What does it mean when the Governor of Lagos State of Nigeria gives his or her “consent” for a land transaction? Does the Governor’s Consent pass off as one of the valid land title documents in the State?

In this article, we explain the concept of Governor’s Consent and how it solidifies the sale of lands in Lagos State.

Let’s Go Back in Time

The introduction of the Land Use Act (LUA) of 1978 entrusted the lands in the State in the hands of the Governor – who has the right to authorize certain transactions.

By this foregoing, the Governor of Lagos State of Nigeria is in-charge of the lands in the State and provided the new owners fulfilled the required obligations; they will be entitled to getting the Governor’s Consent.

So, what is the Governor’s Consent?

It is the action the Governor of the State takes to consent, agree or permit the sale and or completion of a land transaction in the State.

Before anyone goes ahead to seek for this consent, certain processes must be followed. Likewise, you need the Governor’s Consent for specific purposes.

When is the Governor’s Consent Sought?

You will typically seek this consent when selling a land that has a Certificate of Occupancy (C of O). A little backstory – the C of O is a land title document conferring on the holder the rights to own and use the land for a period of 99 years.

Within this timeframe (99 years), the person holding the C of O is considered:

  • The first person on the land.
  • As the first person to occupy a virgin land.
  • To be someone who occupies a land that is free of government acquisition.

Then, if you are prompted to sell the land for any reason, you may not be able to do without the “say-so” of the State’s Governor.

Hence, the Governor’s Consent is sought and obtained when:

  • Selling a land that has a C of O as the land title.
  • Looking to transfer the ownership of a land to someone else.
  • A land is being sold within the 99 years tenor of getting the C of O.
  • The new owner(s) of the land wants to sell the land in the future. The idea is that for each resells, the Governor’s Consent must be obtained, provided the land has a C of O.

Requirements for Processing the Governor’s Consent in Lagos

Before the consent can be appended, the following will be required of you:

  • An application letter addressed to the Land Directorate and the Director of Land Services in Lagos State.
  • Sketch map of the land’s location.
  • The vendor’s passport photographs – 4 pieces of 5×5 with white background.
  • 3 copies of Instruments of transfer/Deeds of Assignment/Mortgage, with clear survey plans attached.
  • Administrative charges for land services.
  • Completion and duly-signed copy of the Land Form 1C by the parties to the transaction (the seller and the buyer).
  • A photocopy of the processing officer’s Identity Card.
  • The applicant’s Letter of Authority, including a valid means of identification.
  • Certified True Copy (CTC) of title of the property/the root title.
  • Receipt of paying the sum of 10,000 Naira for the Form 1C, Charting and Endorsement.
  • Evidence of both parties’ payment of tax.
  • Site photographs (photos of the property), including the date and time.

Step-by-Step Guide to Getting the Governor’s Consent in Lagos

Below is the workflow for getting the Governor’s Consent in Lagos State:

1. Document Submission

Start by making a formal application for the Governor’s Consent, by sending a covering letter with functional email addresses, telephone numbers and physical addresses of the parties to the transaction.

Direct the letter both to the Lagos State Director of Land Services and the Land Directorate.

You will then obtain and have the Land Form 1C duly signed and dated by the parties to the transaction. This form will also be sworn to either before a notary public or a magistrate.

2. Wait for the In-House Processing

The aforementioned documents will be sent to the Office of the Surveyor-General of Lagos State for charting.

The charting process is in-house and helps to ascertain the acquisition status of the land (whether it is free of government acquisition).

3. Pay the Fees

If the charting process is successful, a survey will then be carried-out. On completion, a clean copy of the survey is forwarded to the Land Bureau where a demand notice is raised. The fees you are to pay are as follows:

  • Registration fee
  • Consent fee
  • Stamp duty and;
  • Capital gain tax.

Make the payments in the form of a bank draft to the Lagos State Government. Tender the receipts for confirmation.

4. The Final Processes

The last stages of getting the Governor’s Consent include:

  • Forwarding the application to the State Commissioner assigned with such responsibility.
  • The document is signed and sent to the applicant to settle the registration fee and stamp duty on the property.
  • The issuance of the title number, which confirms the completion of the process, i.e., the obtaining of the Governor’s Consent on the land.

How Much Does the Governor’s Consent Cost in Lagos?

As per the information obtained from the Land Bureau website, the cost of getting the Governor’s Consent is generally calculated by the Fair Market Value (FMV) of the land.

The issued demand notice makes these provisions on the breakdown of the fees payable by the applicant:

a. Buildings

The cost breakdown for buildings include:

  • Stamp Duty: 0.5% of the land’s fair value.
  • Consent Fee: 1.5% of the land’s assessed value.
  • Registration Fee: 0.5% of the land’s value.
  • Capital Gains Tax (CGT): 0.5% of the land’s fair value.
  • Neighborhood Improvement Charges (NIC): this is charged for either the excised or private lands. The calculation is the size of the land x 2 Naira/m2 x the number of years of relevant title.

b. Mortgages

For mortgages, the cost of getting the Governor’s Consent includes:

  • Consent Fee: 0.25% of the loan.
  • Registration Fee: 0.5% of the loan and;
  • Gift Transactions: 0.5% of the loan.

Note: It’s not mandatory for the applicants and beneficiaries to pay the Capital Gain Tax (CGT).

Final Thoughts

The Governor’s Consent serves as a valid land title in Lagos, because it authorizes the C of O holder to resell the land. In the future, when the new owner wants to sell, he or she should also get the Governor’s Consent to legalize such as a transaction.

Would you like to buy land or house in Epe, Ajah, Lekki, Ibeju-Lekki or anywhere in Nigeria? Reach out to us on +234 806 400 3456 or send an email to support@godslandempire.com. We are ever ready to assist you on your property ownership journey in Nigeria.