HOW TO OBTAIN GOVERNOR’S CONSENT (IN A
NUTSHELL)
STATUTORY PROVISIONS ON CONSENT
The Land Use Act of 1978 puts all land
in a State; town and rural area under the control of the Governor and Local
Government Chairman, respectively, in trust for the people of the state.
Consequent upon this, section 22 of the Act then states that,
“it shall not be lawful for the holder of a statutory Right of Occupancy
granted by the Governor to alienate his Right of Occupancy or any part thereof
by assignment, sublease etc without the prior consent of the Governor”.
Simply put, even though a property has
Certificate of Occupancy which makes the beneficiary the legal interest holder
on the land for 99 years or the residue, if he decides to resell, mortgage or
do anything with the property, since the land is held in trust by the state
government, the Governor needs to approve the transaction.
In other words, the first person on a
land is the only person or group of persons entitled to obtain a Certificate of
Occupancy. Every subsequent buyer of that land must get a Governor’s
consent. There can only be one Owner of the Certificate of Occupancy
on that land and it will not be replicated for another person once the
land has been sold or transferred to another person.
PROCESS/WORKFLOW AT THE LANDS
BUREAU, LAGOS
The process that accompanies the
issuance of Governor’s consent in Lagos State is usually carried out at the
Lands Bureau. The following documents are required for the purpose of obtaining Governor’s consent: Dated letter
of application with addresses and phone numbers; duly completed form 1c.
The form must be
dated and signed by the parties to the transaction and sworn to before a Magistrate
or Notary Public; Certified true copy of grantors title document; Grantors’ tax
clearance certificate /developmental levy receipt and; Grantees’ tax clearance
certificate/developmental levy receipt.
Others are: Four copies of duly
executed sublease, deed of assignment (with survey plans attached in each
copy), mortgages or power of attorney; Chartable survey plans; Evidence of
payment of charting, endorsement, and form 1c; Evidence of payment of ground
rent/land use charge; Letter of confirmation of payment of capital contribution
from NTDA in respect of Lekki peninsula schemes 1 and 2, Abijo GRA, Isheri
North and other affected government schemes and; Building plan or photograph of
the property.
ASSESSMENT, TAX AND OTHERS
After submitting the first set of deed
of assignment and survey plan, internal scrutiny of the documents submitted is
carried out. Thereafter, the documents are sent to the Surveyor General’s
office for charting. If there are no defects in the survey plan, a clean report
is sent to the Lands Bureau and a demand notice is issued to the applicant for
the following fees: Consent fee – 8 percent of assessed value of the property;
Capital gains tax – 2 percent of
assessed value of the property; Stamp Duty fee – 2 percent of assessed value of
the property; Registration fee – 3 percent of assessed value of the property
and; Current tax clearance certificates of the parties to the property
transaction. If you have none, an assessment is raised immediately for you.
Finally, your application (document) is
sent to any of the designated commissioners that are specifically designated
for that purpose to append their signature. When this has been done, it is sent
back to the applicant to do stamp duty and final registration. Your deed of
assignment then becomes Governor’s Consent; it is now a registered title. It’s
the registered title that is called deed.
For further advise/brief up:
07032511885
080235350003
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