what is GLND?

Similar to the 2001 Law, the LUC Law calculates Land Use Charge by multiplying the market value of the property (i.e. the sum of land value and building development value) by the Annual Charge Rate. Unlike the 2001 Law, market value under the LUC Law is to be determined by professional Valuers appointed by the Commissioner of Finance.

The LUC Law also includes a new ‘Relief Rate’ which is applied to the market value and charge rate. A General Relief Rate of 40% is applied in calculation of Land Use Charge. Specific Relief Rates are also available at various rates ranging from 5% (for long occupiers of property) to 100% (for pensioners). Specific and Relief may be applied for by disabled persons, aged persons, owners/occupiers of old properties (25 years above), Federal and State owned property, non-profit making entities and for timely payment of Land Use Charge (within 15 days).
Applications for Specific Relief are made to the Commissioner of Finance with any relevant supporting documentation.

ASSESSMENT

It is possible for same type of properties in the same area and occupying the same size of land to be charged different rates. For the purpose of Land Use Charge, properties are assessed individually. For any two similar properties, the physical appearance, aesthetic features and age will determine the property class rate (i.e. high, medium, and low) to be adopted in the valuation of the property.

Another reason for charging different rates on any similar properties is the usage and status of occupation. It is noteworthy that property assessment is classified under 3 broad categories i.e. Commercial, Industrial and Residential usages. Commercial properties generally attract a rate of 0.394 percent of the assessed value. Industrial properties are assessed at a rate of 0.132 percent of the assessed value; however, this will only be applicable where the property owner is the occupier of the property.

Assessments of residential properties are categorized under three scenarios which attract different rates. A property solely occupied by the owner for residential purpose will be charged at a rate of 0.0394 percent, while a similar property occupied by the property owner and tenant(s) or third parties will be charged at a rate of 0.132 percent. The third scenario/category is an investment property fully occupied by tenants or third party/parties for revenue generation, charged at a rate of 0.394 percent.

The Land Use Charge does not provide for installment payments particularly since 15 percent discount is granted for early payment. However, any amounts left unpaid are carried over to the next year with its full interest compliment.

The Lagos State Government clarified the figures circulating in the media on the rate for the newly reviewed Land Use Charge Law of 2018, saying many of the numbers were based on several years of arrears on the levy not paid by affected property owners.

Speaking at a news briefing held at the Bagauda Kaltho Press Centre in Alausa, Ikeja, the State’s Commissioner for Information and Strategy, Mr Kehinde Bamigbetan said there were so many misconceptions and misinformation about the new law, adding that the law was a progressive enactment duly made by the House of Assembly and handed over to the Executive for implementation in the overall interest of the people.
He specifically dismissed the humongous figures being bandied about on the social media, saying many of the calculations were based on arrears of many years of non-payment.

LIABILITY

The charge is imposed on the owner of a property. However, where the owner is not in possession of the property, the LUC law authorizes the collecting authority to appoint the occupier, who is usually the tenant, to be assessed with and pay for the tax; the tenant is in turn authorised by the law to offset such a payment from monies that may be due from the tenant to the owner of the property.
The ‘owner’ of the property has the duty to inform the Commissioner of the loss of exempt status or risk a penalty of up to 3 times the exemption in issue.

Under the new law, persons liable to pay LUC have been extended to include occupiers holding long leases of 10 years and above. This, on the other hand, excludes tenants with short leases.

The term ‘Occupier’ has also been defined in the new legislation to include persons unlawfully occupying a property.
There is thus an indemnity in favour of the tenant/occupier against the owner. Where a property owner did not receive the First Demand Notice, the Lagos state government advises that complaints be registered through any of their customer service channels. You can visit www.landusecharge.com for clarification or you go over to their office at Ministry of Finance at Alausa, Ikeja, Lagos.

However note that all claims of non receipt of First Demand Notice will be checked against their proof of delivery of all bills. The cost of assessment is free to property owners; they are not expected to pay for assessment of property. The amount charged is not negotiable. However, if payment is made within 15 days of the delivery of the demand notice, a discount of 15 percent is applicable.

In cases where property owners receive Land Use Charge Bill for the first time, yet they are being asked to pay arrear, demand notices issued with arrears are reviewed against proof of delivery of the Land Use Charge demand notices on such properties for the previous year(s) for necessary correction. Such cases should be registered through the complaints interface of the website; www.landusecharge.com, or through their help lines or e-mail, all available on their website.

In a situation whereby the property owner received the Tenement rate demand notice and has made payment before receiving the Land Use charge demand notice for the first time, the amount paid should be deducted from the Land Use Charge (if the Land Use Charge is higher than the Tenement rate,) then pay the outstanding balance. All evidence of payment including payment of Tenement rate should be forwarded to their office.

However, where Land Use Charge demand notice is received before any of the consolidated charges i.e. tenement rate, ground rent and neighborhood improvement charges, Land use charge should be paid as it covers all these rates and charges.

RELEVANT PROVISIONS UNDER THE NEW LAW

It is essential that attention is paid to these relevant provisions which seem to be the pivot of this legislation:

1. Each local government area in the State has been given powers under the new law to
be the collecting authority for land use charge. Such local government will under the new
law be the only body empowered to levy and collect the land use charge areas within
its specified jurisdiction.

2. Land use charge is payable on ALL property except those exempted under Section 12
of the new Land Use Charge Law, 2018 (LUCL).

3. The formula adopted for land use charge is now based on the commercial value of the property, which valuation will now be based on assessment by professional Estate Valuers appointed by the state; and which valuation will continue to be updated on five yearly basis.

4. According to the Law, the annual charge rate to be applied to eligible property in Lagos State shall be as follows: owner-occupied residential property – 0.076 per cent per annum of the assessed property value, and owner-occupied pensioner’s property.

5. Exempted from the Law are the state owned properties, while chargeable properties include residential property (without owner in residence) at the rate of 0.76 per cent per annum of the assessed property value, commercial property (used by occupier for business purposes) at the rate of 0.76 per cent per annum of the assessed property value and vacant property and open empty land at the rate of 0.76 per cent per annum of the assessed property value. Industrial premises of manufacturing concerns at the rate of 0.256 per cent per annum of the assessed property value, residential property (owner and third party) at the rate of 0.256 per cent per annum of the assessed property value.

6. The Law also provides various forms of reliefs that are available to payers of LUC. The reliefs include general relief of 40 per cent (applicable to all property liable to pay LUC), and specific reliefs applicable to property owners and leases of 10 years and above for pensioners (60 years and above) which is 100 per cent for owner-occupied property, persons with disability 10 per cent for owner-occupied property.

7. Others include aged persons (70 years and above) 10 per cent for owner-occupied property, age of property 10 per cent for property aged 25 years and above, long occupation by owners five per cent for 12 years and above, federal and other state government property 20 per cent for non-revenue generating property, partial relief under the LUC Law – 20 per cent for non-profit-making organizations.

8. To enjoy the available reliefs, payers will need to provide relevant documentary evidence to support their relief claims. All LUC paid within 15 days of receipt of Demand Notice will enjoy a timely payment discount of 15 per cent.

9. In essence, the major change in the current Law is the introduction of a land use charge formulae that ensure that assessments are based on ‘market’ or commercial value of land and improvements as supported or verified by professional evidence of the Estate Valuers appointed by the State.

10. The Land Use Charge payable on any property is calculated by multiplying the market value of the property by the applicable relief rate and annual charge rate using the prescribed formulae.


WHO PAYS WHAT?

• For a landlord occupying his house with his family (no tenant). Your annual fee is 60 per cent of the value of the house × 0.076. For instance, if your house is valued at N20 million. Your fee is 0.076 per cent of (60 per cent of N20 million) is 0.076 per cent x N12 million which is N9, 120.00 per annum.

• If you rented out the house to tenants only and you don’t live there and the house is worth N20 million. You will pay 0.76 per cent of (60 per cent of N20 million) is 0.76 per cent of N12 million is N91, 200.00

• If you are a landlord living with your tenant in the same building of the above value. You will pay 0.256 per cent of (60 per cent of N20 million) is 0.256 per cent × N12 million is N30, 720.00.

