HOW TO APPLY FOR CERTIFICATE OF OCCUPANCY IN NIGERIA

HOW TO APPLY FOR CERTIFICATE OF OCCUPANCY IN NIGERIA

Are you aware that the most crucial document for a landowner or property buyer in Nigeria is the Certificate of Occupancy, popularly known as the "C of O"? This document certifies that you are the rightful owner of the land or property and was issued by the state governments of Nigeria.

A Certificate of Occupancy is a land title document given to a person as official documentation of their ownership of land in Nigeria. Without a C of O, a piece of land or other property can be taken at any time without having to pay any sort of compensation.

According to Section 9 of the Land Use Act 1978, the State Governor of the state in Nigeria where the land is located can issue the certificate of occupancy. The Section provides that “When any person is entitled to a statutory right of occupancy, to issue a certificate under his hand in evidence of such right of occupancy” this act introduced the notion of land use (residential, commercial, mixed-use, etc.).

A Certificate of Occupancy differs from all other title papers in that it is the first title document issued on land, whether bare or developed, that has never been registered at the land registration. This is because no land in Nigeria can bear two Certificates of Occupancy.

IMPORTANCE OF HAVING A CERTIFICATE OF OCCUPANCY

• Having a C of O ascertains one as the owner of a plot of land or property.

• It prevents the government from confiscating one’s land or property without compensation.

• For bank loans, a Certificate of Occupancy is accepted as collateral.

• Having a C of O increases the value of one’s land, particularly in Abuja.

• It prevents a situation where multiple owners claim a single property.

REQUIRED DOCUMENTS FOR A STATE-OWNED LAND

You need the following in order to get a Certificate of Occupancy for state-owned property:

• Formal Letter addressed to the Executive Secretary

• Land Use and Allocation Committee, Block 13, Room 4, Lands Bureau, The Secretariat, Alausa, Ikeja. (For the Executive Secretary in Lagos)

• 2nd Floor (257-237), Block 4A, New Federal Secretariat Complex, Shehu Shagari Way. Abuja's Central Area (For the Executive Secretary in Abuja)

• Standard Allocation Form with Receipt. Lekki Pennisula Schemes, Abijo Commercial and Industrial (Form for Prime Land); other areas (Form for General).

• Four Passport Photographs with white background.

• Evidence of payment of Income Tax.

• Current Development Levy (In case of a company, Evidence of payment of Income Tax of Two Directors and Development Levy).

• Survey Plan

• All payment receipts of Land Charges

• Vital Information Form

STEPS TO OBTAINING C OF O FOR STATE-OWNED LAND

• The Applicant should obtain a form from the Ministry (Land Use and Allocation Section) or download same from their website and submit the application form with the following attached;

• Your tax clearance or evidence of being domiciled abroad.

• Passport Photographs (3 copies)

• An official receipt for application fees of #5,000 for residential land use or #10000 for Commercial land use.

• Applicant collects an acknowledgment slip as evidence of payment.

• Applicant collects letter of allocation.

• Applicants pay for allocated land (In a period not less than 90 days)

• The letter of confirmation is issued to the applicant with a plot and block Number.

• The Scheme Officer begins processing the application for the C of O, signs off on the file, and forwards the files to the Executive Secretary of Land Use Allocation Commission. (LUAC) – 5 Days.

• The Surveyor General provides Scheme Officer with a digitized survey copy (2 Days)

• The Executive Secretary to LUAC approves processing and signs a letter of allocation.

• The Executive Secretary LUAC signs off on the file

• The Executive Secretary LUAC sends the file to the Senior Special Assistant (SSA) to the Governor, Lands (2 days)

• The Senior Special Assistant, Lands examines the entire file and sends it with a covering memo to the Permanent Secretary (PS) Lands Bureau (2 days)

• Should the file have a query, the message is relayed back by notification for correction.

• The Permanent Secretary Lands Bureau signs off on the memo and sends the file to the Governor (2 days)

• The Governor then approves the file and electronically signs the C of O (2 days)

• If the file has a query, a message is relayed back by notification.

• Once the C of O has been approved and signed, the Governor signs off and sends the file to the Deputy Registrar for further processing (2 days)

• The Deputy Registrar processes the file further, signs off, and send the file to the Registrar of Titles for final registration (2 days)

• The Registrar of Titles registers the C of O, signs off, and requests for printing of C of O (1 day)

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

TEL: 08065553671, 08024230080