Duration to Get Governors Consent in Lagos State

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Duration to Get Governors Consent in Lagos State | Chaman Law Firm
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Duration to Get Governors Consent in Lagos State

Introduction

In Lagos State, land transactions form a core part of real estate and property development. Whether you are buying a parcel of land in Lekki, a residential property in Ikeja, or a commercial plot in Ajah, one essential legal requirement stands above all others — obtaining the Governor’s Consent.

This document is not just a formality. It is the legal proof that the Lagos State Government has recognized and approved your transaction. Without the Governor’s Consent, a Deed of Assignment, Sublease, or Mortgage remains incomplete and legally defective. The importance of this step cannot be overstated — it determines whether your ownership is enforceable under law or vulnerable to revocation and dispute.

However, the question most property owners ask is: “How long does it take to get Governor’s Consent in Lagos State?” The answer is not always straightforward because the time frame depends on several factors — document completeness, verification stages, and bureaucratic processes within government agencies.

This article provides a comprehensive, step-by-step explanation of what Governor’s Consent is, the legal basis behind it, the process for obtaining it, the realistic timeline, the factors that cause delays, and the best strategies for speeding up approval in Lagos State.

By the end of this guide, you will understand everything you need to know about Governor’s Consent — not just how long it takes, but also how to secure it correctly and efficiently.


Understanding Governor’s Consent Under the Land Use Act

The Land Use Act of 1978 revolutionized land ownership in Nigeria. Under Section 22 of the Act, all land in a state is vested in the Governor, who holds it in trust for the people. This means no individual can validly transfer ownership of land without the Governor’s prior consent.

Governor’s Consent, therefore, is the official approval granted by the Governor of Lagos State to validate any transfer or assignment of interest in land that already has a Certificate of Occupancy (C of O).

In simple terms, when land already has a C of O in someone’s name and that person sells or transfers it to another, the new buyer must obtain Governor’s Consent before the transaction is legally recognized.


Legal Basis for Governor’s Consent

The legal foundation of Governor’s Consent lies in Section 22 and 26 of the Land Use Act (1978).

  • Section 22 provides that:
    “It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease, or otherwise howsoever without the consent of the Governor first had and obtained.”

  • Section 26 further states that any transaction carried out without the Governor’s Consent is null and void.

This means a buyer who fails to obtain consent has no legal title, regardless of payment or possession.


Why Governor’s Consent Is Important

  1. Legitimizes Ownership: Confirms the transaction is lawful under Lagos State law.

  2. Prevents Multiple Sales: Once consent is registered, the government record shows the new owner’s name.

  3. Protects Against Revocation: Ensures compliance with the Land Use Act, protecting you from disputes or government takeover.

  4. Facilitates Loan and Mortgage: Banks only accept properties with perfected titles.

  5. Adds Market Value: Properties with Governor’s Consent are easier to resell or lease.

  6. Enables Legal Transfer: Future sales or assignments require your consent as the new owner.

Without consent, your property interest remains equitable, not legal — meaning you cannot fully enforce ownership rights in court.


When Do You Need Governor’s Consent?

Governor’s Consent becomes necessary when:

  • You purchase land or property that already has a C of O in another person’s name.

  • You are assigned or subleased land by a developer who owns the C of O.

  • You are mortgaging your property to a bank or institution.

  • You are transferring ownership through a Deed of Assignment, Deed of Sublease, or Power of Attorney.

If the property has no prior C of O, you should apply for a new Certificate of Occupancy instead.


The Process of Obtaining Governor’s Consent in Lagos State

The process is managed by the Lagos State Lands Bureau, located at Alausa, Ikeja, under the supervision of the Directorate of Land Services. The stages include:


Step 1: Preparation of Deed of Assignment or Transfer

The first requirement is a legally executed Deed of Assignment between the vendor and the purchaser. The deed must contain:

  • Full description of the property.

  • Names and addresses of both parties.

  • Consideration (purchase price).

  • Root of title (e.g., C of O number).

  • Execution and witness signatures.

A qualified lawyer should prepare and endorse the deed with a Jurisdictional Stamp as required by the Legal Practitioners Act.


Step 2: Application for Governor’s Consent

The buyer (through their lawyer) submits a formal application to the Director of Lands Services at the Lands Bureau, Alausa. The application includes all supporting documents (detailed in section 6).

Upon submission, an Acknowledgement Slip and File Reference Number are issued.


Step 3: Charting of the Property

The Surveyor General’s Office conducts a charting exercise using the survey plan to verify that:

  • The land is free from government acquisition.

  • It does not overlap with another registered plot.

  • It matches the legal description on the existing title.

If charting reveals the land falls within a committed government area, the process stops, and regularization becomes necessary.


Step 4: Verification of Ownership and Title History

The Lands Bureau verifies the authenticity of the existing C of O and confirms that the seller is the rightful owner. A search is conducted at the Land Registry to ensure no encumbrance, mortgage, or caveat exists on the property.


Step 5: Site Inspection

Officials visit the property site to verify its existence, development status, and boundaries. They may take photographs and physical coordinates to confirm accuracy.