1. The Land Use Charge, which is payable annually, is described by the LUCL to be a consolidation of all Property and Land Based Rates and Charges imposed on all non-exempted real properties located in Lagos State.

2. The LUC Law provides that ‘owners or occupiers of a lease’ are liable to pay Land Use Charge. The law also identifies both occupiers of leases of less than 10 years and occupiers of leases of 10 years or more as liable to pay Land Use Charge. This is a notable change from the 2001 Land Use Charge Law which made this an owner liability. ‘Occupier’ is defined to include both lawful and unlawful occupiers of the whole or part of property, and only excludes lodgers (being licensees).

3. Furthermore, the change in the LUC Law to extend liability for Land Use Charge to occupiers of land means that Land Use Charge is no longer identified as an ‘owner’ charge. This change is unlikely to materially affect property conveyancing in Lagos, as current market practice is for Land Use Charge to be passed through to tenants through the provisions of the lease or tenancy agreement.

4. The value of a Property (“the Land Value”) plus the Building Development Value of the Property, both of which constitutes the property’s Market Value, are now to be multiplied by the applicable relief and charge rate to arrive at the annual LUC rate for each Property.

5. The Market Value of each Property is now required to be reviewed by the Lagos State Commissioner for Finance, at least once every five (5) years, based on the information provided by Professional Property Valuers.

6. Despite the repeal of the Land Use Charge Law 2001, all pending invoices, orders, rules, regulations, etc. under the 2001 repealed Law shall continue to be in effect until such obligations are discharged.

RELEVANT PROVISIONS UNDER THE NEW LAW

It is essential that attention is paid to these relevant provisions which seem to be the pivot of this legislation:

1. Each local government area in the State has been given powers under the new law to be the collecting authority for land use charge. Such local government will under the new law be the only body empowered to levy and collect the land use charge areas within its specified jurisdiction.

2. Land use charge is payable on ALL property except those exempted under Section 12 of the new Land Use Charge Law, 2018 (LUCL).

3. The formula adopted for land use charge is now based on the commercial value of the property, which valuation will now be based on assessment by professional Estate Valuers appointed by the state; and which valuation will continue to be updated on five yearly basis.

4. According to the Law, the annual charge rate to be applied to eligible property in Lagos State shall be as follows: owner-occupied residential property – 0.076 per cent per annum of the assessed property value, and owner-occupied pensioner’s property.

5. Exempted from the Law are the state owned properties, while chargeable properties include residential property (without owner in residence) at the rate of 0.76 per cent per annum of the assessed property value, commercial property (used by occupier for business purposes) at the rate of 0.76 per cent per annum of the assessed property value and vacant property and open empty land at the rate of 0.76 per cent per annum of the assessed property value. Industrial premises of manufacturing concerns at the rate of 0.256 per cent per annum of the assessed property value, residential property (owner and third party) at the rate of 0.256 per cent per annum of the assessed property value.

6. The Law also provides various forms of reliefs that are available to payers of LUC. The reliefs include general relief of 40 per cent (applicable to all property liable to pay LUC), and specific reliefs applicable to property owners and leases of 10 years and above for pensioners (60 years and above) which is 100 per cent for owner-occupied property, persons with disability 10 per cent for owner-occupied property.

7. Others include aged persons (70 years and above) 10 per cent for owner-occupied property, age of property 10 per cent for property aged 25 years and above, long occupation by owners five per cent for 12 years and above, federal and other state government property 20 per cent for non-revenue generating property, partial relief under the LUC Law – 20 per cent for non-profit-making organizations.

8. To enjoy the available reliefs, payers will need to provide relevant documentary evidence to support their relief claims. All LUC paid within 15 days of receipt of Demand Notice will enjoy a timely payment discount of 15 per cent.

9. In essence, the major change in the current Law is the introduction of a land use charge formulae that ensure that assessments are based on ‘market’ or commercial value of land and improvements as supported or verified by professional evidence of the Estate Valuers appointed by the State.

10. The Land Use Charge payable on any property is calculated by multiplying the market value of the property by the applicable relief rate and annual charge rate using the prescribed formulae.

Disturbed by the activities of impostors and foreign competitors in estate agency practice, experts have called for the adoption of strategic and innovative ways of doing the business for prosperity of the industry.

They want Nigerian Institution of Estates Surveyors and Valuers (NIESV) members to offer value rather than focusing on profit optimisation.

The participants were also urged them to develop a one-stop shop that encompass for all that are needed by clients.

Speaking at one-day seminar/interactive session on, “Prospects and challenges of international competition in the business of real estate” organised by the NIESV’s Estate Agency and Marketing Business Division in Lagos, a past president, Joe Idudu expressed worries that the industry has become an all-comers affair for those who ordinarily doesn’t have business in the sector because of its lucrativeness.

He posited that the incursion of foreign players in Nigerian real estate has worsened the ability of local players to survive in the country.

In a lecture on, “A well structured partnership, a case study of a flourishing firm of estate surveyors and valuers”, Idudu challenged members to be innovative in structuring their firms, imbibe the culture of honesty and sincerity of purpose in dealing with clients and colleagues in the profession.

He said, “The world is a global village, we must learn to accommodate competition from others.

The only advantage that foreign firms have over local practitioners is their accessibility to capital for investment in the market.

We must embrace value and for our job, location of firm is important.

What is needed for successful partnership is honesty of purpose and importantly, we must structure our firm in such a way that there is continuity even after we must have retired”.

A Partner and Head of Risk Consulting, KPMG Nigeria, Mr. Olumide Olayinka who spoke on, “Why foreign firms are preferred in the sector”, emphasized that what makes clients prefer foreigner operators in the business was because of the fact that they empower clients through value, demonstrate strong understanding of the nature of the trade and are more strategic in satisfying the people.

According to him, local operators should deploy such tactics to be able to remain relevant in the industry.

Contributing, a past president of NIESV, Bode Adediji lamented that the industry is faced with so many challenges among which are recession, ignorance and complacency, poverty and marginalization/international competition.

He stressed that to survive therefore, would require practitioners to make clients have greater degree of trust, expertise and confidence in the type of services offered.

According to him, the most crucial and disruptive aspect of the international competition is particularly reflected in the premium and eyebrow segment of the real estate market.

He said, “Local practitioners must as of necessity understudy the composition and “modus-operandi” of international competition so that the required change in the conventional attitudes, practice, and emphasis can be effected pragmatically and not merely symbolically as is prevalent now.

Recapitalization, innovation, technology, among others, are sacrosanct, if the local firms hope to survive the audacity and the scourge of the foreign company operations in Nigeria”.

On his part, Mr. Gboyega Fatimilehin, attributed the incursion of foreign players in the industry to the nations’ increase in Gross Domestic Product, technology disruptions and the observed investment opportunities in the country.

He advised NIESV to consolidate for growth, put in place continuous training and workshops for members to build competence as well as confidence in their operations.

He pointed out that for the Nigerian real estate industry to be competitive and attract investment, real estate practice must have higher standards.

This, he stressed will remove constraints in the market and allow local practitioners to compete with the global real estate firms that have entered our market

Earlier, the president of NIESV, Mr. Rowland Agbonta observed that the recent pronouncement by the court that lawyers have no business in property transaction has brought a new ray of hope to practitioners stressing that it is high time that quacks in the profession are fished out and punished.

He said, “Agency practice has become an important area of real estate business and so everything that needed to be done to protect that arm of the profession must be put in place”

In a remark, the Chairman, Faculty of Estate Agency and Marketing, NIESV, Sam Eboigbe said the seminar was to draw attention of estate agency practitioners nationwide to the professional embarrassments of surrendering the larger chunk of its cake to foreign competitors.

He said, “The battle for the soul of estate agency has been largely local in nature and the faculty some years ago championed the establishment with the approval of institution called association of estate agency of Nigeria.

“This became necessary as a result of the poor public perception and image of estate agent, which has negatively impacted on the profession and institution.

The question now on the lips of concerned colleagues is, will there be another association that would be dedicated to foreign competition”.

