In Lagos, the Certificate of Occupancy and the Governor's Consent are often mentioned together. They are related, but they answer different questions.
What is a Certificate of Occupancy?
A Certificate of Occupancy — usually shortened to C of O — is a document issued by the state government granting a right of occupancy over land. It records the state's consent to occupy and use the land for a stated purpose, subject to the terms and conditions in the certificate.
For a buyer or lender, the C of O is one part of the title story. It should be read with the survey plan, the registered title documents and the history of dealings in the land.
What is Governor's Consent?
Governor's Consent is the approval required when an interest in land under a right of occupancy is transferred — for example, by assignment, mortgage or lease. The consent is given by the Governor, usually through the state's lands bureau, and the transaction is then registered.
A property may have a C of O and still need Governor's Consent for a later transfer. That is why a buyer should ask what has happened since the C of O was issued, not only whether a C of O exists.
Certificate of Occupancy
Grants and records the right of occupancy. It is the foundation document for the land.
Governor's Consent
Approves a subsequent transfer or mortgage. It connects the foundation document to the current transaction.
Why buyers and lenders ask for them
- to confirm the land is within an area the state has granted and can deal with;
- to check the stated use matches what is on the ground and what the buyer intends;
- to see whether a transfer has been consented to and registered;
- to identify conditions, reservations or encumbrances that affect value;
- to support a mortgage or institutional approval.
Documents to have ready
The exact requirements depend on the transaction and the state's current process. A typical file includes:
- the C of O and any subsequent deed of assignment;
- the current survey plan;
- receipts and evidence of payments;
- company or personal identification documents;
- the draft transfer documents and tax records requested by the lands bureau.
Practical checks
- Read the C of O, not just the cover. Check the name, land description, use and conditions.
- Match the survey. The coordinates and size should agree with the land being sold.
- Trace the transfers. Look for the chain from the original grant to the current seller.
- Check for consent. If there has been a transfer, ask for the Governor's Consent and registration.
- Search before paying. A solicitor's search and a physical inspection are not optional extras.
- Check the use. A residential C of O does not automatically permit a commercial development.
- Watch for excision and acquisition issues. The status of the land can change the whole transaction.
Not legal advice: this page explains the documents in general terms. It does not replace a solicitor's title investigation, a registered surveyor's plan or the state's current requirements.
Where valuation fits
Title affects value. A valuer should know whether the property has a clean, transferable interest, whether consent has been obtained and whether there are conditions that restrict use. If the title is unclear, the valuation can still be prepared on a stated assumption — but the assumption must be visible to the lender or buyer relying on it.