PROCEDURE FOR OBTAINING GOVERNOR CONSENT
The concept of Governor’s consent is an integral part of land transactions. It is one of the steps required to perfect title on land in Nigeria. The other steps are stamping and registration. This concept can be found in the Land Use Act 1978 which is one of the current major laws governing land transactions in Nigeria.
Consent is often required for the perfection of any land transaction. This is because by virtue of section 1 of the Land Use Act, the Governor of each state is in control of all the land in the state, therefore for any transaction, such as sale of land, mortgage etc. over a land to be valid, the Governor must give consent.
However, By the provisions of the Land Use Act, a non-Nigerian cannot apply for the right of occupancy as the Governor of each State holds land for the use and benefits of Nigerians only.
It is observed that since the Governor of each state holds land in trust for the common use and benefits of all, his consent ought to be sought and obtained before any land transaction is deemed perfected. Section 22 of the Land Use Act
With this power, the Governor has the right to grant consent to any transaction which it thinks has not contravened any law of the land and if the consent has been obtained fraudu
PROPERTY TRANSACTIONS THAT REQUIRE GOVERNOR’s CONSENT
The property transactions that require a Governor’s Consent include the followings:
REQUIREMENTS FOR OBTAINING GOVERNORS CONSENT.
1. Completed Form 1C- which must be signed by the purchaser and vendor that has a Gazette or certifacate of occupancy signed by the governor
2. An application letter by the Attorney of the applicant for Governor’s consent.
3. A certified original copy of the Title document of the property.
4. Four copies of a Deed of Assignment or deed of Sub-lease or Power of Attorney prepared by the applicant’s solicitor.
5. Chartable survey plan
6. Passport of the Assignee
7. Current tax clearance certifiate of the parties involved in the transaction.
8. Evidence of payment of tenement rate or statement in lieu of this where property is underdeveloped.
9. The consent form will be stamped from the beginning to the end and upon completion of payment of the required fees, the Governor or his representatives such as the Commissioners will sign and date the consent form and stamp it with the official Seal.
10. The Land Bureau will assign a consent number to the document for reference purpose for life and it is with this consent number that the documents will be registered and recorded in their archive for future purposes.
Steps for Obtaining Governor’s Consent In Lagos State Nigeria
An application letter must be directed to the Lagos state director of land services and the land directorate. This letter must also include the addresses and phone numbers of the parties to the transaction.
Land Form 1c which must be duly signed and dated by the parties to the transaction and sworn to before a magistrate or notary public.
The above documents are then sent to the office of the Surveyor-General of Lagos state for charting. The importance of charting in Lagos cannot be overemphasized. Charting is basically the process of knowing the acquisition status of the land. The survey can be carried out upon the successful charting of the land.
When a survey has been carried out on the documents sent to the Surveyor General’s office and no defect is detected, a clean report is sent to the land bureau and a demand notice is issued to the applicant for the following fees upon assessments the consent fee, capital gain tax, stamp duty and registration fee.
All the fees are paid via bank draft in favour of the Lagos State Government and receipts are given for these payments.
Finally, upon the completion of the entire process, the application is sent to any Commissioner specifically designated for that purpose by the Governor to sign the land document. When this has been done, the document is sent back to the applicant to pay stamp duty and the registration fee on the property.
The title number is issued at the end process, which indicates the property has been duly perfected having obtained the Governor’s consent in accordance with the law.
However, the bureaucratic procedures involved in obtaining the Governor Consent in Lagos state creates a daunting experience. The expected duration for obtaining governor’s consent is 30 days, but the reality is that it could extend for as long as 6 months or even 1 year. Also, one could end up spending more than expected to be spen
Meanwhile, to ease the stress of acquiring documents for property bought in Lagos State, the state government is introducing the new Electronic Certificate of Occupancy.
The current paper, Certificate of Occupancy being used in Lagos state will be phased out and replaced by a more secure electronic land title format in line with acceptable international standards on land administration and management.
Calculation for the charges for governor consent :
The assessment for consent charges is based on location and the applicable fair market value (FMV) compiled and published in Lagos State Official Gazette No. 10 Vol. 48, Some portion of the Fair market value is reproduced below
The Consent Fee on Mortgages is fixed at 0.25% of the loan which is equivalent to ₦2,500 per ₦1 million of loan. The Registration Fee at 0.5% of the loan which is equivalent to N5,000 per N1 million of loan.
Multiply the size of the land by the applicable fair market value rate in the State Official Gazette.
Multiply the spot assessment rate in the table below by the number of units of accommodation.
Consent Fee – 1.5% of fair value of the land (3% in cases of State Land allocation where statutory right of occupancy has run for less than 10 years).
Capital Gains Tax- 0.5% of fair value of the land
Stamp Duty- 0.5% of fair value of the land
Registration Fees- 0.5% of fair value of the land.
Improvement Charges (for private and excised lands) – Size of land X N2/m2 X Number of years of relevant title.
ADVANTAGES OF OBTAINING GOVERNOR’S CONSENT IN RESPECT OF A LAND.
1. Evidence of ownership
2. Higher property value
3. Security of title
4. Ease of transaction.
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