Meanwhile, NIESV Electoral Appeal Petition Committee headed by Dosu Fatokun as declared at the Extra –Ordinary General Meeting (EGM) held in Abuja that the last national elections was credible, free and fair.

SOURCE: THE GUARDIAN

WHY CONDUCT LAND SEARCHES?

Persons dealing with an owner of registered title must conduct a Title search at the Land registry to verify the ownership of the title and any encumbrances and so protect oneself against improper dealing before completion of any sale or loan.

Registered land title documents are instruments serving as evidence of property ownership that have been lodged with the Land Registry.

There are a number of situations in which you might need to conduct a search of registered land title documents.

The Lagos State Government {LASG} says that it has been putting measures in place to nip in the bud the incidents of building collapse in the state.

The Commissioner for Housing, Prince Gbolahan Lawal, disclosed this to the News Agency of Nigeria (NAN) in Lagos on Tuesday.

Lawal said that the ministry had been carrying out integrity tests on residential and commercial buildings regularly to avoid a recurrence of building collapse.

He also said that the state government had employed engineers to strengthen its workforce for effective monitoring of buildings in the state.

The commissioner added that both the old and new staff members had been going on regular training to be in tune with the latest developments in the various fields.

Lawal said part of the job of the monitoring team was to ensure no building work could go on at night at any building sites, as such activity would attract penalty.

“If the government discovers that any developer is building at night or observes that any building does not comply with the building code, such will be brought down.

“This law is in place and once it is infringed upon, the offender will be prosecuted as soon as he or she is caught.

“The state government will take over such property in case of building collapse, while the engineer handling such project will lose his or her licence.

“We have two cases involving building collapse currently in court,” he said.

Lawal advised building professionals to stick to the laws of the state to save lives and properties.

The commissioner also said that there was the state Ministry of Physical Planning and Urban Development responsible for enforcing all the building codes in Lagos State.

“It ensures that builders and developers comply with the building code from their foundation levels up till when they will be completed.’’

Lawal said that at every stage of construction at a building site, there would be an approval to certify that the work being done complied with the building code.

He said that it was part of the mechanisms put in place by the state government to end building collapse in the state.

“We also have e-physical planning permit to check and test the materials on sites for building.

“Lagos State is a city/state with loads of institutional structures that will make it difficult for quacks to strive in the building industry, “he said.

He said that the ministry was also expected to certify completed buildings as being fit for living after completion.

Lawal also said there was no more hiding place for quackery and the use of substandard materials in the building industry in the state.

He said that the officials from the relevant ministries and representatives of professional bodies in the building industry usually monitor the activities of building and site engineers.

“There is no hiding place for quackery in the building industry as all professional bodies have regional and district offices across the state for easy monitoring,’’ he said.

The commissioner also said that some states had been visiting Lagos State to understudy what they were doing and how they had been successful with it. (NAN)

SOURCE: NEW TELEGRAPH

The Lagos State House of Assembly on 29th January 2018, passed a Law to Provide For The Consolidation Of Property And Land Based Charges And Make Provisions For The Levying And Collection Of Land Use Charge In Lagos State; otherwise referred to as the Land Use Charge Law of Lagos State, 2018 (the “LUC Law”).

The LUC Law repeals and replaces the Land Use Charge Law, 2001. Similar to the 2001 law, the LUC Law provides for a unified ‘Land Use Charge’ which consolidates all property and land based rates and charges payable under the Land Rates Law, Neighborhood Improvement Charge and all Tenement Rates; and provides that such other rates shall cease to apply to any property on which land use charge has been levied.

Unlike the 2001 law, the LUC Law goes a step further to repeal the Land Rates Law and Neighborhood Improvement Charge Law, as well as the Land Use Charge Law, 2001 thereby creating a clearer regulatory framework for land based rates and charges within the state.

The following properties are now EXEMPTED from payment of Land Use Charge:

a) Property owned, occupied and registered in the name of the religious body and used exclusively as a place of worship or religious education;
b) Public cemeteries and burial grounds; as well as property used as a registered educational institution certified by the Commissioner of Finance (the Commissioner) to be non-profit making; unlike the 2001 law which applied to both public and private cemeteries;
c) All palaces of recognized traditional rulers in the state; unlike the 2001 law, such property will lose its exempt status if it is leased to private entities for revenue generation.
d) Any property specifically exempted by the Executive Governor by notice published in the State Official Gazette.
NOTE: ‘Family compounds’, once exempted under the 2001 law, are not on the exempted properties list.

EXCEPTIONS TO THE EXEMPTIONS

1. It is very important to bear in mind that the fact a property has been marked as exempt does not mean that it will remain exempt indefinitely.

2. An exempted property becomes subject to land use charge if the use of such property changes to one that does not qualify for an exemption.

3. Also, the use of word ‘cemetery’ in (b) above is now limited to only public cemeteries under the new law, meaning that owners of private cemeteries will now be expected to pay LUC; while private libraries will continue to be exempt under the new law in addition to public libraries (on a condition that they must be certified to be non-profit making by the Commissioner of Finance for Lagos State).

4. In addition, the exemption for property owned by religious bodies has been limited to those used as a place of worship or for religious education.

5. Where any exempt property is leased out to private entities for revenue generation, they shall not be exempt for purposes of the law. This may also include stadiums and/or religious centers that are also used as event centers or receptions for a fee.
However, the LUC imposed shall only be calculated to make it only apply to that part of the year in which the property, or part of it, is not exempt.

NOTE: This exemption will only be granted where an application for exemption is made to the State Commissioner for Finance.

The Lagos State Land Use Charge (LUC) is a consolidation of all property and land based rates and charges payable under Lands Rates, Neighborhood Improvement Charge and Tenement Rates Laws of Lagos State.

The Land Use Charge derives its legitimacy from the Land Use Charge Law No. 11, of 2001. It was designed to help the government generate additional revenue needed to develop the state in the light of increasing demand and for provision of urban and rural infrastructure and other expenditures.

The LUC is an annual charge rate expressed as a percentage of the assessed market value of the property and empowers the state government to vary between owner-occupied property and other property, as well as residential property and commercial or revenue generating property.

This variation further includes property for physically-challenged persons and those who have been resident at the same location for at least 12 years, minors; retiree owners of property and occupiers on the one hand, and active owners and occupiers on the other.

In general, the LUC Law attempts to consolidate and simplify the calculation and collection of land charges and rates in Lagos State.  The risk is that it may also have materially increased the same and this is likely to have an impact on the property market.

The intentions of the Legislators for the enactment of this legislation are to:
a. Simplify the process/procedure for assessment and payment of property tax;
b. Generate additional revenue for the State through effective assessment and enforcement.

The Lagos State Government seems to have been influenced by the joint outcome of the rapid pursuit for property, rising demand for provision of urban and rural infrastructures, and the dwindling federal revenue allocations to enact the Land Use Charge Law (2001) to increase internally-generated revenues through property tax.

The Land Use Charge is a consolidation of the ground rent, tenement rate and neighborhood improvement levy by the Land Use Charge Law of 2018, which was first enacted in 2001, and payable on properties in the state.

Download the Land Use Charge Law here

The 2001 Law provided new formulae and technique for assessing the Charge payable on properties in Lagos state, amongst other provisions; and consolidated and replaced all the state and local government taxes payable on property.

It was designed to help the government generate additional revenue needed to develop the state in the light of increasing demand for provision of urban and rural infrastructure and other expenditures.

On 29th January 2018, the Lagos State House of Assembly, passed the Land Use Charge Law, 2018 (LUCL) with the Governor’s assent. The LUCL, 2018 replaces the Land Use Charge Law, No. 11 of 2001.

The LUCL 2018, applies to real and landed property in Lagos State, and consolidates all property and land-based rates/charges into a single property charge. The current Law as it is, sets the modalities for levying and collection of land use charge in Lagos State.

Nonetheless, the implementation and enforcement of the land use charge law has continued to raise issues in the state. The modus operandi of the law has generated controversies over the years and some residents of Lagos are still confused as to what the land use charge is really about.