Step 6: Assessment and Demand Notice

After verification, the Revenue Department issues a Demand Notice for payment of the following statutory fees:

  • Consent fee (typically 1.5% of property value).

  • Capital Gains Tax (10% of the profit made by the seller).

  • Stamp Duties (1.5%).

  • Registration fee (0.5%).

  • Charting and endorsement fees.

These fees vary based on location and property value.


Step 7: Payment and Receipts

Payments are made through designated banks or the Lagos State online payment platform. E-receipts are generated for record-keeping.

Failure to pay within the stipulated time frame may cause the file to be delayed or returned for revalidation.


Step 8: Drafting and Approval of Governor’s Consent

Once payments are confirmed, the file proceeds to the Legal Department for drafting of the Governor’s Consent letter. This document references the property’s title, location, and the names of assignor and assignee.

The draft is reviewed by:

  • The Assistant Director (Legal),

  • The Permanent Secretary (Lands Bureau), and

  • Finally, the Governor of Lagos State, who grants approval by signing the consent.


Step 9: Stamping and Registration at the Lands Registry

After approval, the documents are forwarded to the Stamp Duties Office for stamping under the Stamp Duties Act, then sent to the Land Registry for registration.

At registration, the new buyer’s name is entered into the Register of Titles, officially replacing the previous owner.


Step 10: Collection of Registered Documents

When registration is complete, the applicant or lawyer is notified to collect the registered Deed of Assignment and the Governor’s Consent Certificate bearing the Lagos State Seal.

These documents confirm full ownership under Lagos law.


Required Documents for Governor’s Consent Application

To avoid delays, ensure all the following are submitted:

  1. Duly executed Deed of Assignment (in triplicate).

  2. Photocopy of seller’s title (C of O, Gazette, or Governor’s Consent).

  3. Survey Plan (duly charted).

  4. Tax Clearance Certificates of both parties.

  5. Passport photographs of buyer and seller.

  6. Land Information Certificate from Land Registry.

  7. Site photograph and sketch.

  8. Application letter to the Director of Lands.

  9. Receipts of all statutory payments.

  10. Means of identification (National ID, CAC for companies).

Incomplete documentation is the leading cause of prolonged processing.


How Long Does the Process Actually Take?

While the Lagos State Government officially estimates 30 to 60 working days (6–12 weeks), the reality on ground is often longer.

In practice, the process may take between 3 months and 9 months, depending on several factors. Some complex cases, especially involving estates, joint ownership, or corporate sellers, can extend up to a year or more.


Timeline Breakdown of Each Stage

StageActivityEstimated Duration
Application & document submissionFile creation and acknowledgment1–2 weeks
Charting at Surveyor General’s officeVerification and site check2–3 weeks
Land Registry search & ownership verificationConfirmation of title2 weeks
Assessment & Demand Notice issuanceComputation of fees1–2 weeks
Payment processing & confirmationRevenue verification1–2 weeks
Legal drafting and approvalPreparation of consent document3–4 weeks
Governor’s signatureApproval and forwarding2–4 weeks
Stamping and registrationFinal record entry2–3 weeks

Total average duration: 12–24 weeks (approximately 3 to 6 months).


Factors That Affect the Timeline

  1. Incomplete documentation: Missing tax clearance or survey plan delays processing.

  2. Errors in Deed of Assignment: Inconsistent names or boundaries trigger queries.

  3. High application volume: Lands Bureau handles hundreds of files daily.

  4. Verification bottlenecks: Charting, inspection, and legal vetting require multiple departments.

  5. Outstanding ground rent or fees: Unpaid obligations stall consent approval.

  6. Human factors: File misplacement or administrative backlog may extend duration.


How to Speed Up the Process

  1. Engage an experienced property lawyer. Lawyers familiar with Lands Bureau procedures know how to prevent queries.

  2. Submit all documents complete and consistent. Double-check spellings, plot numbers, and signatures.

  3. Follow up regularly. Track file status weekly at Alausa or via online platforms.

  4. Pay all fees promptly. Avoid delays caused by late remittance.

  5. Avoid touts or middlemen. Transactions with unauthorized agents often lead to loss or fake documents.


Cost Breakdown for Governor’s Consent

Though fees vary by location and property value, typical cost components include:

  • Consent fee: 1.5% of property value.

  • Capital Gains Tax: 10% of vendor’s profit.

  • Stamp Duty: 1.5%.

  • Registration fee: 0.5%.

  • Charting and endorsement fees: minor administrative charges.

  • Legal fee: Usually 5% of property value, depending on complexity.

A standard residential property in Lekki valued at ₦50 million may cost between ₦1.5–₦3 million to process consent legally.


Can You Build or Sell Without Governor’s Consent?

Technically, you can develop land without obtaining consent, but the ownership remains imperfect. Without it, your transaction is not recognized by law, meaning you cannot mortgage, resell legally, or register ownership.

Furthermore, Section 26 of the Land Use Act invalidates any such transaction, which could later be revoked or contested.


