What Is the Process of Obtaining a Certificate of Occupancy (C of O) in Lagos?
Introduction
In Lagos, a Certificate of Occupancy (C of O) is not a trophy; it is the foundation stone of financeable property rights. It is the Governor’s formal grant of a statutory right of occupancy—evidence that the State recognizes your interest in a defined parcel of land. Without it (or without a properly consented derivative title traceable to it), buyers struggle to refinance, developers fail to pre-sell, and heirs inherit paperwork instead of value. This comprehensive guide explains, in precise counsel’s language, what a C of O is, when it is appropriate (vs. Governor’s Consent), who can apply, the full documentary checklist, the workflow inside Government, common pitfalls, timelines and fees logic, and how to structure your application so a lender and a future buyer will accept it without argument.
One doctrine: Don’t chase paper—build a bankable file.
Part 1 — First Principles: What the C of O Is (and Is Not)
1.1 Definition & Effect
A Certificate of Occupancy is the Governor’s written evidence of a statutory right of occupancy over a defined parcel for a maximum term (typically up to 99 years from the grant date), subject to rent, covenants, and State powers under the Land Use Act.
1.2 When a C of O Is Appropriate
You seek a C of O mainly when:
The land is State land allocated to you (new grant).
The land is regularised/ratified from a historic occupation that Government has agreed to convert into a formal grant.
The land sits within released (excised/gazetted) areas where Government offers fresh statutory grants.
1.3 When a C of O Is Not the Right Path
Do not apply for a fresh C of O when you bought from an existing statutory holder. In that case, the proper route is a Deed of Assignment from that holder and Governor’s Consent to your deed (followed by stamping and registration). You cannot lawfully “double-title” the same ground with a new C of O because you came in by derivation, not by original grant.
Counsel’s test:
Original grant / regularization? → C of O.
Buying from a C of O holder? → Governor’s Consent to your deed (not a new C of O).
Part 2 — Pre-Application Gatekeeping (Do These Before You Touch a Form)
2.1 Survey & Charting (Non-Negotiable)
Commission a registered survey plan (hard + soft/CAD) with beacons and coordinates.
Have your surveyor chart the plot at the Office of the Surveyor-General of Lagos State (OSG) to confirm it is outside government acquisition/committed areas, rights-of-way, pipelines, canal/coastal setbacks, and overlaps. Obtain a written charting report.
2.2 Land Status & Planning Context
Establish root of title (if any historic paper exists).
Confirm layout/land-use policy for the area and whether the plot falls within a scheme where the State issues C of O directly (allocation, excision/regularization).
For developed sites, check planning/building permits status; infractions can stall issuance.
2.3 Encumbrance Hygiene
Run a Land Registry search if any prior instruments exist (older deeds/assignments/mortgages).
If applying for regularization (historic occupation), gather receipts or evidence of ground rent/land charges paid, demand notices, and any letters of offer/acknowledgment from Government.
2.4 Applicant Readiness
Decide your holding vehicle: personal, SPV/company, or private trust. C of O should be issued to the true owner to avoid later notations.
Prepare KYC: government ID, passport photographs, TIN, and where corporate, CAC status report and board resolution authorizing the application.
Part 3 — The Documentary Checklist (What Lagos Will Expect to See)
(Exact labels evolve; focus on substance rather than the names on forms.)
Identity & Capacity
Completed Application Form (C of O/Regularizations/Allocation, as applicable).
Means of identification, passport photographs, TIN.
Board Resolution (if company), CAC documents (RC cert, Status Report).
Power of Attorney (if an attorney applies), duly stamped/registrable where it conveys proprietary interest.
Land Particulars
Survey Plan (hard + soft/CAD) with beacon list.
OSG charting receipt/report confirming coordinates and freedom from acquisition/ROW/setbacks/overlaps.
Site photographs and sketch indicating access road(s).
Site inspection form (you’ll get/complete this during inspection stage).
Root/History (Scenario-Specific)
Allocation/Offer Letter (for state allocation) + evidence of payments.
Excision/Gazette pages (if within an excised community) + community conveyance to you (if that is your root).
Regularisation: evidence of long possession/occupation (old receipts, utility bills, community letters), any earlier local approvals.
If any prior instrument exists: copies of deeds/consents/registry particulars; no-encumbrance letter where available.
Fiscal & Compliance
Evidence of land charges/ground rent (if billed).
Tax evidence may be requested (personal/corporate).
Development/Planning: approvals or undertakings to comply (especially for built sites).