The application will be processed and approved after a final screening and payment of permit processing fee. All applications must be in compliance with Operative Development Plans and Planning Standards (Laws and Regulations) in Lagos State as well as the National Building Code.

During the process of the Planning Permit, the Approving Authority may contact the Applicant/Developer for any additional information.

Depending on the scope of work, your planning permit will be routed through:

• The Town Planning Department and Building Control Department in Lagos State Building Control Agency (LASBCA)- for Application Pre-Screening of Title Document, Survey Plan, Land-use, Location and other Planning criteria as well as Architectural, Structural Mechanical, Electrical Clearance, Lagos State Planning Permit Authority (LASPPPA)/ District Office- for compliance with Planning Approval Standards and Planning Permit, Ministry of Physical Planning & Urban Development (MPP &UD) - for Planning Information, Concurrent Approval,

• Inspectorate & Quality Control Department (I&QC) – for stage Certification and Habitation for Fitness,

• Lagos State Material Testing Laboratory (LSMTL) –for Building Material and Equipment Testing, LASURA- Clearance for Urban Renewal site.

• Ministry of Environment (MOE) -for Drainage Clearance.

• Lands Bureau – for Clearance on Land allocation and associated clearances.

• Ministry of Transportation (MOT) – for Traffic and Transportation Clearance.

• Waterfront and Infrastructure Development Agency- for clearance from water bodies.

• Ministry of Agriculture -for clearance from agricultural lands where applicable.

E - PLANNING PERMIT ISSUANCE

Applicant will be duly informed via his/her e-mail address that Planning Permit is ready and will be requested to bring Five (5) sets each of the final screened and submitted drawings duly signed and sealed by a qualified professional for endorsement and collection of Planning Permit as listed below:

• Architectural Drawing;
• Structural Drawing;
• Electrical Drawing (Where applicable);
• Mechanical Drawing (Where applicable).

E - PLANNING PERMIT PROCESSING FEES

Section 2 of the Lagos State Physical Development Regulations, 2005 stated that submission of application and payment of processing fee shall be made for planning permit.

This processing fee is a function of the following:
• Site location,
• Uses,
• Size Volume (Length x Breadth x Height)
• Other pre-requisite fees include:
o Registration/Application Form Fee,
o Layout Fee,
o Fencing Fee,
o Local Planning Office Fee.
o Lagos State Emergency Management Agency (LASEMA) Levy,
o Spatial Enhancement Fee,
o Infrastructural Development Charge.

i. PLANNING INFORMATION

If your development requires confirmation of type of zoning/use, height permissible, land status (free from Government Acquisition or not) e.t.c you should start with the Planning Information obtained from the Ministry of Physical Planning and Urban Development (MPP&UD) or any District Office with your survey plan and any other available documents for necessary information.

ii. CLEARANCE LETTER FROM OTHER AGENCIES (WHERE NECESSARY)

You must always obtain clearance from Lagos State Internal Revenue Service’s (LIRS) on your tax status. Where necessary you would need to also obtain clearance from relevant Agencies on sites within the Drainage Alignment, Metro-line Transportation Corridor, Flight Corridor, Urban Renewal designated areas, Water Bodies, Agricultural Land Areas, Petroleum Bodies etc: Click to see more for Requirement for the Processing of Planning Permit/ Clearance from MDAs or Download Lagos State Development Regulations, 2005 for more details.

PROCEDURES FOR GRANT OF BUILDING E - PLANNING PERMIT

• Notification for submission of application (Architectural, Structural, Mechanical and Electrical Drawings, Survey Plan & Title Documents) and payment of Assessment Fee received by the Desk Officer;[color=#006600][/color]
• Desk Office download or accept all the screened and submitted Design Drawings, Documents and Planning Permit Processing Fees paid and fill application form accordingly;
• Endorsement of Architectural Drawing;
• Endorsement of Structural, Mechanical & Electrical Drawings where applicable;
• Vetting and recommending of Application for further processing;
• Confirmation of Planning Permit Processing Fee;
• Application forwarded to Lagos State Internal Revenue Service’s (LIRS) for Tax Clearance;
• Application forwarded for Consideration of grant of Planning Permit (Concurrent Approvals), This depends on the number of floors;
o General Manager approves Ground- 2nd Floor;
o Permanent Secretary approves 3rd - 4th Floor;
o Hon Commissioner approves 5th-7th Floor;
o His Excellency approves 8th Floor above.
• Approved application forwarded to the District Officer for Permit endorsement;
• District Officer endorses and release of Planning Permit.

E- Planning Permit is the new building permit software currently being test run in some District Offices across Lagos state. It is aimed at making developing permits easier and faster by use of computer systems which evaluate and process building applications. The Lagos State Physical Planning Permit Authority (LASPPPA) was established by Lagos State Urban and Regional Planning and Development Law, 2010 as one of the Agencies/ Parastatal under the Ministry of Physical Planning and Urban Development (MPP&UD).

The following documents and payment are required for the processing of e-Planning Permit:

1. PROCESSING FEES:
I. Part-Processing Fee: For Document Verification /Screening Applicant is to pay a non-refundable fee;
II. Payment of Balance of Processing Fee: Applicant is to pay a specified amount before application can be processed. The amount will be determined after customer has passed the screening stage and Part-Processing Fee will be deducted;
III. Receipts of Processing/Assessment fees and other statutory charges payable.

2. Land Titles: Evidence of Land Ownership/Title Document duly certified by Lands Department which could be:
I. Certificate of Occupancy / Land Certificate;
II. Governor's Consent (lease or assignment/land conveyance/ any other instrument) recognized by law;
III. Sun print copy of Survey Plan;
IV. Former Owner’s Title in case of Governor’s Consent (Root of Title);
V. All Evidence of Payment for Title Document Processing;
VI. Evidence of payment of land use charge;
VII. Certificate of Incorporation of Company (where applicable).

3. Tax Papers: Evidence of payment of Company and Personal Taxes;
I. For Individuals, Current e-Tax Clearance Certificate
II. For Company and Corporate bodies;
a. Company Tax Clearance (CTC);
b. e - Tax Clearance Certificates for 2 (Two) Directors;
c. Evidence of P.A.Y.E. returns.

4. CLEARANCE FROM OTHER Federal Ministries, Departments and Agencies (MDAS):

Letters of Clearance from the following Government Agencies duly certified (Where applicable).
These include:
I. Land Use and Allocation Directorate -All State lands and Government Schemes;
II. Land Services Department - For Governor's consent and Subsequent transaction on landed properties;
III. Ministry of Transportation -In case of Properties within the proposed Metro line corridor, traffic generating activities;
IV. Ministry of Environment - Office of Drainage for Applications within drainage alignment, gorge, flood plains / water bodies, lagoon, shoreline, Environmental Impact Assessment Clearance e.t.c;
V. Lagos State Urban Renewal Authority- Applications which fall within Urban Renewal Scheme Areas;
VI. Lagos State Surveyor General's Office -Applications that fall within acquisition, revocation and excision areas;
VII. New Towns Development Authority- Letter of Confirmation of allocation and Capital Contribution.

5. FOR PLANNING AND ARCHITECTURAL STANDARD FOR THE DESIGNS
Please refer to the following Document:
I. Lagos State Urban and Regional Planning and Development Law;
II. Lagos State Physical Planning Permit Regulations;
III. Model City Plans Approval Orders;
IV. Operative Approval Orders on Approved Layout Plans.

1. DRAWINGS:

Drawings prepared must be in A3 paper size. Hard and Soft copy of the following set of drawings must be submitted:
i. 5 sets of architectural drawing signed and sealed by ARCON registered Architect
ii. 5 sets of structural drawings (including letters of supervision/structural stability and calculation sheet) signed and sealed by a COREN registered structural Engineer. (Mechanical and Electrical drawings are also mandatory for some categories of development Proposals.
iii. Report of soil tests are needed for Structures above two floors and areas with poor sub soil.

