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10 KEY THINGS TO KNOW ABOUT CERTIFICATE OF OCCUPANCY IN NIGERIA

A Certificate of Occupancy (C of O) is an essential document for landowners in Nigeria. It serves as a legal testament granting the right to use and occupy land under the terms specified by the government. The process and importance of obtaining a C of O can be intricate, involving several steps and an understanding of local land laws. Below are ten key aspects you need to know about the Certificate of Occupancy in Nigeria:

1. Legal Proof of Land Ownership

The Certificate of Occupancy is the official document that proves ownership of land in Nigeria. It is recognized by law and is vital for property transactions such as buying, selling, or securing loans with land as collateral.

2. Issued by State Governments

The right to issue Certificates of Occupancy lies with state governments through their respective ministries responsible for land and housing. Because of this decentralization, the process can vary significantly from one state to another.

3. Applicable for Land Lease

In Nigeria, all land is technically owned by the government, and tenure is secured through leases. A Certificate of Occupancy indicates that the government leases the land to an individual or organization—typically for 99 years.

4. Required for Legal Transactions

Without a valid C of O, it can be difficult to engage in legal property transactions. Financial institutions and banks often require a C of O before approving loans or mortgages.

5. Application Process

Applying for a Certificate of Occupancy involves submitting documents such as proof of land purchase, an approved survey plan, tax clearance, and application fees. The accuracy of these documents affects the processing time.

6. Time-Consuming Process

The process of obtaining a C of O can be lengthy, taking anywhere from a few months to several years depending on the state and circumstances surrounding the land.

7. Associated Costs

Beyond application and processing fees, there are often additional costs such as survey fees, legal fees, and taxes. Prospective landowners should plan for these expenses.

8. Revocation is Possible

The government can revoke a Certificate of Occupancy if the land is used for purposes other than stated in the document, or if fraud or irregularities occurred during the application process.

9. Renewal and Reissuance

Although the lease term under a C of O is long (usually 99 years), it’s important to monitor its expiration and follow the required procedures for renewal to maintain legal ownership.

10. Significant for Foreign Investors

For foreign investors and organizations purchasing or leasing land in Nigeria, a Certificate of Occupancy ensures legal compliance and secures investment safety.

In conclusion, obtaining a Certificate of Occupancy in Nigeria is fundamental for securing land tenure, accessing credit, and gaining legal recognition of ownership rights. Prospective landowners should seek expert or legal guidance to navigate this complex but vital process efficiently.

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Written by

Adonis Shelters Consult

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