Counsel’s tip: Create a digital data room. Lagos respects tidy files. Lenders do too.
Part 4 — The Workflow Inside Government (End-to-End Map)
While Lagos refines portals and internal desks over time, the functional path remains consistent. Think in seven gates:
Gate 1 — Application Intake & Fee Assessment
Submit completed application with supporting documents at the designated desk/portal.
Pay application fees and any pre-charting/verification charges (receipts are essential).
Obtain an acknowledgement with reference number. Diary it.
Gate 2 — Survey Verification & Charting Confirmation
OSG validates your coordinates against State layers.
If clean, your file moves; if not, you are asked to rectify (overlap, setback, ROW).
Outcome: pass → proceed; fail → cure or walk.
Gate 3 — Site Inspection
Field officers visit to confirm that land on paper = land on ground: beacons, access, use, encumbrances/occupants, and (if developed) basic conformity.
Practical tip: Ensure someone knowledgeable is on site with survey prints to answer questions; label beacons visibly.
Gate 4 — Title/Legal Review
Land Services vets your root/regularization path, confirms no conflicting claims on file, and checks your chain (if any).
Queries (if any) are raised; respond in writing with supporting documents.
Gate 5 — Fiscal Assessment & Offers
Government assesses ground rent, premium (if any), charting/processing, registration, and consumables.
You receive a schedule of fees. Pay promptly and file evidence of payment.
Gate 6 — Drafting & Execution of the Instrument
The State prepares the C of O instrument: legal description (coordinates), term, rent, covenants.
Internal endorsement chain runs (Surveyor-General; Land Services; Attorney-General or delegated counsel; Governor or authorized signatory).
Sealing and registration particulars are applied.
Gate 7 — Collection & Records
You or your counsel receive the executed C of O (often with a cover letter or collection slip).
File notarized digital scans; place original in a fire-rated safe.
Update insurance, estate/facility records, and tax diaries to reflect the new title.
Golden rule: Keep every receipt, acknowledgement, and query response. Your completion pack should read like a finance-grade file.
Part 5 — Timelines & Fees Logic (How to Plan Rationally)
Timelines depend on: completeness of your pack, charting outcomes, queries raised, and internal workloads. Treat brochure promises skeptically.
Fees typically include: application/processing, survey verification, ground rent (pro-rated), premium (scenario-dependent), registration, and consumables.
Budget for professional costs (survey, legal, courier, notarization) and allow contingencies for rectification where overlaps or ROW issues arise.
Counsel’s stance: Publish only categories of fees in your pro-forma. Specific rates move; discipline does not.
Part 6 — Special Scenarios (How They Change the Playbook)
6.1 State Allocation (Greenfield)
Root is the allocation itself.
You’ll pay allocation fees, then proceed through the seven gates to C of O issuance.
6.2 Excision/Gazette Environments
Excision/gazette is a boundary story, not title.
The State may issue C of O directly to end-buyers within the excised polygon, or you may first take a community conveyance and then pursue regularization/consent pathways.
Never proceed without OSG confirmation that your polygon sits inside the excised area.
6.3 Regularizations/Ratification (Historic Occupation)
Evidence of long possession, rates, and recognition by authorities improves prospects.
Expect site inspection to be rigorous.
Be prepared to cure planning or boundary anomalies as conditions before issuance.
6.4 Corporate/SPV Applicants
Ensure the C of O bears the correct legal owner (the SPV), not an individual.
Board resolutions and tax status matter.
This structure improves bankability and future share-sale exits.
Part 7 — Common Pitfalls (And How to Avoid Them)
Applying for a fresh C of O when the proper route is Governor’s Consent.
Fix: If you are a transferee from a C of O holder, pursue Consent → Stamp → Register on your Deed of Assignment.Uncharted or doctored surveys.
Fix: Demand soft-copy coordinates; obtain OSG charting in writing; physically re-peg beacons.ROW/pipeline/drainage/coastal setback encroachments.
Fix: Redesign before application or walk away. Setbacks are not negotiable.Incomplete files and late responses to queries.
Fix: Run an internal pre-submission audit; answer every query with documents, not stories.Wrong applicant name/vehicle.
Fix: Decide ownership vehicle first; if you must migrate later, plan for consent/novation costs and delays.Ignoring planning status of existing structures.
Fix: Cure LASPPPA/LASBCA issues (or provide undertakings) before the file seeks execution.Poor record-keeping.
Fix: Build a data room; keep notarized digital copies; inventory originals on a signed schedule.