2. TITLE DOCUMENTS:

i. Evidence of Land Ownership/Title Document duly certified by land Bureau which could be:
a. Certificate of occupancy/ land Certificate.
b. Governor Consent to Lease or Assignment/Land Conveyance/ any other instrument recognized by Law.
ii. 1 sun print copy of survey plan.
iii. Evidence of payment of Land use charge or ground rent where applicable.

3. TAX CLEARANCE:

Evidence of payment of Company and personal Income tax;
i. For company and Corporate bodies.
a. Company tax clearance Certificate (CTC)
b. E-tax certificate for two (2) Directors;
c. Evidence of P.A.Y.E returns; and
ii. For Individuals, current e-tax clearance certificate.

4. CLEARANCE LETTERS:

i. Fire Service report in case of Application for specific commercial properties, (petrol/Gas Filling Stations and High rise buildings)
ii. Directorate of Petroleum resources Report (DPR) for petrol and Gas filling Stations.
iii. Letters of clearance from the following Government Agencies duly certified. (Where applicable) there include:
a. Land Use and Allocation Directorate All state Land and Government Schemes.
b. Land Service Department for Governor’s Consent and subsequent transaction on Landed Properties.
c. Ministry of Transportation.

iv. Metro line clearance - in case of properties around the proposed metro line alignment.

v. Traffic Impact Assessment Clearance - for traffic generating development

vi. Ministry of Environment applications within drainage alignment, gorge, floor plains, rivers / water bodies, lagoon, shore line etc.


Other requirements:

Lagos State Urban Renewal Authority applications which falls within Urban Renewal Scheme Areas

Lagos State Surveyor General's Office applications that fall within acquisition, revocation, and excision Areas.

New Towns Development Authority letter of confirmation of allocation and capital development contribution.

Certificate of Incorporation of Company (where applicable)

2 copies of Physical Planning Technical Report (where applicable)

1. Proof of Ownership Of Land (With Certificate of occupancy or Governors Consent Document Where Necessary)

This is a form of receipt or deed of agreement with which the land owner claims the property. Land can be transferred, out-rightly bought or inherited. The title to the land may be a certificate of occupancy (CofO) an official document that acknowledges the right to ownership of a certain property. It is proof that the governor of the state has obliged his consent and is aware that a right of possession has been given to the individual, corporate entity or group of persons to whom a Certificate of Occupancy has been issued. Or Governor’s Consent which is issued by the Governor of the state who decides the direction of development in the state as provided by the land use act of 1978. To that effect, any land acquired after 1978, will require a governors consent document for the ownership claim to be recognized.

2. Sets of Relevant Drawings (Architectural, Electrical, and Structural)

This is perhaps the most important document when applying for building plan approval because it contains the ideal information for which application is sought. The architectural drawings provide the evidence of spatial consideration used by the architect or designer to provide the spaces requested by the client. The spaces are expected to flow into each other and be compatible. As much as possible, the spaces should be ordered such that the interior micro climate of the spaces are thermally comfortable by providing cross ventilation where possible and paying attention to the location of rooms with respect to the cardinal points. He also checks to see the conformity of the design to basic regulations of offsets from the property line which is expected to be 3meters from property line and 6meters from the road. These are some of the information that the vetting officer will check when he inspects the drawing in plan, section and elevation. It is expected that only about 60% of the land should be developed, the remaining 40% provide air spaces, and circulation.

3. Survey Plan with Proof of registration

This is a document that shows the accurately determined terrestrial position of points, distances and angles between them. It is used to establish land maps and boundaries for ownership or governmental purposes. Land survey plan documents in Nigeria are usually produced by professional and registered surveyor where the blue copy is handed to the client and the red copy is sent to the office of the surveyor general for documentation.


4. EVIDENCE OF PAYMENTS OF APPROVAL FEES

After the processing fee would have been prepared by the clerical staff, and the payments made, the client or client’s representative is expected to advance to the accounting department to convert all tellers obtained from banks into treasury receipts which is the only acceptable document recognized by the development permit departments. These receipts are in three different categories; the treasury receipt for the payment of the processing fee, the receipts for payment of the 10% LGA and development levy.

5. TAX CLEARANCE CERTIFICATES

This is an evidence of responsibility to the government. A tax clearance certificate is always requested when an application for building plan approval is embarked on. In recent times, the tax clearance certificate is electronically driven and only a photocopy of the document is required as an essential document to be presented to the clerical officer.
Typical delays in getting a building plan approval stems from tax and structural drawing papers as well as loopholes in tax documents. It is therefore, advisable that you get familiar in advance with the required documents as some of these will take some time to obtain and also make sure your tax papers are up to date.

What’s more, getting the final approval usually varies with different construction sizes. Nonetheless, you can simply employ the services of an agent, consultant, Architect, Surveyor or any other knowledgeable member of your building team to process your building plan approval on your behalf.

This is a document issued by a government agency certifying a building's compliance with applicable building codes and other laws, and also indicating it to be in a condition suitable for occupancy. It is evidence that the building complies substantially with the plans and specifications that have been submitted to, and approved by the government authority.

Some persons bear in mind that the clogs in securing building plan approvals are too demanding financially and prefer to direct available funds to the construction proper. However, the purpose of obtaining a building plan permit approval is to prove that, according to the law, the house or building is in habitable condition.

Here in Lagos State, obtaining a building plan permit is generally required whenever there is:
 New Construction/Development- Newly constructed buildings usually need to apply for a building plan permit.
 Renovation –For changes or improvements to be carried out on a building, a new building plan permit is usually required;
 Revalidation - after expiration of 2 years of obtaining permits without commencement of construction, the builder is required to revalidate all existing documents for approval before commencing construction;
 Demolition/Major Construction - For constructions that can change the occupancy of the property or that changes the way in which you exit the property.

GUIDELINES TO FOLLOW WHEN PROCESSING A BUILDING PLANNING PERMIT APPROVAL[/b]

After the full ownership of the land has been resolved either by purchase, transfer or inheritance, an architect or designer has to be commissioned as suggested by the Nigerian building code.

The next step is to visit the local planning authority within whose jurisdiction the land is located with a copy of the architectural drawing with emphasis on the site plan, floor plans and section for vetting by the principal technical officer who by training should have an apt understanding of spatial relationships and space sub-division as an architect as well as also having a full understanding of the basic rules on setbacks, height restrictions and floor area that can be developed within any site, within the scope of the jurisdiction of the office.

This step is targeted to verify the conformity of the design to the approval standards and order of development that the jurisdiction has defined with a view to eliminating wastage of funds for the production of five copies of the design which might have to be corrected. Once the principal technical officer indicates conformity of the design to basic standards, you can authorize your architect or designer to further produce the remaining duplicate copies.

The District Officer of the district Town Planning office grants permits within their areas of jurisdiction with clearance from and concurrence approval of the General Manager, Permanent secretary, Hon. Commissioner for Ministry of physical planning & Urban Development (MPP&UD) and His Excellency, the Governor , where applicable.

The Lagos State Physical Planning, Urban Development, Urban Regeneration and Building Control, Law 2010 section 28(1-6) states that Planning Permit must be obtained to carry out any form of development in Lagos State as follows:

• A developer (whether private or government) shall apply for a planning permit in such manner using such forms and providing such information and documents as may be prescribed by the Regulations made under this Law.

• An application made under this Law shall comply with all requirements and standards of an operative Development Plan of which it is a part.

• A plan required to be made under this Law shall be prepared by the appropriate registered professionals and shall be in accordance with the provisions of the Regulations made pursuant to this Law.

• An application for a Planning Permit to develop or partition a structure or subdivide or partition land shall be in conformity with the Planning Regulations made pursuant to this Law.

• Any Planning Permit granted shall satisfy the provisions of the State Land Policy and the Land Use Act.

• No development shall be commenced by any government or its agencies without obtaining a permit from the Planning Permit Authority.

The Lagos State Physical Planning, Urban Development, Urban Regeneration and Building Control, Law 2010 section 28(1-6) states that Planning Permit must be obtained to carry out any form of development in Lagos State as follows:

• A developer (whether private or government) shall apply for a planning permit in such manner using such forms and providing such information and documents as may be prescribed by the Regulations made under this Law.

