How long does it take to get Governor’s Consent in Lagos
Introduction
In Lagos property transactions, Governor’s Consent is the line between enthusiasm and bankable rights. If you are buying from a holder of a Certificate of Occupancy (C of O) or a prior assignee, you are not entitled to a new C of O. Your lawful path is to take a derivative instrument (e.g., a Deed of Assignment) and obtain the Governor’s Consent to that deed—then stamp and register it. Without Consent, your chain is broken; lenders balk; resale slows; and a sophisticated buyer’s counsel will price in risk or walk.
This comprehensive guide explains, in plain counsel’s language, what Governor’s Consent is, when the law requires it, the exact documentation, the end-to-end workflow, realistic timing drivers, practical cost heads, how to structure your contract to protect yourself while Consent is pending, and how to keep your file “finance-grade.” Use this as your operational playbook in Ikoyi/VI, Lekki–Ibeju, Yaba/Mainland, Epe/Badagry, and industrial corridors.
Doctrine: Never pay for land—pay for bankable, consented rights.
1) First Principles: What Governor’s Consent Is (and Isn’t)
Definition: Under the Land Use Act, a holder of a statutory right of occupancy (e.g., a C of O grantee) cannot lawfully assign, mortgage, sublease, or otherwise transfer that interest without the Governor’s Consent.
Effect: Consent validates the derivative transfer (your Deed of Assignment/Sublease/Mortgage). With stamping and registration, your interest becomes enforceable and searchable.
Not a New Title: Consent does not replace the C of O; it endorses your deed and recognises you in the chain. “Applying for a fresh C of O” when you are a transferee is wrong in law and practice.
Counsel’s test:
Buying from a C of O holder or assignee? → Deed + Governor’s Consent + Stamp + Register.
Only in original grants/regularization contexts do you pursue a fresh C of O.
2) When Exactly Is Consent Required?
Assignment/Conveyance of a statutory right (sale of land/house coming from a C of O chain).
Sublease of a statutory interest beyond short occupational licences.
Legal Mortgage over a statutory interest.
Power of Attorney that conveys proprietary interest (if registrable as an instrument).
Post-merger or internal re-organisation transfers where beneficial ownership moves between distinct legal persons.
Practical rule: If the instrument affects title or priority, budget for Consent, Stamp Duties, and Registration.
3) The Documentation You’ll Need (Buyer & Seller Pack)
Identity & Capacity
Buyer/vendor KYC (government ID; passport photos; TIN).
If corporate: CAC Status Report, Memo & Arts/Constitution, Board Resolution authorising the transaction; IDs of signatories.
If attorney-in-fact: registrable Power of Attorney (duly stamped if it conveys interest).
Title & Property Particulars
Root of Title: C of O/Allocation/Excision + derivative deeds down to vendor.
Deed of Assignment/Sublease/Mortgage (execution pages and full instrument).
Registered Survey Plan (hard copy) + soft copy (CAD/DXF) for charting confirmation.
OSG Charting evidence (showing no acquisition/ROW/overlap/setbacks).
Land charges: Land Use Charge receipts; ground rent/land charges receipts.
Estate/FM: no-arrears letter (for gated estates); layout/approval extracts for clarity.
Fiscal & Compliance
Evidence of consideration (acknowledged purchase price).
Stamp Duty computation/receipts (if stamping has been pre-coordinated).
Tax evidence may be requested depending on the scenario.
Counsel’s tip: Build a digital data room (search results, scans, receipts, correspondence). It accelerates queries and makes lenders comfortable.
4) The Workflow (End-to-End Map)
The internal desks and portal names may evolve, but the functional sequence is stable:
Application Intake & Assessment
File application for Consent with the executed Deed and supporting documents.
Pay processing/assessment fees; obtain acknowledgement and reference.
Title Vetting & Chain Review
Registry verifies root (C of O/Allocation/Excision) and continuity of chain down to vendor.
If a historic link lacks Consent, you’ll be asked to cure (secure that missing Consent or provide lawful substitutes as directed).
Survey/Charting Confirmation
Coordinates are checked against acquisition/committed layers, excision polygons, ROW/pipelines, coastal/drainage setbacks, and overlaps.
Discrepancies trigger rectification survey requirements.
Fiscal Computations
Consent fee (percentage logic varies by policy), Stamp Duties, registration, charting/verification, ground rent pro-rations (if applicable).
