Certificate of Occupancy in Nigeria: How to Get and Verify a C of O

A certificate of occupancy (C of O) is the document issued by a state Governor in Nigeria as evidence that a person or company holds a statutory right of occupancy over a piece of land. It is provided for in section 9 of the Land Use Act, and it is generally granted for a fixed term with conditions the holder must respect. Before buying land, ask for the C of O or other root of title and confirm it at the state land registry.

What is a certificate of occupancy?

Since the Land Use Act came into force, all land in a state, except land held by the federal government, is vested in the Governor. What people hold is a right of occupancy:

• a statutory right of occupancy, granted by the Governor over land whether or not in an urban area (section 5)
• a customary right of occupancy, held under customary law or granted by a local government, mainly outside urban areas

Section 9 of the Act allows the Governor to issue a certificate, under his hand, as evidence of a statutory right of occupancy. That certificate is the C of O. Under section 10, every certificate is deemed to include the holder's obligation to pay the rent fixed or revised by the Governor, and under section 9(3) the Governor may cancel a certificate that the holder, without lawful excuse, refuses or neglects to accept and pay for.

Law firm commentary describes the C of O as a leasehold title, usually for a term of up to 99 years. The exact term and conditions are written on each certificate, so read yours rather than assuming.

What is the difference between a right of occupancy and a certificate of occupancy?

The right is the legal interest itself: the right to use and occupy the land for a term, to the exclusion of everyone except the Governor (section 14). The certificate is the paper that proves a statutory right exists and sets out its terms.

So a C of O does not give you freehold ownership. It confirms that the state has granted, or recognised, your right to occupy the land on the conditions stated, and that the right can be transferred only with the Governor's consent.

How do I get a certificate of occupancy in Nigeria?

Each state runs its own land administration, and the steps, fees and processing times differ. In Lagos, law firm guides describe a process along these lines:

1. Survey plan: commission a registered surveyor to prepare a survey plan of the land.
2. Charting: have the plan charted at the Office of the Surveyor-General, which confirms where the land lies and whether it is under government acquisition.
3. Application: file the application at the state land registry with proof of how you acquired the land, the survey plan and identification documents.
4. Fees: pay the processing fees assessed by the registry; they vary with the size and location of the land.
5. Verification: the registry checks the application, which can include an inspection of the site.
6. Approval and collection: once approved and signed, collect the certificate and check every detail on it (names, plot, size, term, conditions).

Before applying, have the survey plan charted at the Office of the State Surveyor-General to confirm the land is not under government acquisition or commitment; if it is, ask a lawyer how the state handles such land before going further.

In Abuja (FCT)

In the Federal Capital Territory, the Governor's powers under the Land Use Act are exercised by the President or a Minister designated by the President (section 51(2)). Land there is administered through the Abuja Geographic Information Systems (AGIS), part of the Federal Capital Territory Administration. AGIS lists among its services new land applications, collection of rights of occupancy and certificates of occupancy, re-certification and regularisation of titles, certified true copies and legal searches. Payments are made through Remita. Ask AGIS for its current requirements before you file anything.

How long does it take and how much does it cost?

There is no single national answer. Fees and timelines are set by each state and change over time. Request the official fee schedule from the land registry or Lands Bureau of the state concerned, and get receipts for every payment made to the government.

Do I need a C of O if I buy land that already has one?

No new C of O is issued to every buyer. When land that already carries a statutory right is sold, the transfer is done by a deed of assignment, which then needs the Governor's consent, stamping and registration. Section 22 of the Land Use Act forbids the holder of a statutory right from alienating it without the Governor's prior consent.

That is why sellers often show a C of O in their own name, or in the name of the person they bought from, together with registered deeds showing the chain of transfers. Your lawyer's job is to trace that chain back to the original grant.

How do I verify a certificate of occupancy before buying land?

A C of O photocopy proves very little on its own. A document can be forged, the land can have been sold twice, or it can sit under a government acquisition or a mortgage that a photocopy will never show. Do these checks before you pay:

• Land registry search: apply for a search at the registry of the state where the land lies. It should confirm the registered holder and show encumbrances such as a mortgage or government acquisition.
• Original document: ask to see the original C of O, not only a copy, and compare the names with the seller's ID.
• Survey check: have an independent surveyor compare the land on the ground with the survey plan, and have the plan charted.
• Court search: check for pending cases over the property at the state High Court.
• Physical inspection: visit the plot, speak to neighbours and look for signs of community claims or occupation by someone else.
• Lawyer review: have a property lawyer check the chain of title and the conditions on the certificate.

Can a certificate of occupancy be revoked?

Yes. Section 28 of the Land Use Act allows the Governor to revoke a right of occupancy for overriding public interest. For a statutory right, the Act includes in that notion:

• alienation of the right contrary to the Act, for example without the Governor's consent
• land required by the state, local or federal government for public purposes
• land required for mining or oil pipelines

The Governor may also revoke a statutory right for breach of the implied terms in section 10 (such as rent), breach of the conditions in the certificate, or refusal to accept and pay for a certificate. Revocation must be signed by an authorised public officer and notified to the holder.

Under section 29, compensation on revocation for public purposes covers the value of the unexhausted improvements (buildings, installations, crops) rather than the market value of the bare land, which is valued by reference to the rent paid. Disputes over the amount go to the Land Use and Allocation Committee (section 30).

What should you do with your C of O once you have it?

• Keep the original somewhere safe and store certified copies separately.
• Pay ground rent and other charges on time, and keep the receipts.
• Respect the use and development conditions written on it.
• Before selling, prepare the certificate and your chain of title so the buyer's lawyer can verify them quickly.

Where can I find land with a C of O for sale?

Browse land and property ads on AfricaSoco and ask each seller which title documents they hold. AfricaSoco does not verify titles, so every claim must go through the registry search above. To understand the law behind these documents, read our guide to the Land Use Act explained, and see plot sizes in Nigeria before comparing prices. Selling a titled plot? Post a free property ad and state the title clearly.