• An application made under this Law shall comply with all requirements and standards of an operative Development Plan of which it is a part.

• A plan required to be made under this Law shall be prepared by the appropriate registered professionals and shall be in accordance with the provisions of the Regulations made pursuant to this Law.

• An application for a Planning Permit to develop or partition a structure or subdivide or partition land shall be in conformity with the Planning Regulations made pursuant to this Law.

• Any Planning Permit granted shall satisfy the provisions of the State Land Policy and the Land Use Act.

• No development shall be commenced by any government or its agencies without obtaining a permit from the Planning Permit Authority.

Planning is the system by which the use and development of land is managed for the benefit of the community. The overall aim of the system is to ensure a balance between enabling developments to take place while at the same time conserving and protecting the environment and local amenities.

The idea is to create a better and balanced Environment for people to live, work, play, recreate and move around with no difficulty. A building plan is required to:

 Ensure that structures get built at the right place;
 Help balance the development the state needs such as new homes, factories, offices, schools, place of worship, health facilities, and transportation routes;
 Ensure that the development and growth is environment sustainable, meeting the needs of the present without affecting the future generation to meet their own needs.

Hence, a building plan is a graphical representation of what a building will look like after construction, used by builders and contractors to construct buildings of all kinds. Building plans are also useful when it comes to estimating how much a project will cost, and preparing project budgets. It complements a building permit a document that must be filed by the applicant with the local authority before construction to indicate that the proposed construction will adhere to ordinances, codes, and laws.

In most countries, including Nigeria, it is customary to obtain a permit or approval from appropriate authorities, which is necessary before construction can commence. This is to ensure that builders and contractors comply with building laws and codes and to prevent people from just constructing as they deem fit.

Here in Lagos state, the Ministry of physical planning and urban development operates with such agencies or authorities as the Lagos State Physical Planning and Development Authority (LASPPDA) who coordinates the activities of the collaborative operation of the district office (DO) and the development permit department (DPD); which also has in their hierarchy, the local Planning Authorities (LPA) and the Physical Development and Monitoring Departments (PDMD).

Section 102 of the Lagos state Urban and Regional Planning Development law 2010 describes a planning permit as an approval or asset given for the time being to a development and includes Layouts or Sub-Division Plan, building control authorization given at construction and post- construction stages. In getting a building plan approval, the land where the building is to be erected must first and foremost have a Title (read more on Certificate of Occupancy) before your building plan can even be assessed by the appropriate bodies. Also, the location and the land size is a major determinant in deciding the height and the size of your structure, depending on the area the building is to be situated or the kind of building you intend to put up.

Obtaining development permits from the relevant authorities is the link to make up a fundamental part of the construction process. There are laid down processes which are expected to be followed when applying for building plan approval through government agencies and authorities. The development permit departments comprise of the district offices as well as the local planning authorities for the discharge of their primary responsibilities; which is to maintain normalcy and to forestall arbitrary changes in building designs which does not align with the approved plan by setting out reasonable regulations to bring about a sanitized environment.

The first thing to do when you want to commence construction on a titled land in Lagos state is to obtain a development permit from the Lagos State Physical Planning and Development Authority (LASPPDA) empowered by the Lagos state Urban and Regional Planning Development law 2010 to provide for the administration of Physical Planning, Urban and Regional Department. It bears the power to grant building permit for any physical development proposed within the geographic premises of the state within which the land is found.

In achieving these, certain documents are required from the clients or the client’s representatives as basic formalities and for record purposes in anticipation of disputes that might arise and compensation by the government in the occasion of an overriding public interest. As was the case in Olatunji v. Military Governor of Oyo State (1994) LPELR-14116 where the Court of Appeal, per Salami JCA (as he then was) held as follows: The Appellant can legitimately protest the acquisition if the purpose for which the land was being acquired was not within the confines of definition of public purpose as defined in Section 50 of the Land use Act.

The acquiring authority failed to state the public purpose for which the property was acquired. He kept it up his sleeve. In this connection Waddington, J., said in the case of Chief Commissioner, Eastern province v. Ononye 17 NLR 142 at 143 thus- “the notice merely states “for public purposes” and I find it difficult to understand why the particular public purpose is not stated. When the matter comes into court it has to be admitted that there is no public purpose involved at all; and the impression is liable to be conveyed, no doubt erroneously, that there was something ulterior in the failure to make the purpose public. The Court went further to hold that the holder of land compulsorily acquired by government is entitled to know the ground(s) for the government’s acquisition of his interest in the land.

. Means of Collateral:
One of the benefits of having genuine documents on land and the heirs of the owner upon his/her demise. Obtaining a Certificate of Occupancy goes deeper than merely granting you landed properties it is for such documents to be used as a means of collateral to secure a loan from the bank or mortgage institutions whenever the owner of such land and landed property requires some financial aid to execute a particular project. It is not only at the banks or mortgage institutions where genuine documents on land and landed properties can serve as a requirement for loan advancement, but other areas or channels which the owner of the land and landed properties deems it fit to present his/her property documents as a means of collateral.

2. Easy to Transfer ownership/Alienation:
Another benefit of having genuine documents on land and landed properties’ is that it allows for easy transfer of ownership and/or alienation of such land and landed property on the part of the purchaser and seller. This will be made possible after thorough search at the appropriate land registry as to the ownership status of the land and landed properties. Also, it will be very beneficial in the event of transferring or alienating the land and landed properties the land to ownership of.

3. Adequate Compensation:
Whoever has genuine documents on his/her land and landed properties stands a great chance of been adequately compensated in the event of any compulsory acquisition exercise embarked upon by the government (State and Federal) for the overriding benefits and/or interest of the citizens of the state or country. In the event of compulsory acquisition exercise, the appropriate government or agency involved will only compensate those people that have genuine documents on their affected land and landed properties upon presentation and scrutiny of its legitimacy.

4. Established Ownership Status:
This is also one of the greatest benefits of having genuine documents on land and landed properties as it helps the holders of such documents to establish true and ownership status on any matter relating to such claim. Having genuine documents on land and landed properties can help to establish ownership status at the Lands Registry, Court of law during disputes, financial and mortgage institutions, etc

5. Sense of Security:
Another benefit of having genuine documents on land and landed properties’ is the sense of security that comes with it. This is so because whoever has genuine documents on their land and landed properties will greatly be at peace with themselves on all their real estate investment holdings as they are well secured. Genuine land and landed property documents serve as an instrument of security for the guidance and protection of holders of such documents against theft, encroachment or illegal transfer/alienation of their land and landed properties without their prior knowledge or consent.

6. Increase In Value:
Genuine documents on land and landed properties is also of benefit in land and landed property appreciation as it plays a major role or factor in determining land and property values.

In 2015, the Lagos State Governor, Akinwunmi Ambode approved the release of Electronic Certificates of Occupancy and it has since been officially adopted. Prior to the approval, advertised schedule had been published in several publications.

To collect their C of O, the allottees listed in the schedule were expected to visit the Lands Bureau at the Alausa Secretariat in Ikeja for the collection of their Certificates of Occupancy. The electronic Certificate of Ownership contains a transactional page, which shows all transactions that have taken place on the land. The good thing about this is that it allows you to assess the history of any land in question.

The inability of many landlords and property owners to lay claim to a valid certificate of occupancy led to the introduction of the electronic certificate of occupancy by the state government to aid the rapid issuing of certificate of occupancy (C of O) documents to landlords and property owners.

The electronic certificate of occupancy is globally accepted in accordance with the international standards on land management and administration. The benefit that is associated with the certificate of occupancy documents is however not limited to the previously mentioned advantage due to the fact that it can also be used in applying for numerous credit facilities as far as financial institutions are concerned in addition to being used as a collateral for a lot of things that could be of immense value to the owner.

In a bid to ease the stress of acquiring documents for property bought in Lagos State, the state government introduced the new Electronic Certificate of Occupancy. The current YELLOW 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.

With the introduction of the E-C of O under the New Lagos State Certificate of Occupancy project, all C of Os currently in circulation might be withdrawn and replaced with the E-C-of-O, which officials say will be genuine and verifiable.