Part 8 — How a Developer Should Sequence C of O With Sales & Finance
Assemble → Chart → Contract to Acquire (escrow, conditions precedent).
Apply for C of O (or Consent if derivative), cure planning, and complete infrastructure designs.
For off-plan: escrow all buyer funds; release only against engineer-verified milestones.
For finance: lenders want a clean title path (C of O or consented deed), OSG clean report, planning evidence, and security documents (legal mortgage, all-assets debenture, loss-payee endorsements in insurance).
Part 9 — Step-By-Step Counsel’s Checklist (Print & Use)
Before Application
Decide C of O vs Governor’s Consent (derivative).
Prepare survey (hard + soft); obtain OSG charting (written).
Collate identity/KYC; choose ownership vehicle.
Gather root/regularization evidence (allocation/excision/possession).
Run Land Registry search if prior instruments exist.
Submission & Processing
File application; pay prescribed fees; keep receipts.
Facilitate site inspection (maps, beacon markers, access).
Respond to queries promptly in writing.
Pay ground rent/premium/registration as assessed.
Execution & Collection
Track endorsement path (survey → legal → signatory).
Collect executed C of O; obtain registration particulars.
Notarize digital scans; safe-keep originals.
Aftercare
Update insurance, estate/FM records, and tax diaries.
If financing, lodge security; if selling/long-leasing, prepare consent-ready packs for buyers.
Part 10 — Sample Clauses & Letters (Illustrative Language)
A. Board Resolution (Corporate Applicant)
“It was resolved that the Company shall apply for a Certificate of Occupancy over Plot [•••], [LGA], Lagos State, and that [Name/Title] is authorized to sign and submit all forms, pay prescribed fees, and collect the executed instrument.”
B. Attorney Authority (Individual Applicant Using Counsel/Agent)
“I, [Name], hereby authorize [Law Firm] to submit, process, and collect my Certificate of Occupancy application in respect of the property described as [coordinates/plot description], and to receive all correspondence on my behalf.”
C. Query Response Cover (Tone & Structure)
“We refer to your memo dated [•••]. Please find enclosed: (i) OSG charting report ref [•••], (ii) site photographs with beacon markers, (iii) evidence of ground rent payment, and (iv) CAC Status Report. We trust this cures all outstanding points.”
(Always tailor to facts; these are directional.)
Part 11 — FAQ (Concise Counsel)
Q: Can I “upgrade” my deed to a C of O after purchase from a C of O holder?
A: No. Your route is Governor’s Consent to your Deed of Assignment, stamping, and registration.
Q: How long does C of O processing take?
A: It depends on file completeness, charting, queries, and internal workloads. Plan for variability; build a disciplined paper trail.
Q: Will a C of O cure a house built inside a drainage setback?
A: No. Setback/ROW encroachments are planning/enforcement problems; they block issuance and invite demolition risk.
Q: Can the State revoke a C of O?
A: The Governor may revoke for overriding public interest as defined by law, subject to compensation rules. This is why charting and planning compliance are vital before grant.
Part 12 — Model Documents Index (What Your File Should Contain)
Application form + acknowledgement
KYC (individual or corporate), board resolution
Survey (hard + soft), OSG charting report
Root evidence: allocation/excision/regularization papers
Site photos, inspection form
Fee receipts (application, charting, ground rent/premium, registration)
Query responses + enclosures
Executed C of O + registration particulars
Notarized digital scans + originals inventory sheet
Part 13 — Red Flags (Terminate or Restructure With Strict Conditions)
Seller pushes for a fresh C of O even though you are a derivative buyer (your proper route is Consent).
Uncharted survey; beacons not on ground; coordinates “change” after questions.
Plot straddles ROW/pipeline/drainage/coastal setbacks.
“Inside gazette” claims without page/schedule and OSG confirmation inside the polygon.
File has incomplete KYC, unclear corporate authority, or missing receipts.
Queries ignored; answers given by phone instead of documented replies.
Conclusion
A Lagos C of O is a legal instrument to be engineered, not a certificate to be chased at random. If you respect the architecture—survey & OSG charting, correct route selection (C of O vs Consent), a complete file, disciplined query management, and meticulous records—your grant will be issued, your lenders will be comfortable, and your future buyer will pay a premium. If a bank would not lend on your file today, you are not ready to apply today.
Call to Action
Secure a bankable Lagos title—without stress.
Engage Chaman Law Firm to handle your C of O or Governor’s Consent end-to-end: survey/OSG charting, Land Registry checks, application drafting, query management, fee scheduling, collection, and post-issuance perfection and records.