Ultimate Guide: Requirements for Processing Governor’s Consent in Lagos State 2024

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Ultimate Guide: Requirements for Processing Governor’s Consent in Lagos State 2024

Introduction

Acquiring real estate in Lagos State, Nigeria, is a major investment, but it comes with a critical legal requirement—obtaining the Governor’s Consent. This consent is a mandatory approval from the state government for any subsequent transfer of land interest after the first sale by the original owner (also called the “Holder of Statutory Right of Occupancy”).

Without this approval, property transactions can be declared null and void, making Governor’s Consent a vital step in securing your land ownership rights. The process, however, can be complex due to bureaucratic red tape, strict documentation requirements, and various financial obligations.

In this comprehensive guide, we will explore:

  • The legal basis for Governor’s Consent

  • Step-by-step requirements for obtaining it

  • The cost implications and expected processing time

  • Common challenges and how to overcome them

By the end of this article, you will have a thorough understanding of how to successfully process Governor’s Consent in Lagos State in 2024.

What is Governor’s Consent?

Governor’s Consent is the official approval required for the transfer of land ownership in Lagos State after the first allotment. It is granted by the Governor of Lagos State (or a delegated official) under the Land Use Act of 1978.

Legal Basis for Governor’s Consent

The Land Use Act classifies land ownership into Statutory Rights of Occupancy and Customary Rights of Occupancy. When an individual or entity sells land, the Governor’s Consent must be obtained before the new owner can legally take possession of the property.

Failure to obtain Governor’s Consent means that the transfer of ownership is incomplete and legally invalid, putting the buyer’s investment at risk.

Who Needs to Obtain Governor’s Consent?

If you are involved in any of the following transactions, you need to obtain Governor’s Consent:

  1. Purchasing land or property that has an existing Certificate of Occupancy (C of O)

  2. Mortgaging a property as collateral for a loan

  3. Leasing property for a long-term period (more than three years)

  4. Gifting land to another party

  5. Assigning part or all of your interest in a landed property

Essentially, any subsequent transaction involving land after the initial allocation requires this consent to be legally binding.

Step-by-Step Process of Obtaining Governor’s Consent in Lagos State (2024)

Step 1: Hire a Lawyer or Registered Land Surveyor

The process of applying for Governor’s Consent is highly technical. A lawyer or land surveyor will help ensure that all documents are in order, verify land titles, and liaise with government agencies.

Step 2: Obtain and Complete the Application Forms

The applicant must obtain and complete the Land Form 1C, which is available at the Lagos State Lands Bureau or online through the Lagos State Government’s e-GIS portal.

Step 3: Submit the Required Documents

The following documents are required for processing Governor’s Consent:

  • A copy of the Deed of Assignment (duly executed and signed by both parties)

  • Original title document of the land (e.g., Certificate of Occupancy or Registered Deed of Assignment)

  • A valid survey plan of the land (registered with the Surveyor-General’s Office)

  • Application letter addressed to the Governor of Lagos State

  • A duly completed Land Form 1C

  • A sworn affidavit verifying the transaction details

  • Current tax clearance certificates of both the buyer and seller

  • Payment receipts for consent fees

Step 4: Payment of Statutory Fees

The applicant is required to pay several statutory fees, which include:

  1. Consent Fee – typically 1.5% of the property value

  2. Capital Gains Tax10% of the property’s assessed value

  3. Stamp Duty0.75% of the property’s value

  4. Registration Feesapproximately 3% of the property’s value

Step 5: Document Verification and Site Inspection

After submission and payment, the Lagos State Lands Bureau will:

  • Verify all submitted documents

  • Conduct an official site inspection to confirm land details

  • Assess the value of the property for tax computation

Step 6: Approval by the Governor

Once all checks are completed, the file is sent to the Governor’s Office for final approval. If everything is in order, the Governor (or an authorized official) signs off on the application.

Step 7: Issuance of Governor’s Consent

The applicant will receive an official letter confirming that Governor’s Consent has been granted. The new ownership details will also be registered with the Lagos State Land Registry.

How Long Does It Take to Process Governor’s Consent?

The estimated processing time for Governor’s Consent in Lagos State is between 30 to 90 days, depending on factors such as:

  • Accuracy of submitted documents

  • Bureaucratic delays within government offices

  • Backlog of applications at the Lands Bureau

Common Challenges and How to Overcome Them

1. Delayed Processing

  • Solution: Ensure all documents are correctly submitted to avoid back-and-forth corrections.

2. High Costs

  • Solution: Plan for these costs in advance and use professional legal assistance to avoid unnecessary delays.

3. Fraudulent Land Sellers

  • Solution: Conduct a thorough land search at the Lagos State Land Registry before purchase.

4. Bureaucratic Red Tape

  • Solution: Engage a professional lawyer or real estate consultant to navigate the system efficiently.

Email: info@chamanlawfirm.com
Whatsapp: 08065553671

Tel: 08024200080

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