Consequences of Not Obtaining Governor’s Consent

  1. The transaction is null and void in law.

  2. You cannot register your Deed of Assignment.

  3. You cannot obtain bank loans on the property.

  4. You risk losing ownership if the original holder sells again.

  5. You may face litigation for illegal possession.

Obtaining Governor’s Consent is therefore not optional — it is mandatory.


Difference Between C of O and Governor’s Consent

FeatureCertificate of Occupancy (C of O)Governor’s Consent
PurposeFirst allocation of landTransfer or resale of land
BeneficiaryOriginal allotteeSubsequent buyer
AuthorityGovernor issuesGovernor approves
Duration99-year leaseRemainder of existing term
FunctionConfers initial ownershipLegalizes transfer of ownership

Both documents carry the Governor’s signature but serve distinct legal functions.


Why the Process Takes Time in Lagos

The Lagos property market is massive, with tens of thousands of applications each year. The approval process involves multiple departments — Surveyor General, Land Registry, Legal, and Revenue offices — each performing verification checks to prevent fraud.

While digitization has improved efficiency, manual stages such as inspection, assessment, and stamping still cause delays.


The Role of Lawyers in Perfecting Title

Your lawyer’s role is not just to prepare documents but to ensure proper filing, follow-up, and legal compliance. A lawyer:

  • Conducts title searches.

  • Charts surveys and verifies authenticity.

  • Files consent applications.

  • Responds to government queries.

  • Ensures collection of stamped, registered documents.

Lawyer-guided applications are more likely to be approved on schedule.


Tips for Lagos Property Buyers

  • Always verify that the property has an existing C of O or Gazette before purchase.

  • Insist that the Deed of Assignment is executed in triplicate and properly stamped.

  • Apply for consent immediately after purchase — delays attract penalties.

  • Keep all receipts and correspondence in a safe file.

  • Avoid “urgent sellers” who discourage legal documentation.


How Digital Reforms Are Improving Timelines

The Lagos State Lands Bureau and Office of the Surveyor General are moving towards full digitization. The Lagos Electronic Geographic Information System (LAGIS) allows online charting, verification, and payment.

As these reforms expand, processing time for Governor’s Consent is expected to reduce from several months to as little as 4–8 weeks in the future.


Validity and Renewal of Governor’s Consent

Governor’s Consent remains valid for the lifespan of the C of O — typically 99 years. Renewal of consent only becomes necessary if the property changes ownership again or when the C of O lease term expires.


Common Mistakes to Avoid

  1. Submitting a survey that doesn’t match the title document.

  2. Using fake or unregistered agents.

  3. Omitting tax clearance certificates.

  4. Paying into personal accounts.

  5. Failing to follow up on file movement.

Every small error resets the timeline, so accuracy is key.


21. Frequently Asked Questions

Q1: Can I apply for Governor’s Consent myself?
Yes, but it is advisable to engage a property lawyer for efficiency.

Q2: How long does it take if my documents are perfect?
Typically 3–4 months.

Q3: Can I start construction while waiting for consent?
Yes, but legal title remains incomplete until consent is approved.

Q4: Can Governor’s Consent be revoked?
Only if obtained fraudulently or if the property is under acquisition.

Q5: Can foreigners apply for Governor’s Consent?
Yes, through an incorporated Nigerian company as provided by law.


Practical Example: Typical Lekki Transaction

Suppose Mr. A owns a plot in Lekki with a C of O. He sells to Mrs. B for ₦70 million.
After signing the Deed of Assignment, Mrs. B must apply for Governor’s Consent. The process involves survey charting, payment of approximately ₦2.5 million in fees, and registration at Alausa.

If her documents are perfect, the consent will likely be ready within 4 months. If queries arise, it may take 6–9 months.


The Role of the Land Information Certificate

Before filing for consent, obtain a Land Information Certificate to confirm the status of the property. It ensures the C of O exists and that the land is free from litigation or encumbrances.


How to Track Your Application

Applicants can visit the Lagos Lands Bureau at Alausa or use the e-Lands Portal to track file movement with the reference number provided on submission.


Benefits of Having Governor’s Consent

  • Legal ownership protected by law.

  • Freedom to mortgage or develop.

  • Easier resale or inheritance transfer.

  • Recognition in courts and financial institutions.

  • Peace of mind knowing your property is secure.


Conclusion

In Lagos, the journey to owning property doesn’t end when you pay for land — it ends when you perfect your title by obtaining Governor’s Consent. While the official timeline is between three and six months, efficiency depends on proper documentation, prompt payment, and professional handling.

Governor’s Consent is not merely a bureaucratic step; it is your legal shield against fraud, dispute, and revocation. Every serious property owner must take it seriously.

At Chaman Law Firm, we specialize in property law, title perfection, Governor’s Consent processing, and due diligence for both local and diaspora clients. We help you navigate the legal maze efficiently and ensure your ownership is fully recognized under Lagos State law.


Call to Action

Do you need professional assistance to process Governor’s Consent for your property in Lagos State?
Let our legal experts handle it seamlessly for you.

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