What is a Certificate of Occupancy?

A Certificate of Occupancy (C of O) is the ultimate proof of land ownership in Nigeria. It is an official document issued by the State Government confirming that the government has allocated land to you under the provisions of the Land Use Act of 1978.

Why is C of O Important?

**Legal Protection: Strongest legal proof of ownership
**Government Recognition: Official government allocation
**Transferable: Can be legally sold or inherited
**Loan Collateral: Banks accept it for mortgages
**Development Rights: Permits construction with proper approvals
**Reduces Risk: Protects against "Omo Onile" and fraud

Critical Fact: Land without C of O is technically government property, and your ownership rights are significantly weaker.

The Land Use Act 1978

Background

The Land Use Act vested all land in Nigeria in the State Governor "to be held in trust for the people." This means:

• All land belongs to the government
• Government grants "rights of occupancy" to individuals
• C of O is evidence of this right
• Maximum term: 99 years (renewable)

Types of Rights

1. Statutory Right of Occupancy

• Granted by State Governor
• For urban land
• Evidenced by Certificate of Occupancy
• Transferable with Governor's Consent

2. Customary Right of Occupancy

• Granted by Local Government
• For non-urban/rural land
• Less secure than statutory
• More susceptible to disputes

For Property Investment: Always seek Statutory C of O

What a C of O Contains

A valid Certificate of Occupancy includes:

1. Property Information

• Land Description: Size, location, coordinates
• Beacon Numbers: Boundary markers
• Land Use: Residential, commercial, mixed-use
• Plot Number: Official designation

2. Owner Information

• Full Name(s): Individual or corporate entity
• Address: Owner's contact details
• Identification: Means of identification used

3. Government Information

• File Number: Government tracking reference
• Date of Issue: When C of O was granted
• Term: Usually 99 years from date of issue
• Seal & Signature: State Governor or authorized official
• Registration Details: Land Registry information

4. Conditions & Restrictions

• Development Requirements: Timeline to develop
• Ground Rent: Annual payment to government
• Permitted Use: What you can build/do
• Restrictions: Any limitations on use

How to Verify a C of O

Why Verification is Critical

• Forgeries are Common: Sophisticated fakes exist
• Avoid Fraud: Many scam victims bought based on fake C of O
• Due Diligence: Essential before any land purchase

Step-by-Step Verification Process

Step 1: Physical Document Inspection

Check for: **Government letterhead and official seal
**Clear, professional printing (not photocopied appearance)
**State Governor's signature
**File number clearly visible
**Embossed stamp (not just ink stamp)
**Security features (watermarks, special paper)

Red Flags: **Blurry or unclear printing
**Obvious photocopying
**Handwritten corrections
**Missing file number or dates
**Unofficial-looking paper
**Spelling errors in official text

Step 2: Land Registry Verification

Visit the State Land Registry:

• Lagos: Alausa, Ikeja
• Bring original C of O (seller must provide)
• Request official search

What They'll Verify:

• C of O exists in their records
• File number is legitimate
• Owner details match
• No pending litigation
• No liens or encumbrances
• Property dimensions and location

Cost: ₦100,000 - ₦200,000
Timeline: 1-2 weeks for search report

Step 3: Physical Site Visit

On-Site Verification:

• Match survey coordinates to actual location
• Check boundary beacons exist and match plan
• Verify land is vacant (if expected to be)
• Confirm neighbors and surrounding developments
• Check for encroachment or disputes

Hire a Licensed Surveyor:

• Cost: ₦150,000 - ₦300,000
• They'll verify GPS coordinates
• Check boundaries match survey plan
• Identify any discrepancies

Step 4: Legal Opinion

Engage a Property Lawyer:

• Review all documentation
• Conduct independent searches
• Check court records for litigation
• Provide written legal opinion

Cost: 3-5% of property value
Timeline: 2-4 weeks

How to Obtain a C of O

For Newly Allocated Government Land

Process:

1. Land Allocation: Government allocates plot to you
2. Payment: Pay allocation fees and charges
3. Application: Submit C of O application
4. Survey: Government-approved survey conducted
5. Processing: 12-24 months typically
6. Issuance: Receive your C of O

Requirements:

• Application letter
• Proof of allocation
• Survey plan
• Development levy payment
• Processing fees
• Identification documents

Cost:

• Lagos: ₦3,000,000 - ₦10,000,000+
• Abuja: ₦5,000,000 - ₦15,000,000+
• (Varies by location and property value)

For Purchased Property

If Seller Has C of O:

You don't apply for new C of O—you apply for Governor's Consent to transfer existing C of O to your name.

1. Purchase property: Complete sale transaction
2. Deed of Assignment: Document transfer of ownership
3. Apply for Consent: Submit Governor's Consent application
4. Processing: 6-12 months
5. Transfer: C of O transferred/new one issued in your name

If Property Has NO C of O:

Two Options:

Option A: Apply for C of O (Regularization)

• If land is in excision/government recognized area
• Submit application for regularization
• Costs: ₦2,000,000 - ₦8,000,000+
• Timeline: 18-36 months
• Success not guaranteed

Option B: Walk Away RecommendedRecommended

• Don't buy land without C of O
• Risk too high for significant investment
• Better to pay premium for C of O land

Governor's Consent Explained

What It Is

When land with C of O is sold, the new owner must obtain Governor's Consent for the transfer to be legal. Without it:

• Transfer is legally incomplete
• Can't use land as collateral
• Future sale will be problematic
• Risk of government revocation

Application Process

1. Prepare Documents:

• Consent application letter
• Original C of O
• Stamped Deed of Assignment
• Survey Plan
• Tax Clearance Certificates (buyer & seller)
• Evidence of payment of consent fees
• Prescribed forms