The objective of the project is to establish a fully automated and computerized method for issuing C-of-Os and increase public/investor confidence by instilling integrity in the C-of-Os issued by the state government in ensuring that it has a state-of-the-art security features, to avoid fraudulent practices, also the paper that would be used as physical evidence of possessing the electronic certificate had been specially designed by a world renowned security document company.

The electronic certificate does not in any way render the former yellow version worthless. It remains a very valuable land instrument and can be used as a legitimate document to conduct land and property related transactions until the time when they can be exchanged for the electronic copy of the certificate of ownership.

We are a firm of Legal and Real Estates professionals, with in-depth experiences in document-processing, vetting, drafting and perfection. Our aim is to make your document-processing hitch-free and timely. We provide advisory services with regards to Land Documentation & Perfection & Acquisition in Lagos and other parts of Nigeria.

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A Certificate of Occupancy has become the most popular piece of evidence of title. Grounds for its prominence are not far-fetched, it is statutorily provided for as evidence of title, since the Land Use Act now vests all land in a given state in Nigeria in the governor of such state.

It then follows that whoever lays claim to any land must do so with the consent of its trustee – the Governor. It is for these reason financial institutions which still regard landed property as the most reliable form of collateral for its facilities, do have preference for Certificate of Occupancy over other land documents.

The Supreme Court confirmed this position when it held in the case of [b]GRACE MADU VS DR. BETRAM MADU (2008] 2-3 S. C.(PT. II) 109, that “The settled law in grant of C of O, is that once a person is granted a C of O over a parcel of land, he is entitled to hold that parcel of land to the exclusion of any other person unless the C of O is for good reasons, revoked by the same authority that granted it…”

“The Certificate also raises the presumption that at the time it was issued, there was not in existence, a customary owner whose title has not been revoked. It should however be noted that the presumption is rebuttable because if it is proved by evidence that another person had a better title to the land before the issuance of the Certificate of Occupancy in which case the Certificate of Occupancy will stand revoked by the court”.

The above position consolidated an earlier Supreme Court’s decision in the millennium case of SUNMONU OLOHUNDE & ANOR VS PROFESSOR S.K. ADEYOJU (2000) 6 S.C. [pt. iii] 118 where the Court toed the line of OGUNLEYE V. ONI 1990 2 NWLR PT 135 733 that a Certificate of Occupancy is not a conclusive evidence of title in favour of its holder, when it held that-

“The point must be stressed that a certificate of statutory or customary right of occupancy issued under the Land Use Act, 1978 cannot be said to be conclusive evidence of any right, interest or valid title to land in favour of the grantee. It is, at best, only a prima facie evidence of such right, interest or title without more and may in appropriate cases be effectively challenged and rendered invalid and null and void”

Conversely, it is common knowledge that every seven out of ten houses or properties have not successfully obtained their Certificate of Occupancy. Several reasons have been adduced to this reluctance by those who kept their distances from this all important document. First of all, landlords and property owners are unaware of the importance of the Certificate of Occupancy until the question of TITLE comes up.

Whoever a buyer buys the property from, be it from the government or individual, the state government’s consent is needed to legitimize such purchase. For landlords and would-be Real Estate operators, it is important to be aware of the necessity to have the Certificate of Occupancy.
Individuals or corporations seeking to buy land in Lagos have several options: They can buy straight from the government in the case of government acquired land or buy from individuals who have bought from the government or bought from the customary land owners (popularly known as Omo o’nile in Lagos), upon verification of the authenticity of the land from the land bureau office.

It is thus trite that where a Certificate of Occupancy is irregularly issued to a holder, the court has the power to declare the Certificate of Occupancy a nullity and same can be set aside. This position was well adumbrated by the Court of Appeal in the following cases: In OFOEZE V. OGUGUA (1996) 6 NWLR (Pt 455) 451, the Court held that Certificate of Occupancy does not confer an indefeasible title to land. This trend was followed in ANGBAZO V. SULE & Ors. [1996] 7 NWLR 285 while in MBASHINYA V. LIMAN (1996) 3 NWLR (Pt 434) 62, the court held that the right of an existing holder or occupier of a parcel of land is not automatically extinguished by a mere issuance of a Certificate of Occupancy to another person under the color of a person in occupation. It does not extinguish the right of any other person having a customary right over the land.

Consequently, any person without title to a parcel of land in respect of which a Certificate of Occupancy was issued acquires no right or interest, which he did not have before “ex Nihilo Nihil Fit” that is, we cannot build something on nothing.

It must be noted that a Certificate of Occupancy may be a good title, where there exists a valid right of occupancy by the holder before the advent of the Land Use Act. However, where a Certificate of Occupancy is issued to a holder without due regard to the rights and interest of an occupier or holder of a right of occupancy, such a Certificate of Occupancy evidences nothing and does not confer any right or interests in the affected land.

The procedures and requirements for obtaining the certificate vary from jurisdiction to jurisdiction and on the type of structure in question.
The Lagos State Government has said that new applicants for Certificate of Occupancy on properties would be issued the document within 90 days of payment. The state government stated that‎ the speed is to ensure that the process of applying and getting the copy of the C of O is not only less cumbersome but treated within the stipulated time.

A Certificate of Occupancy issued by the Lagos State Government is for a lease period of 99 yrs.

NOW THE CRUCIAL QUESTION: WHAT HAPPENS AFTER 99 YEARS?
This question is still an area under discussion among experts. Most of who have adopted a wait-and-see position. Others propose that as the new owner of the land, the buyer can renew the certificate of occupancy when it expires. That seems logical, but for now is largely a case of “Until then”.

We have a broad range of Land documentation services available, from

* Deed of Assignment
• Deed of Gifts
• Deed of Mortgages
• Search and Title Verification
• Certificate of occupancy
• Building Plan Approval
• Ratification
• Titles & Requirement

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A certificate of occupancy (CofO) is an official document that acknowledges the right to ownership of a certain property. It is proof that the governor of the state has obliged his consent and is aware that a right of possession has been given to the individual, corporate entity or group of persons to whom a Certificate of Occupancy has been issued.

Prior to the enactment of the Land Use Act, Title documents like Land Certificate, Purchase Receipt and Registered Conveyance were in use. Ever since the advent of the Land Use Act in 1978, Certificate of Occupancy has become the root title land owners in Nigeria hold or seek to hold.

In Nigeria today, Certificate of Occupancy is issued by State governments to a land/property buyer as a proof of ownership. The 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Land Use Act vest the power to issue the Certificate of Occupancy in the Governors of the states. It is therefore the responsibility of every property owner to approach the government within which state the property is located for the issuance of a Certificate of occupancy.

Thus, a certificate of occupancy is a document that acknowledges the right to ownership of a certain property. The document shows that a certain property has been assigned to you for a certain period of time usually Ninety-nine years pursuant to the necessary provisions of the Land Use act. It confers exclusive right of possession on the owner.

Obtaining Governors consent from the Land Bureau is not the simplest thing to get a hold of despite the importance attached to it. On the Lagos state website, it is stated that a Governors Consent can be obtained within 30 days but in our experience that has been nearly impossible even though the Government is trying all it can to meet up with this expectation.

A Governor’s consent that naturally should be concluded within 30 days could translate to 6-months or a Year to perfect based on the strength of the agency/consultant handling the job.

The requirement of Governor’s consent is critical and of great importance to mortgage transaction .In SAVANNAH BANK V. AJILO (1989)1 NWLR Pt97 Pg 305, the respondent mortgaged his land which he acquired before the Land use act to secure a loan. Being a legal mortgage, the appellant who is the mortgagee decide to exercise his statutory power of sale when the mortgagor/respondent refuses to pay the loan. The respondents commence an action to stop the sale of the mortgaged property on the ground that the Governor’s consent was not obtained. The Supreme Court held that for both actual grant and deems grant the consent of the Governor is needed and failure to obtain such consent renders the mortgage void (that is not enforceable by the court).

ADVANTAGES OF OBTAINING GOVERNORS’ CONSENT
1. Evidence of Ownership
2. Higher Property Value
3. Security of Title
4. Ease of Transaction.