You receive a fee schedule; pay and keep official receipts.
Legal Review & Endorsement
Government counsel reviews the Deed for form, parties’ capacity, property description, recitals, covenants, and consistency with the chain.
Draft Consent endorsement is prepared for execution by the authorised signatory.
Execution, Sealing & Registration
Consent is endorsed on the Deed (or an annex/folio, depending on workflow).
Instrument is stamped (if not already), registered, and assigned particulars (volume/folio or e-folio).
Collection & Records
You or your lawyer collects the consented and registered Deed (plus search extract/CTC where ordered).
Update your insurance, estate records, and tax diaries; store originals in a fire-safe and notarised scans in a digital vault.
5) How Long Does Governor’s Consent Really Take?
Honest answer: it depends on your file, your chain, and your discipline. What controls timing:
Completeness & quality of your pack at filing.
Charting outcome (clean vs. overlap/ROW/setback cure).
Chain defects (e.g., missing Consent on a historical link).
Queries and how fast you cure them with documents.
Internal workload and batching cycles at the Registry/Surveyor-General’s office.
Name/description mismatches across deeds and surveys.
Counsel’s planning norm: treat Consent as a project with milestones, not a date to promise in a brochure. Build in buffers; never release buyer funds except through escrow tied to conditions precedent with a long-stop date.
6) The Cost Heads (Budget Like a Professional)
Processing/Assessment/Consent fee (policy-driven % or banding).
Stamp Duties (ad valorem on consideration) + penalties if late.
Registration fees (per instrument).
Charting/verification charges.
CTC/search fees (for finance-grade files).
Professional costs: surveyor updates/rectification, legal, courier, notarisation.
(Rates change; structure your agreements around categories of fees and agree who pays what.)
7) Why Consent Matters (Bankability, Resale, Litigation Avoidance)
Bankability: Lenders prefer consented & registered deeds; it anchors priority for mortgages and reassures credit committees.
Resale & Valuation: Sophisticated buyers pay a premium for verification speed. A consented chain attracts shorter legal diligence and stronger offers.
Litigation Avoidance: Consent cures statutory defects in derivative transfers. Without it, your chain is vulnerable.
Rule: If a bank wouldn’t lend on the file today, you’re not done today.
8) Contract Architecture While Consent Is Pending (Buyer-Protective)
A. Heads of Terms (HoT) / Offer Letter
Deposit into escrow (law-firm/bank).
Exclusivity window; list of deliverables; Conditions Precedent (CPs) to completion.
Long-stop date; termination/refund mechanics; dispute resolution (mediation → arbitration).
B. Contract of Sale (Exchange Document) — Must Include
Precise description (survey annexed).
Warranties: good title; authority; no undisclosed encumbrances; planning compliance; chain continuity.
CPs: (i) issuance of Governor’s Consent to Buyer’s Deed, (ii) discharge/release of any mortgage/charge and filing evidence, (iii) OSG clean charting, (iv) delivery of originals.
Indemnities for title defects and third-party claims.
Retention/Holdback until Consent is endorsed and registry particulars issued.
Escrow mechanics and refund if CPs fail by long-stop.
C. Deed of Assignment/Sublease (Perfection-Ready)
Full recitals; operative words; covenants for title; correct execution (company seal/signatories).
Annexures: survey plan; estate/layout extracts where relevant.
Illustrative CP Clause
“Completion is conditional upon issuance of Governor’s Consent to the Deed of Assignment in favour of Buyer and delivery of registration particulars, together with written evidence of discharge of any mortgage/charge and an OSG charting report confirming no acquisition/ROW/setback/overlap.”
9) Due Diligence You Must Complete Before Filing for Consent
Land Registry Search + CTCs (root, chain, consents, charges, discharges).
OSG charting using soft-copy coordinates; cure overlaps/ROW/setbacks.
Court registry sweep (lis pendens/caveats).
CAC search (if corporate vendor): directors, registered charges, signatory authority.
Estate/FM: layout, constitution, audited service-charge statements, no-arrears letter.
10) Special Situations (Tailored Guidance)
Historic Link Without Consent: Make issuance of that historic Consent a CP; or restructure (e.g., ratification/confirmatory deed) only if legally sound and accepted by Registry policy—then still consent your deed.
