In Nigeria, owning property goes beyond simply buying land or a building. To legally secure ownership, obtaining a Certificate of Occupancy (C of O) is essential. This document, issued by the government, grants the holder the right to occupy land for a specified number of years, typically 99 years.
In this article, we’ll discover the process of obtaining a Certificate of Occupancy in Nigeria, the importance of this document, and often-overlooked details that are critical for successful land ownership in the country.
What is a Certificate of Occupancy (C of O)?
A Certificate of Occupancy is a legal document issued by state governments in Nigeria to landowners, certifying their right to use and occupy land for a set period. Under the Land Use Act of 1978 , all land in Nigeria is vested in the government, which grants occupancy rights to individuals, companies, or institutions through the issuance of a C of O. Without this certificate, you may face legal challenges to the ownership or use of your land.
For example, in a dispute over land ownership, a C of O can be presented as evidence of legitimate ownership. On the flip side, lacking this document can lead to significant legal disputes and even the loss of property.
Steps to Obtain a Certificate of Occupancy in Nigeria
Obtaining a C of O involves navigating a multi-step process, often varying slightly from state to state. However, the general steps include the following:
1. Application Submission
The first step is to submit an application to the Land Bureau or the Ministry of Lands in the state where the property is located. This is typically done in person, though some states have begun accepting online applications.
Required documents include:
- A formal application letter
- Land purchase agreement or deed of assignment
- Recent passport-sized photographs
- Survey plan (signed by a registered surveyor)
- Evidence of land ownership (such as a purchase receipt or allocation letter)
2. Verification of Documents
The Land Bureau will verify the authenticity of your documents. This process may include checking the land’s title history, confirming whether the land is free from government acquisition, and ensuring the land was properly allocated by the state.
3. Site Inspection
After document verification, the government sends officials to inspect the land. The goal is to ensure that the land is being used for the intended purpose and that it falls within permissible zones.
For example, land designated for agricultural purposes cannot be used for commercial building projects. Any such misuse could result in rejection of the C of O application.
4. Charting and Endorsement
Once the inspection is complete, the survey plan will be charted to verify the boundaries of the land. Afterward, the necessary endorsements are made by the Surveyor General’s office, confirming that the land’s location is accurate.
5. Payment of Fees
The applicant is required to pay various fees, which may include:
- Survey fees
- Processing fees
- Premium fees (this varies based on the size and location of the land)
- C of O issuance fees
For example, in Lagos, the cost of obtaining a Certificate of Occupancy for land between 601 to 1,000 square meters in an urban area can range between ₦100,000 to ₦200,000 depending on the location.
6. Approval and Issuance
Once all fees are paid, the application goes through final approvals, after which the Certificate of Occupancy is printed and issued to the landowner. This process can take between three months to two years, depending on the state and how efficient their land registry is.
Why is a Certificate of Occupancy Important?
A C of O is more than just a piece of paper—it protects your investment and gives you legal rights over your property. Here’s why it matters:
- Legal Proof of Ownership
If disputes arise over the ownership of land, having a C of O provides concrete evidence that the land legally belongs to you.
- Access to Financial Institutions
Many banks and financial institutions require a C of O as collateral before approving loans for property development or business purposes.
- Protection from Government Acquisition
Land without a C of O is at risk of being reclaimed by the government without compensation. A C of O protects you from such occurrences.
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Frequently Asked Questions (FAQ)
1. How long does it take to get a Certificate of Occupancy in Nigeria?
The process can take anywhere from six months to two years, depending on the state. Some states have more efficient land registry systems than others.
2. Can I get a loan without a Certificate of Occupancy in Nigeria?
No. Most banks and financial institutions require a C of O before they consider your land as viable collateral for loans.
3. How much does it cost to get a Certificate of Occupancy?
The cost varies depending on the size and location of the land, as well as the state in which the land is located. Fees typically include survey fees, processing fees, and issuance fees, and can range between ₦100,000 to ₦200,000 or more.
4. What happens if my Certificate of Occupancy is revoked?
If your C of O is revoked due to misuse or failure to develop the land, you may lose ownership rights and any compensation for the land. It’s essential to use the land according to its designated purpose.
Conclusion
A Certificate of Occupancy is not just a document but a crucial asset for anyone looking to legally own land in Nigeria. From securing your rights to accessing financing, the benefits of having a C of O are immense. However, the process can be lengthy and bureaucratic. Therefore, it’s vital to follow all necessary steps diligently and consult with legal experts if needed.
Obtaining a C of O may be time-consuming, but the legal protection it provides is well worth the effort.
Also Read:
How to Buy Land in Nigeria: A Legal Guide for First-time Buyers
Understanding the Land Use Act in Nigeria: A Comprehensive Guide
How to Avoid Real Estate Fraud in Nigeria: Legal Guide
How to Verify Property Titles in Nigeria: A Comprehensive Guide
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