12/11/2021
ALL YOU NEED TO KNOW ABOUT THE CERTIFICATE OF OCCUPANCY & HOW TO GET A "C of O"
Do you know that the Certificate of Occupancy, also known as C of O, is the most important document to a landowner or property buyer in Nigeria?
This document is issued by the state governments in Nigeria and declares you as the legitimate land/property owner.
_A piece of land or property bought without a Certificate of Occupancy is as good as possessing a vehicle without a logbook.
We bet you, this is not the kind of situation you want to find yourself in as a landowner or property owner in Nigeria.
Now, this quick piece of article will clarify few things you need to know about the Certificate of Occupancy(C of O) in Nigeria, including the steps to take to obtain one.
A certificate of occupancy in recent times is a valuable piece of document. While it is not the ultimate proof of the right of occupancy over land, it is recognized by the law unless a far better title is proved, which is unlikely in most cases.
WHAT IS A CERTIFICATE OF OCCUPANCY?
A Certificate of Occupancy is a land title document issued to an individual by the Government as legal proof of land ownership in Nigeria. The Government can seize a plot of land or property without a C of O at any time without any compensation paid.
According to Section 9 of the Land Use Act 1978, the State Governor of the state in Nigeria where the land is located can issue the certificate of occupancy. The Section provides that “When any person is entitled to a statutory right of occupancy, to issue a certificate under his hand in evidence of such right of occupancy” this act introduced the notion of land use (residential, commercial, mixed-use, etc.).
Some people believe that the certificate of occupancy granted by the Government is a way for them to remain in control of the land. It would seem that the act is merely trapping, giving the occupant a period of 99years (or approximately a 100years) to sublet the land.
One of the features that make a Certificate of Occupancy different from all other title documents is that no land in Nigeria can bear two Certificates of Occupancy because it is the first title document issued on land, whether bare or developed, which has never been registered at the land registry.
The land upon which a C of O is issued is first registered by the Surveyor-General of the State or the Federation where it is Federal land.
The essence of charting the ground is to work out if it is free from any government acquisition.
Here are some of the things found on the C of O:
• Certificate of Occupancy number
• File number
• Plot number
• Location details
• Plot size
• Survey plan or graphic (plot shape)
• Date of issue
• Lease term
• Initial annual ground rent fees
• Land use purpose
• Terms and conditions
IMPORTANCE OF HAVING A C of O
1. Having a C of O ascertains one as the owner of a plot of land or property.
2. It prevents the Government from confiscating one’s land or property without compensation.
3. For bank loans, a Certificate of Occupancy is accepted as collateral.
4. Having a C of O increases the value of one’s land, particularly in Abuja.
5. It prevents a situation where multiple owners claim a single property.
WHERE TO GET A CERTIFICATE OF OCCUPANCY
You can get a Certificate of Occupancy through the appropriate state government, specifically the department responsible for land matters.
HOW TO OBTAIN A CERTIFICATE OF OCCUPANCY
The individual you are buying the land or property from determines how you will get your Certificate of Occupancy. If you buy from natives, also known as ‘Omo Onile' in Lagos, you must first confirm that the Government has not acquired the land or property you are about to pay.
After you must have confirmed from the authorities that the seller legally owns the land being sold to you, then you find out if the owner already has a Certificate of Ownership for the land. If the person or entity you are buying from already possesses a C of O, all you have to do is change the ownership title at the land registry.
The second entity that is authorized legally to sell land to you is the state government. If you are buying directly from the Government, the process of obtaining your C of O would be straightforward as it will be initiated as soon as the sale is confirmed.
However, for any further enquiries or assistance needed to complete your land/property purchase, kindly send us a message using the any of the available channels or call the our service nos. for check-ins and to schedule an appointment with any of our Property Consultants.
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