Mortgage/Charge on File: Obtain Deed of Release/Discharge and ensure filing; keep escrow holdback until registry update.
Excision/Gazette Environments: Ensure your plot lies inside the excised polygon (OSG confirmation) and that your seller’s chain is derivative from the valid root. Then consent your deed.
Waterfront/Setback & Drainage Corridors: Charting must explicitly clear coastal/drainage/pipeline/power setbacks before exchange; consent won’t cure a planning/ROW violation.
11) Red Flags — Walk or Restructure with Heavy Protections
Seller resists Registry/OSG searches or escrow.
“Mother title” brandished without a plot-level derivative for your coordinates.
Survey uncharted; beacons missing; coordinates “change.”
Historic assignment lacks Consent and no credible cure plan.
Estate with glossy marketing but no approved layout, no engineered drainage, unaudited service-charge.
Demands to pay outside escrow while Consent is “in process.”
12) Practical Timelines: How to Keep Files Moving
Pre-clear the survey (OSG charting) before exchange.
Name hygiene: ensure names & descriptions match across instruments to avoid clerical queries.
Bundle CTC requests with Consent filing to save cycle time.
Respond to queries in writing with annexed documents—no phone promises.
Diary every receipt and acknowledgement; maintain a single point of contact.
13) Bank & Investor Optics (What Credit Committees Want)
Consented & registered Deed with clear particulars.
OSG-clean charting report.
CTC pack (root, chain, consents, mortgage releases).
Planning/permit evidence (if developed).
Insurance with lender loss-payee endorsements (for financed assets).
No-arrears letters (LUC, ground rent, estate dues).
Digital vault of notarised scans; originals inventoried and safe-kept.
14) Developer Playbook (Sales While Consent Is Pending)
Use escrowed, milestone-based off-plan collections; no direct cash to marketers.
Issue consent-ready deed packs to buyers at handover.
Publish audited service-charge frameworks and estate constitutions pre-launch.
Sequence: Assemble → Chart → Exchange (CPs) → Consent → Register → Mortgage/Sell.
15) Buyer’s One-Page Checklist (Print & Carry)
Root + complete chain (CTCs ordered)
Deed of Assignment (perfection-ready; survey annexed)
OSG charting report: clean (no acquisition/ROW/pipeline/coastal/drainage/overlap)
Land Registry search: proprietor/encumbrances; discharge evidence if any
Estate: layout, constitution, audited service charge, no-arrears letter
Contract of Sale: warranties; CPs (Consent, OSG, discharges, originals); indemnities; escrow; long-stop; retention
Stamp → Register diarized; receipts tracked
Insurance and records updated; digital vault built
16) Sample Clauses (Illustrative—tailor to your facts)
Escrow & Long-Stop
“All monies shall be held in escrow and released only upon written confirmation that Governor’s Consent has been endorsed on the Deed and registration particulars issued. If Consent is not issued by the Long-Stop Date, Buyer may rescind and receive a full refund within five (5) business days.”
Indemnity
“Vendor shall indemnify Buyer against all losses arising from any defect in title, undisclosed encumbrance, or failure to obtain Governor’s Consent due to facts predating exchange.”
Retention
“₦… (or …%) of the price shall be retained in escrow until evidence of Consent endorsement and any discharge filings is produced.”
17) FAQ (Concise Counsel)
Q: Can I sell before Consent is issued?
A: You may contract subject to Consent with escrow/CPs, but completion (and bankability) depends on Consent → Stamp → Register.
Q: Does stamping or registration alone cure lack of Consent?
A: No. All three matter: Consent, Stamp Duties, Registration—in that logic.
Q: Can I “upgrade” to a C of O instead of getting Consent?
A: No. As a transferee, your route is Consent to your Deed.
Conclusion
Governor’s Consent is not a bureaucratic ritual—it is the legal oxygen of Lagos secondary transfers. If you engineer your file with chain continuity, OSG-clean boundaries, escrowed contracts with CPs, and immediate perfection, you will refinance, resell, and sleep. If a bank would not lend on your documentation today, you are not ready to complete today.
Call to Action (WordPress CTA)
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Engage Chaman Law Firm to run your Governor’s Consent end-to-end: title/chain audit, OSG charting, Land Registry searches & CTCs, fee scheduling, query management, escrowed contracting, stamping, registration, and handover of a bankable completion pack.