2. Submit Application:

• Through lawyer to Land Bureau
• Include all required documents
• Pay processing fees

3. Site Inspection:

• Government may conduct inspection
• Verify development status
• Check compliance with land use

4. Approval & Payment:

• Approval letter issued
• Pay consent fees (3-5% of property value)
• Additional processing fees

5. Receive Consent:

• New C of O issued or consent endorsed
• Update at Land Registry

Timeline & Costs

Processing Time:

• Official: 90 days
• Reality: 6-12 months (sometimes longer)
• Can expedite (unofficially) with connections

Costs (Lagos):

• Application fee: ₦500,000 - ₦1,000,000
• Consent fee: 3-5% of deemed property value
• Legal fees: ₦500,000 - ₦2,000,000
• Miscellaneous: ₦300,000 - ₦500,000
• Total: ₦2,000,000 - ₦5,000,000+

Important: You can take possession and develop before Governor's Consent is granted, but start application immediately.

C of O vs Other Documents

C of O vs Deed of Assignment

Bottom Line: Deed of Assignment without underlying C of O is weak. C of O is what matters.

C of O vs Excision

Excision: Government releases community land for private ownership

• Excision itself is NOT proof of ownership
• After excision, landowners must apply for C of O
• Excision + C of O = Strong ownership
• Excision without C of O = Incomplete

C of O vs Survey Plan

Survey Plan: Shows property boundaries and size

• NOT proof of ownership
• Just shows physical characteristics
• Must accompany C of O
• Can be forged easily

Common C of O Problems & Solutions

Problem 1: Fake C of O

Solution:

• Always verify at Land Registry
• Never rely on photocopy alone
• Insist on seeing original
• Conduct thorough due diligence
• Use experienced lawyer

Problem 2: Disputed Ownership

Solution:

• Check court records for litigation
• Review ownership history
• Verify seller is named owner
• Get title insurance if available
• Walk away if major disputes exist

Problem 3: Encumbered Land

Land has liens, charges, or other encumbrances:

Solution:

• Title search reveals these
• Ensure seller clears before purchase
• If unavoidable, adjust price accordingly
• Get legal advice on implications

Problem 4: Expired Development Period

C of O requires development within specified time (often 24 months):

Solution:

• Check development conditions
• Verify if extended or waived
• Apply for extension if needed
• Budget for potential penalties

Problem 5: Wrong Land Use

C of O specifies residential but want commercial:

Solution:

• Apply for change of use
• Costs: ₦500,000 - ₦2,000,000
• Timeline: 6-12 months
• Not always approved

Protecting Your C of O

Physical Security

1. Original Document

   • Store in fireproof safe
   • Bank safety deposit box
   • Never give original to anyone except official transactions

2. Certified Copies

   • Get multiple certified copies from Land Registry
   • Use these for routine verification
   • Cost: ₦50,000 - ₦100,000 per copy

3. Digital Backup

   • High-resolution scans
   • Store in multiple locations
   • Cloud backup with security
   • Note: Not legally valid, just for reference

Legal Protection

1. Proper Registration

   • Ensure registered at Land Registry
   • Keep registration receipt
   • Update after any transfers

2. Governor's Consent

   • Apply immediately after purchase
   • Don't delay—penalties for late application
   • Keep application evidence

3. Regular Verification

   • Check land registry records annually
   • Ensure no fraudulent encumbrances
   • Verify GPS coordinates haven't changed

4. Site Security

   • Fence property quickly
   • Install signage with C of O details
   • Regular site visits
   • Property management service

Frequently Asked Questions

Can I buy land without C of O?

You can, but you shouldn't for significant investments. Without C of O:

• Weaker legal protection
• Government can revoke
• Vulnerable to "Omo Onile"
• Banks won't accept as collateral
• Difficult to resell

Our Advice: Only buy C of O land, or budget for C of O application after purchase.

How long is C of O valid?

Typically 99 years from date of issue. After 99 years, can be renewed for another term. Given property typically appreciates, 99 years is more than sufficient for most investors.

Can a non-Nigerian get C of O?

Yes, but with restrictions:

• Can get C of O in urban areas
• Cannot get C of O for rural/customary land
• Same verification process applies
• May face additional scrutiny

What if C of O is lost or damaged?

Process for Replacement:

1. Report loss to police (get police report)
2. Publish loss in national newspaper (3 times)
3. Submit affidavit of loss
4. Apply to Land Registry for replacement
5. Pay fees (₦200,000 - ₦500,000)
6. Processing: 6-12 months
7. Receive replacement C of O

Does C of O guarantee no problems?

No. C of O is strongest protection, but doesn't guarantee:

• No boundary disputes
• No communal claims
• Property is in desired location (verify!)
• No government acquisition (check master plan)

Still Essential: Complete due diligence including title search, physical verification, and legal review.

Next Steps

Need Help with C of O Verification or Application?

Free Consultation: Talk to our legal team about:

• Verifying existing C of O
• Applying for new C of O
• Governor's Consent process
• Property documentation review

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Buying Property in Nigeria?

View Verified Properties: All our listings have:

• Verified C of O
• Complete documentation
• Title search conducted
• Legal opinion available

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More Legal Guides

Related Resources:

• Governor's Consent Guide →
• Property Documentation Checklist →
• Buying Land from UK →

Contact Our Legal Team

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Last Updated: January 14, 2025

Disclaimer: This guide provides general information only. For legal advice specific to your situation, consult with a qualified Nigerian property lawyer. Laws and procedures may change.