As a potential land owner or investor, it is important to understand the various land titles and their differences. Many first-time land buyers do not really understand what a Governor’s consent and C of O are.
Understandably, many people are familiar with C of O as it is more popular. But what’s the difference between a C of O and a governor’s consent?
In this article, we will break down everything about the two land titles and how you can easily differentiate them.
What is a Certificate of Occupancy (C of O)?
A C of O is an official document the government of Nigeria issues a person or an organization to certify them as the legal owner of a piece of property.
By Section 9 of the Land Use Act of 1978, the State Governor in Nigeria, where the land is situated, holds the authority to authorize the issuance of an occupancy certificate. This legal provision introduced the concept of land use categorization, including residential, commercial, mixed-use, etc., stating that “any person shall be entitled to a statutory right of occupancy, to issue written evidence indicating such right of occupancy.
Types of Certificate of Occupancy
- Global C of O
- Family C of O
- Residential C of O
- Industrial C of O
- Agricultural C of O
Characteristics of Certificate of Occupancy
- C of O Number
- File Number
- Plot Number
- Location
- Plot size
- Survey Plan
- Date of Issue
- Lease term
- Ground rent
- Land use purpose
- Terms and conditions
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Process of Obtaining Certificate of Occupancy
C of O through Regularization
This type of C of O is obtained through land regularization. Land regularization is a process of acquiring land that doesn’t have legal status.
C of O through Resettlement
This type of C of O is obtained through government resettlement. This usually happens when the government takes over a parcel of land from a community and reallocates another piece of land with a C of O title.
C of O through Government Land Allocation
A C of O acquired through government allocation is obtained by applying directly to the state government. This is usually the land within any of the state government-approved and available land schemes.
What is the Governor’s Consent?
The first allottee of land through a certificate of occupancy is the only person entitled to C of O through the tenure of the lease. Every subsequent buyer that buys land with a C of O must get a Governor’s Consent.
The first allottee can only transfer part or whole of land through a legal document called a Deed of Assignment.
With this Deed of Assignment, a secondary buyer can process the governor’s consent before the government recognizes the transfer of that land.
Subsequently, for any other buyer that buys the land in the future, the person must also process a new governor’s consent.
Additionally, a Governor’s consent can also be obtained on land under dispute that has been concluded under a court of law and judgment has been passed.
Requirements for Obtaining the Governor’s Consent in Lagos State
Complete the Land Form 1C thoroughly, as it is the primary document for your application.
A Deed of Assignment must be prepared by the lawyers of both parties which include the cost of the land, description of the location, signatures of both parties and witnesses.
A Survey Plan must also be presented alongside the deed of assignment and form 1c.
Process of Obtaining the Governor’s Consent
To obtain a governor’s consent in Lagos, the first step is to submit an application to the relevant authority and pay all required fees.
Then the land is inspected by the State authorities to confirm boundaries and ensure all details about that land are accurate.
After confirmation of all requirements, the next step is the processing stage. This is where the final review will be carried out by the authorities before approval.
Finally, the last step is the registration of the title by the authorities, the assignment of a unique consent number to the transaction, stamping and certification of final documentation.
Differences between Governor’s Consent and Certificate of Occupancy
Purpose
The certificate of Occupancy provides clear ownership rights and protects against ownership disputes. A Governor’s consent validates property transfer and ensures government oversight of property transfer.
Signatory
According to a land use act, only a governor is permitted to sign off on C of O, while the governor can delegate the governor’s consent to a commissioner or deputy governor to sign off on it.
Eligibility
A Certificate of Occupancy title can only be issued to the first buyer of a land, while a governor’s consent is issued to subsequent buyers. This detail is important as it is crucial for the ownership and transfer of land.
Validity
While a C of O has validity depending on the type and requires renewal, the Governor’s Consent doesn’t have an expiration date.
Issuance Restrictions
A C of O can only be issued once to the first buyer for a duration of 99 years depending on the purpose of the land. For a Governor’s Consent, it can be issued multiple times on a single property if there is a change of ownership, this is subject to the governor’s approval.
Legal stance
A certificate of occupancy provides a final title document to the property. It gives the owner an upper hand in claiming ownership and also in terms of compensation in case of legal cases.
The governor’s consent confirms the government’s approval of a land transaction but does not provide a final title document.
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Conclusion
Both the Certificate of Occupancy and Governor’s Consent are very good titles in Nigeria’s land administration system. They serve as a critical safeguard for land transactions in Nigeria.
While they both have their purposes, understanding their differences is very important to buyers and real estate investors.
To explore any of our real estate investment packages like land banking, retirement plan, kids education investment plan, trade apprenticeship plan or if you want to purchase some plots where you will have residential or commercial buildings, send an email to us at info@affablehomes.com.ng or call +2349134056630.
