Law Jurists: ACQUIRING CERTIFICATE OF OCCUPANCY (C OF O) IN LAGOS

GETTING CERTIFICATE OF OCCUPANCY IN LAGOS – THE PROCEDURE

WHAT IS C OF O?

This literally means Certificate of Occupancy. It is usually issued by the State Government since all lands in the State are now vested in the Governor of the State pursuant to Section 1 of the Land Use Act 1978. The Governor now assumes the position of a trustee and therefore administers all lands in the state for the benefit of the citizens.

WHAT IS RIGHT OF OCCUPANCY?

Under the Land Use Act, the interest that individual now enjoys on his or her land is known as RIGHT OF OCCUPANCY. The right of occupancy can be categorized into 4 divisions, which are:

1. Statutory right of occupancy expressly granted by the Governor of the State

2. Statutory right of occupancy deemed granted by the State

3. Customary right of occupancy expressly granted by the Local Government Council

4. Customary right of occupancy deemed granted by the State through the Local Government Council.

It should be noted that the document which evidences the right of occupancy an individual or occupier enjoys on his or her land is known as CERTIFICATE OF OCCUPANCY usually granted for 99, 55 years as the case may be. The C of O once granted confers Exclusive Possession on the grantee while the grantee must ensure compliance with the Terms and Conditions for such grant as explicitly stated in the Certificate. Again, by virtue of Sections 21 and 22 of the Land Use Act 1978, the grantee cannot ALIENATE his or her right of occupancy, whether statutory or customary, without the Consent of the Governor first had and obtain. Failure to secure the necessary consent of the Governor is itself punishable with imprisonment for 1 year or the payment of fine of N5,000.00.

HOW TO GET C OF O IN LAGOS STATE

The procedures for getting C of O in Lagos State under its Laws are as follows:

Formal Letter addressed to the Executive Secretary – Land Use and Allocation Committee, Block 13, Room 4, Lands Bureau, The Secretariat, Alausa, Ikeja.
Completed Certificate of Occupancy Form with receipt i.e. Form LRF 1.
Land Information Certificate with receipt.
Four original Survey Plan (2 cloth and 2 paper).
Four Passport Photograph with white background.
Sketch Map of the Site Location
Purchase Receipt Duly Stamped.
Evidence of payment of Income Tax
Current Development Levy. (In case of Company, Two Directors Tax Clearance and Development Levy).
Publication Fee – N10,000.00
Capital Contribution Fee subject to a minimum of N30,000.00
Building Plan Approval if developed.
Copy of Tenement Rate Receipt (if occupied).

WORK FLOW FOR NON-STATE LAND CERTIFICATE OF OCCUPANCY

Submission of Application and Vital Information Form for Certificate of Occupancy (by Applicant).
Compilation of applicants names for publication, Title Search for previous Registration and Site Inspection. This may take 21 days in all.
Certificate of Occupancy Engrossment (by LUAC).
Recommendation for execution of C of O (by E.S. LUAC, SSA LANDS & P.S. Lands)
Execution of C of O (by His Excellency)
Stamp Duty (by Commissioner for Stamp Duties)
Registration of C of O (by Land Registry)
Collection of executed and registered C of O (by Applicant or his agent). It should be noted that there are rules governing collection of C of O which are expected to be followed.