
Street, Lagos where it took a long time to be able to bring down the building of
the Bank of Industry that was partly damaged by fire but which became
structurally unviable.
4.1 CHALLENGES OF ENFORCEMENT
The application of the National Building Code is yet to be effected in most of
States of the Federation despite the fact that all State Governments were
represented from the preparatory stages to the final presentation to the
National Council of States when it was launched and copies were dispatched to
all the State Governments.
The contents of the Code are also yet to be fully explored, known and
understood by all the actors in the building process. This group of people and
organisations will be caught napping and in fact may be in shock when the
Code comes under strict enforcement.
For example, one still finds a fire exit door padlocked but with a bold sign above
it reading “fire exit” despite provisions. It is also common to see escape
staircases or other means of access and egress blocked with junk in many
public places. Many buildings are under construction without proper
supervision and often utilising substandard personnel and materials. All these
acts or omissions are in violation of the national Building Code but occur
without any challenge or sanctions. The country and its citizens suffer for it.
The actors who are expected to comply with provisions of the Code include:
i) Federal Ministry of Works, Housing & Urban Development
ii) Building Code Advisory Committee
iii) Code Enforcement Authorities/Departments
iv) Developers of buildings or Building owners
v) Individual registered Professionals in the building Industry
vi) Registered firms of Professionals
vii) Building firms or contractors
viii) Building users or occupiers
4.2 THE IMPLEMENTATION AND ENFORCEMENT PROGRESS REPORT
4.2.1 As a follow up to the launching of, and as required by the Code, the first
Building Code Advising Committee (BCAC) was set up in 2007 and another in
2010 by the then Honourable Minister of Environment Housing and Urban
Development comprising a Chairman and nineteen (19) members charged
with the responsibility of periodic review of the code among other duties.
This committee whose tenure is three (3) years and required by the Code to
meet at least twice a year has met only once after its inauguration.
4.2.2 The National Building Code requires to be established in all Development
Control Departments in Nigeria a Code Enforcement Division/Section or Unit as
the case may be. Perhaps only a couple of State Development Control
Departments have established this. Therefore, the Code exists since 2007 but its
enforcement is still unstructured.

7. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
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4.2.3 Professionals in the Building Industry have since the launching of the
National Building Code been buying the beautifully bound 497 page book and
have been organizing workshops and seminars to educate themselves on the
implications, provisions and requirements of the Code. But there has been no
enforcement as the structures for enforcement even though established by the
Code have been non-existent from the Federal level down to the Local
Government. Everybody agrees that the introduction of the National Building
Code is a welcome relief and an antidote of the chaos that have bedevilled the
Building Industry for long. But the greatest challenge lies in its enforcement,
which is vested in the Code Enforcement Authority, Division, Section or Unit as
the case may be.
4.2.4 The National Building Code is not a law, neither do professionals want it
to become a law because we expect it to be subjected to review as we come
across new trends, processes, procedures, materials and technology in the
global building construction arena. Everyone knows that a law is not easy to
amend or review no matter how desirous we consider it. The case of the Land
Use Act is a lesson to learn from. But a law to enforce the provisions and
requirements within the FCT is in the making at the National Assembly.
The National Building Code must not just be another set of unimplemented
rules or recommendations that exist only in the books.
5.0 SANCTIONS/PENALTIES
All building works not executed in accordance with above requirements or any
act or omission that is in conflict with any provisions in the Code constitute a
violation of this law (13.3). The Code provides for notice of violation to be
served by the Code Enforcement Authority/Section/Unit.
Any person who violates any provision of the Code or fails to comply with any
of its requirements or erects, constructs or alters or repairs a building or
structure in violation of an approved plan, permit, certificate or directive of the
Code enforcement Authority shall be guilty of an offence punishable under the
existing law.
6.0 THE ARCHITECT’S REPONSIBILITY
The greatest challenge of the National Building Code lies in its enforcement,
which is vested in the Code Enforcement Department, Section or unit as the
case may be. The modalities for such enforcement include
 inspection of building plans before approval for construction to ensure that
minimum standards stipulated by the Code are adhered to,
 inspection of buildings under construction to confirm that there is no
breach of these standards and also
 inspection of buildings in occupation or use in order to ascertain that
minimum standards of health and safety are not compromised.
 Compliance forms are also required to be completed by relevant
professionals responsible for supervision of the works. These forms are to
ensure that every stage of the building works is properly supervised and
that relevant professionals take responsibility for their input. The Code
Enforcement Section relies on such attestation to issue their Certificate of
Use and Habitation.
In all the compliance forms, it will be seen that the architect signs last to attest
to the fact that he/she supervised the work and it is in accordance to the

8. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
8
drawings and specification. This fact puts a great responsibility on the architect,
which in legal terms is referred to as the duty of care. Any thing going wrong
with the work makes the architect liable for negligence for which he could be
held responsible both by the client and the Authorities.
The architect must exercise his duty of care and diligence and acquaint him or
herself with provisions of the National Building Code and regard it as book of
information and instructions that must be adhered to in order to achieve
orderly development of buildings that are safe and healthy. Ignorance is still an
enemy that the Nigerian architect must fight and we must not be ignorant of
the provisions of this new document. Architects must regard themselves as the
first line of enforcement first, by knowing and second, by sticking to the
provisions of the Code without allowing themselves to be swayed by clients or
contractors/builders who may have differing ideas and opinions on technical
matters. Remember you don’t have to do that job if the outcome offends
society, and that is what you do when your work goes contrary to the
provisions of the National Building Code. I’m sure you are aware that many of
us have done things which run against professional training and ethics only to
plead that our clients insisted and made us do such. Self-regulation is the best
form of regulation so we must see ourselves as the enforcement officers in our
own rights. We must therefore aim at zero deviation from the provisions of this
Code which was evolved with the active participation and collaboration of the
Nigerian Institute of Architects.
Our various experiences in design, construction and use of buildings have a
major impact on the compilation of a building Code and will still necessitate
future reviews to accommodate scenarios not yet experienced but whose
occurrence will demand our preparedness for such eventualities. For example
before September 11 we never had any aircraft deliberately crashing into a tall
building as was experienced. That incident will definitely require that design
and construction of such skyscrapers take such possibilities into consideration.
Because of the terrorist acts of the 9-11, also it is now required in the US that all
windows in such public buildings must be glazed with shatter-proof glazing.
That would require some sort of revision of their Building Code.
And recently, Nigeria was facing the challenge of how to demolish the Bank of
Industry Building at its Broad street Lagos location having suffered a major fire
disaster that occasioned the collapse of the last 2 uppermost floors, and which
was pronounced as structurally indeterminate. How this building would be
safely brought down saw Nigeria looking abroad for experts at such demolition
which had to be done else it will be worse if it came down by itself. Now this
experience of a building gutted by fire without any hope of salvaging it was
new and got us thinking.
If in the course of our operating this Building Code we find provisions that are
unrealistic or no longer in tune with present realities, let us catalogue such
contradictions and forward same to the Building Code Advisory Committee
(BCAC) who is charged with the review of this Code. The BCAC is now in place
and if you have such observations or recommendations for review, please write
to the Honourable Minister of Environment, Housing & Urban Development
who appoints and supervises the Committee.

9. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
9
PROVISION IN THE NATIONAL BUILDING CODE ACTION/COMPLIANCE
BY
Building Code Advising Committee (BCAC) already
established should be in operation
FMWHUD
Code Enforcement Division/Section or Unit should be
established in all Development Control Departments
in Nigeria.
No building works or operations should be carried
out without having drawings (or building plans) duly
approved by the Code Enforcement
Authority/Division/Section
BUILDING OWNER/
REGISTERED BUILDER
No building approval shall be granted for drawings
for any development whose design has not been
carried out by stipulated registered professionals
(Architects & Engineers).
CODE ENFORCEMENT
AUTHORITY
Drawings for building approval shall be prepared,
signed on affixed stamp and sealed by relevant
registered design professionals or firms
CODE ENFORCEMENT
AUTHORITY
Building approval shall be granted by relevant
professionals in the Development Control
Department of the Building Code Enforcement
Authority / Division / Section / Unit for the various
drawings submitted
CODE ENFORCEMENT
AUTHORITY
The management of the execution of all building
works including the supervision of artisans and
tradesmen shall be carried out by a Registered
Builder.
BUILDING OWNER/
CODE ENFORCEMENT
AUTHORITY
The supervision of execution of all building works
shall be carried out by a Registered Architects and
registered engineers in line with their
professional/technical input
BUILDING OWNER/
CODE ENFORCEMENT
AUTHORITY
A developer shall apply for and obtain a setting out
approval from the Code Enforcement Authority
before the commencement of physical erection of
the building, stating the names of the registered
builder to execute and the registered architect and
engineers to carry out the supervision of the Building
works
REGISTERED BUILDER/
CODE ENFORCEMENT
AUTHORITY

10. Exploring the National Building Code
By Arc J. O. Toluhi
12th Sept 2012
10
The names and addresses of the builder, architect
and engineers shall be displayed on a board erected
at the entrance gate of the building site for every
building except for single bungalow sites
REGISTERED BUILDER/
CODE ENFORCEMENT
AUTHORITY
All drawings submitted for approval and all buildings
works executed in accordance with such approved
drawings shall comply fully with the requirements of
the National Building Code. Therefore all registered
professionals must be conversant with the technical
classifications and design requirements
The above provision shall be ensured by submission
of duly completed compliance forms to the Code
Enforcement Authority by the Developer and
obtaining a certificate of Use and Habitation
REGISTERED BUILDER/
CODE ENFORCEMENT
AUTHORITY
No building or structure executed shall be put to use
in whole or part without a Certificate of Use and
Habitation obtained from the Code Enforcement
Authority
REGISTERED BUILDER
The Certificate of Use and Habitation shall be issued
by a registered architect within the Code
Enforcement Authority / Division / Section / Unit
CODE ENFORCEMENT
AUTHORITY
Building Condition Survey Report for buildings above
five floors shall be carried out every ten years by the
registered professionals involved in the original
design and construction stages of the building and
submitted to the Code Enforcement Authority.
BUILDING OWNER/
CODE ENFORCEMENT
AUTHORITY
CONCLUSION
The National Building Code is now a national working document that an
architect must have and keep just like you will always find on the bookshelf of a
lawyer, the Laws of the Federation of Nigeria. All architects should get
acquainted with the document and it will be well with architecture and the
Nigerian built environment.
Arc. J. O. Toluhi
12 September 2012.