If you are buying land or a house in Nigeria, the Certificate of Occupancy is the document you will be asked about most and understand least. Sellers wave it. Agents promise it is “in process”. Families say the land is “covered”. And almost nobody explains what the certificate actually does, what it does not do, and why a piece of paper with a governor’s signature can still be worthless.
This guide covers what a C of O is, what it is not, how the application works in Lagos, what the fees are made of, and how to check one before you pay.
What a Certificate of Occupancy actually is
Under the Land Use Act 1978, all land in a state is vested in the Governor, held in trust for the people. Nobody in Nigeria owns land outright in the way a buyer from the UK or the US might assume. What you own is a right of occupancy – a right to occupy and use land for a stated period, granted by the state.
A Certificate of Occupancy is the formal document that records that grant. It states who holds the right, over which piece of land, for how long, and for what purpose.
Three things matter in practice:
It is a state grant, not a national one. A Lagos C of O is issued by the Lagos State Government. A certificate issued in Ogun State tells you nothing about land in Lagos.
It has a term. Statutory rights of occupancy are granted for a defined period, most commonly 99 years in Lagos and Abuja. A certificate issued in 1998 on a 99-year term has roughly 71 years left. That remaining term is part of what you are buying, and it should be priced in.
It is evidence of a right, not a guarantee of a clean history. A C of O can exist on land subject to a family dispute, a government acquisition, or a prior mortgage. The certificate records that a right was granted. It does not prove the person selling to you is free to sell.
That last point is where most buyers lose money, and it is why the C of O is the beginning of due diligence, not the end of it.
How it differs from the other documents
| Document | What it is | What it proves |
|---|---|---|
| Certificate of Occupancy | State grant of a right of occupancy | A right was granted by the Governor to a named holder |
| Governor’s consent | Approval of a transfer of an existing right | The state has consented to that specific transaction |
| Deed of assignment | The contract transferring the right | The parties agreed to transfer – not that the state approved it |
| Excision | Release of land from government acquisition | The community’s land is no longer under acquisition |
| Gazette | Official publication of that release | The excision was formally published |
| R of O / registered title | Record of the right in the land registry | The transaction was registered |
The practical sequence in most Lagos transactions is: land is excised and gazetted, a C of O is issued, and when it is sold the Governor’s consent is obtained, followed by a deed of assignment and registration.
Buyers commonly receive a deed of assignment and assume they are finished. They are not. Without the Governor’s consent, the transfer is not effective in law, and the state can treat the land as still belonging to the original holder. That single step is where a large share of Nigerian property disputes begin.
Who issues it
- Lagos: Lagos State Lands Bureau, under the Ministry of Physical Planning and Urban Development.
- Abuja: the Federal Capital Territory Administration, through the Department of Lands.
- Other states: the state Ministry of Lands and Survey, or the equivalent lands bureau.
Each state runs its own process, fees and timelines. Nothing transfers between them.
How the application works in Lagos
The sequence below reflects the Lagos process. Confirm the current version with the Lands Bureau before you pay anything, because the steps and the fee schedule change.
1. Confirm the land is not under government acquisition. This is the first call and the one people skip. If the land sits within an acquisition, no C of O will be granted regardless of what the seller holds. A land information search establishes this.
2. Commission a survey plan from a registered surveyor. The plan must be prepared by a surveyor registered with SURCON, tied to the state’s coordinate system, and stamped. If a seller hands you a plan, have it checked – fraudulent and duplicated plans are common.
3. Conduct a land information search. This is where you find out whether the land is free, under acquisition, already committed to someone else, or subject to a pending application. It is a small fee and the best money you will spend in the transaction.
4. Submit the application. The Lands Bureau requires the application form, the survey plan, evidence of ownership or entitlement, means of identification, tax clearance where applicable, and passport photographs.
5. Assessment and payment. The Bureau assesses the land and issues a demand notice. Fees are calculated on the assessed value of the land, not on what you paid for it.
6. Charting, documentation and issuance. The Bureau charts the land, prepares the certificate and issues it. This stage is administrative and is where most of the waiting happens.
What it costs
There is no single national price, and anyone who quotes you one is guessing or selling.
In Lagos, the fees are a set of charges calculated on the assessed value of the land. The components generally described in the process are an application fee, a consent or grant fee, capital gains tax, stamp duty, and a registration fee – plus survey costs, which you pay your surveyor rather than the state.
The assessment is issued by the Bureau after the application. Because the charges are percentages of an assessed value you do not control, the only reliable figure is the one on your demand notice. Treat any percentage quoted online – including in this article – as an assumption to be replaced by the actual assessment.
How long it takes
A straightforward application on unencumbered, already-surveyed land with documents in order moves in months. An application that requires resolving an acquisition, a boundary dispute or a missing prior title can take far longer. Anyone promising a C of O in weeks is either describing an existing certificate being transferred, or is not being straight with you.
How to verify a C of O before you pay
1. Search at the Lands Bureau. Search the plot, not the certificate. The registry can confirm whether the certificate exists, who it was issued to, and whether the land is encumbered.
2. Match the details exactly. Certificate number, holder’s name, plot and block, area in square metres, and the term. Fraudulent certificates often carry a real certificate number with altered names or plots. A mismatch between the certificate area and the survey plan is a red flag, not a typo.
3. Confirm the survey plan is genuine. Take it to the Lands Bureau or the surveyor-general’s office for confirmation that it is registered and that the coordinates match the land you are being shown. Visit the land with the plan in hand.
4. Check for prior transactions. A certificate can be clean and the land still promised to three buyers. The search should reveal registered interests – mortgages, assignments, caveats.
5. Check the term remaining. A 99-year term issued in 1995 leaves about 68 years. If you are buying leasehold, price the remaining term, not the original one.
If a seller resists any of these, that is your answer.
The scams that recur
- “The C of O is in process.” Sometimes true. Usually it means no application exists. Ask for the application reference and the demand notice, then verify both at the Bureau.
- A photocopy, never the original. A colour photocopy of a genuine certificate is easy to produce. Insist on the original and search the registry.
- A certificate for a different plot. The document is real; the land is not the land being sold. Check plot and block against the survey.
- Excision presented as a C of O. They are not the same. Excision releases land from acquisition. A C of O grants a right over it.
- Family land sold without the family’s authority. A C of O in one person’s name does not resolve a dispute over who was entitled to it.
Frequently asked questions
Is a C of O the same as ownership?
It is the strongest documentary evidence of a right of occupancy, and it is not the same as clean ownership. You also need the transfer consented to and registered, and the land free of disputes and encumbrances.
Do I need a C of O if the land already has one?
Not a new one – you need the existing one transferred to you properly, which means Governor’s consent, a deed of assignment and registration. Buying on a deed alone leaves the state record in the seller’s name.
How long is a C of O valid?
The term is stated on the certificate, commonly 99 years for statutory grants. It can be renewed.
Can I get a C of O on land I bought without one?
Yes, if the land is not under acquisition and your documents support the application. The application is made in your name with the survey plan and evidence of entitlement.
What is the difference between a C of O and a Governor’s consent?
The C of O is the original grant of the right. The Governor’s consent is the state’s approval of a later transfer. A transaction needs the second even when the first already exists.
Is a C of O required for a mortgage?
In practice, banks lend against registered, consented titles. A deed of assignment without consent is difficult to finance.
Last updated: October 2026. This guide is general information about Nigerian land documentation and is not legal advice. Confirm the current process and fees with the relevant state lands bureau, and have a lawyer review any transaction.
