CERTIFICATE OF OCCUPANCY (C of O)

INTRODUCTION

The Lagos state government has highly acknowledged a C of O as a legal title because it holds irrefutable evidence of ownership and provides legal recognition and protection of property ownership. This conquers any dispute or claim that may arise and generally adds more value and marketability to the property. The major significance of a C of O as a legal title is compensation; in the case of government acquisition for public projects like roads, the owner is entitled to be duly compensated by the state government.

WHAT IS CERTIFICATE OF OCCUPANCY?

A Certificate of Occupancy (C of O) is an official document issued by the government that legally recognizes the holder’s ownership. It grants the owner the right to occupy and use the land for a specified period. The document also confirms that the property is free from government encumbrances and that the holder’s title is valid.

TYPES OF CERTIFICATE OF OCCUPANCY IN LAGOS

• Residential C of O: This is for private homes and estates. It can be a Global C of O or an Individual C of O. A Global Certificate of Occupancy (C of O) offers a broader legal framework for more significant developments or estates. At the same time, an Individual Certificate of Occupancy (C of O) provides specific ownership details for individual plots within these more extensive projects. This type of C of O lasts for 99 years.
• Commercial C of O: This type of C of O supports business premises, offices, and commercial developments and has a 50-year tenure.
• Mixed-Use C of O: This (C of O) authorises land use for residential, commercial, and sometimes industrial purposes. This type of C of O is particularly relevant in urban planning and development, where integrating  different land uses can enhance community livability and economic viability. The tenure can be up to 99 years.
• Industrial C of O: This is for factories and industrial zones like the Dangote refinery, and the tenure for such C of O is 35 years.
• Agricultural C of O: This is for farms and agricultural projects, and the title lasts 25-28 years. A considerable percentage of land in Lagos used to have this title. Still, with development on the rise, the titles can be ratified and regularised by getting a governor’s consent to change the use to a residential, commercial, or mixed-use C of O. Note that the Agricultural C of O is also the cheapest type of C of O.
• The government allocated C of O: This C of O is given to reputable individuals and companies who want to embark on large projects within the government acquisition lands. Depending on the intended use, the tenure for this C of O can be 25-99 years. This C of O gives express approval from the government to the individual or companies, giving them full ownership of the property.
• Family-owned C of O: The government gives this to families based on their long-standing and respected community reputation. This certificate, which does not have a specific expiry date, signifies the family’s established and generational claim to the land.
• Excision/Gazetted C OF O: This type of O is issued to a village for a designated land area. Land with an Excision Certificate of Occupancy is protected from having any other types of C of O issued on it, ensuring clear and undisputed ownership by the village community. The next title perfection to be gotten from this is the governor’s consent, and before you can achieve this, the land must be gazetted.

DOCUMENTS NEEDED TO PROCESS A C OF O

• Land Information Certificate: Proof of the land’s status and history.
• Receipt for Land Information Fee: Payment receipt for obtaining the Land Information Certificate.
• Deed of assignment, Evidence of record copy and Lodgement: These documents are required for proof of ownership.
• Receipt for Application Form: Payment receipt for the C of O application form.
• Publication/Inspection Fee: Fee for the publication and inspection of your application.
• Land Purchase Receipt/Agreement: Legally stamped receipt or agreement for the land purchase.
• Tax Clearance Certificate: Current tax clearance certificate for individuals.
• Development Levy Receipt: Receipt for the development levy.
• Site Location Sketch: Accurate sketch of the land’s boundaries and dimensions
• Passport Photographs: Four recent passport-sized photographs with a white background.
• Photograph of the site: A current property photograph needs to be attached to the application.
• Date and time of the photograph: This needs to be recorded in the documentation process.
• Approved Building Plan: If the land is developed, a copy of the approved building plan.
• Tenement Rate Receipt/Land Use Charge: Proof of payment for occupied properties.
• Cover Letter: Addressed to the Executive Secretary, Land Use Allocation Committee (LUAC), listing all attached documents and contact details.

STEP-BY-STEP PROCESS FOR OBTAINING A C OF O IN LAGOS

• Submission of Form and Documents: Purchase and complete the C of O application form and submit it with all required documents to Lands Bureau Directorate of Finance and Account Block 13 & 14, The Secretariat, Alausa, Ikeja.
• Relevant land documents: Applicant should gather all relevant land documents to process their title document or may appoint someone to represent them for processing.
• Payment of Government Assessment Fees: Pay the applicable assessment fees based on the land’s location and size.
• Publication of Names: The government publishes applicants’ names in a newspaper to notify the public and allow for objections.
• Site Inspection: Government officials inspect the property to verify details and compliance.
• Processing of the C of O Title: Verification of documents and preparation of the certificates.
• Signing of the C of O Certificate: The Lagos State Governor validates the C of O certificates.
• Registration and Collection: The signed certificates are registered, and applicants are notified to collect their C of O.

NOTE: Two people cannot have the same C of O document; when you intend to sell your property, the buyer needs to perfect the title by applying for a governor’s consent. Since land is held in trust by the State Government according to the Land Use Act of 1978, the Governor needs to approve that transaction. Otherwise, the title that will be transmitted is imperfect, which means that the final authority on landed matters is unaware of the transaction, making that transaction void.