THE FEATURES OF GOVERNORS CONSENT MUST CONTAIN THE FOLLOWING

1. The Form 1c; which must be signed by the purchaser and vendor that has either a Gazette or Global C of O or in the case of an Individual that has a private C of O granted to him by the Governor.
2. A covering application letter by the Agent or by the Attorney to the Applicant filing the application for Governor’s consent. Contained in the letter must also be the address, telephone numbers, mobile numbers and where possible an email address of the Applicant.
3. A certified original copy of the Title document of the property.
4. Four copies of a Deed of Assignment prepared by the buyer's Solicitor who must include signatures of the parties to the transaction, the cost of the land/property, size of the land description of the land, the copy of the survey attached to it and signature of witnesses to the transaction.
5. Photographs’ of the property.
6. Three passport photographs of the Assignee on white background attached to the front page of each copy of the deed.
7. Current tax clearance certificate of the parties involved in the property transaction. Please note that if you do not have one, an assessment is raised immediately in that regard.
8. The Consent will be heavily stamped from the beginning to the end and upon completion and payment of the requisite fees, the Governor or his representatives such as the Commissioners will sign and date the Consent and stamp it with their official Seal.
9. The land bureau after that will assign a Consent number to that document for reference purpose for life and it’s with this Consent number that the documents will be registered and recorded in their archives for future references.

All these documents are forwarded to the office of the Surveyor General for charting. If there are no defects in the survey plan, a clean report is sent to the Lands Bureau and a demand notice is issued to the applicant for the following fees which are percentages of the assessed value of the property. These fees are paid via bank draft in the name of Lagos State Government and receipts are issued.

 Consent fees – 8%
 Capital gains tax – 2%
 Stamp duty fee – 2%
 Registration fee – 3%

From experience it takes three months to conclude a Governors’ consent from the point of payment of the assessment.
Although the State Government has a 30days Approval project which was launched in the early part of the ACN government in Lagos, however what applies in practice is simply a case of “WHAT THE LAW IS AND WHAT THE LAW OUGHT TO BE”

[b]Are you considering buying property in Lagos or already in the middle of a property transaction and you need professional advice and assistance? If you are, then this is for you!

This guide is meant to explain the process to anyone who is interested in buying property in Lagos in order to ensure that it is done safely and lawfully. Acquiring land or developed property is one of the dreams of every Man; it can be very exciting and very scary all at the same time. This is especially so because in Lagos, Nigeria there is always the risk of deception.

 DECIDE ON A BUDGET AND LOCATION:
Buying a property is a big step concerning an important lasting financial obligation, so be considerate about what you can afford. Also, if you intend to live in the property, then you need to be sure that it is in a location you are happy at and can be for a long time. Once this is decided, then you are good to go and can move on to the next step.

 HIRE A COMPETENT LAWYER:
Yes, all lawyers have some idea about property law, but there are some nuances and issues which someone who is not a specialist in property matters would easily miss. Not all lawyers are experts in property transactions; it is not enough that you hire a lawyer. Therefore it is critical that the lawyer you hire can prove to you that they know what they are doing, so it is important that you hire the right lawyer. Let you decision to hire a lawyer be based not on convenience or price, but on competence and experience.

 LOOK FOR THE IDEAL (OR ALMOST IDEAL) PROPERTY
The next step is to begin the search for properties which match your budget and location. At this point, you can engage the services of an estate agent, who will look for properties which match your criteria, create a shortlist for you, and then organise for you to inspect the properties shortlisted. Your lawyer can also assist you in recommending a trustworthy estate agent, he/she should have several estate agents they work with and can recommend to you.

 INVESTIGATE THE SELLER
This phase is where your lawyer will conduct the proper searches, ask the right questions, and request for the right documentation to determine if the person you are speaking to about the property, has the right to sell. This is EXTREMELY important especially when the property in question is family land. When you find a property you are interested in, you should always ensure that the person you are dealing with is the owner of the property or someone who has the valid authority to sell the property.


 INVESTIGATING THE PROPERTY
At this stage, the lawyer will conduct the relevant searches and examine the appropriate documentation to ensure that the property is free from any encumbrance or pending litigation, that the property is not the subject of any Government acquisition, and that the property is not subject to any overriding interests.

 PHYSICALLY INSPECT THE PROPERTY
At this stage, if you have confirmed that the person you are dealing with has title, and the property is free from any issues, then you should visit the land to physically inspect it. At this stage you want to ensure that the land and the environment meet your expectations. It is also advisable to conduct a site visitation with a registered surveyor who will look at the survey plans and advise on the property as well.

 NEGOTIATION
At this stage, it is now a matter of agreeing on an acceptable price for the land. Your lawyer will also be able to give you a solid indication of what future liabilities will exist for you (stamp duty fees, other government fees), so you can factor that in when making an offer. It is also a good idea to have an independent valuation of the property carried out in order to have a guide regarding the value of the property and whether the amount being negotiated represents fair market value of the property.

 DOCUMENTATION
If the negotiation goes well and the offer is accepted, then your lawyer (and the seller’s lawyer) can move to the stage of drafting and negotiating all the completion documents. In land transactions in Lagos, there are 3 main documents – the contract of sale, the receipt, and the Deed of Assignment. The lawyers will deal with this, and ensure that the interests of both parties are addressed.

 COMPLETION, EXCHANGE & POSSESSION
At this stage, the land transfer process is gathering pace, the buyer and the seller have signed and exchanged contracts, and the buyer is now in possession of all the original title documents and transfer documents. The purchase price of the property has also been made at this stage. Once all that is complete, the buyer becomes the owner of the property and can take possession.

 POST-COMPLETION
Once the buyer has taken physical possession of the property, the next step is to file all the necessary documentation with the appropriate government authority and then commence the process to obtain Governor’s consent of the transaction. Once Governor’s consent is obtained a Certificate of Occupancy is issued, and the property transaction is then complete.
Please note that by virtue of the provisions of the Land Use Act, ownership of all property in a State vest in the Governor, and a right of occupancy is given to a person for a maximum of 99 years.
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The land ownership system in pre-colonial Nigeria was communal. Land was deemed not owned by individuals but by communities and families in trust for all the family members. The legal estate under customary land tenancy is vested in the family or community as a unit.

The Land Use Act of 1978 was enacted to redirect the general philosophies of pre-existing land tenure systems in Nigeria through the application of a uniform statutory regulation of ownership and control of land rights and to stimulate easier access to land for greater economic development as well as promote national and social cohesion.

The statutory right of occupancy granted by a Governor is presently the highest right to land in Nigeria. This right of occupancy is a right which allows the holder to use or occupy land to the exclusion of all other persons except the Governor and is granted for a maximum holding period of 99 years, subject to the payment of ground rent fixed by the Governor throughout the holding period.

An individual in possession of Land with a certificate of occupancy who desires to transfer ownership of a titled land with CofO would require as provided under the Land Use Act, 1978 the consent of the Governor of that state for such transaction before the transaction can be deemed legal in the eyes of the Government.

In UNION BANK OF NIGERIA AND ANOR V. AYODARA AND SONS (NIG) LTD (2007)13 NWLR Pt 1052 Pg 567, the respondent obtained a loan from the appellant and executed a deed of legal mortgage on his property. The consent of the Governor in respect of alienation of the property was communicated by the chief land officer for the permanent secretary who acted for the honorable commissioner of lands and housing to who powers to give consent was delegated. When the respondent/mortgagor defaulted in payment, the appellant move to sale the property. The respondent challenge the sale of the property on the ground that the consent of the Governor was not duly obtained. The Supreme Court held that the chief land officer for the permanent secretary for the commissioner of land and housing was not the proper person to give consent as such power cannot be exercise by him. Thus non-conformity with Section 22 of the land use act renders the mortgage transaction void.

The power of the Governor to give his consent in certain transactions is provided for in Section 22 of the Land Use Act 1978 which states that: “It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, and transfer of possession, subleases or otherwise howsoever without the consent of the Governor first had and obtained”.

This power confers on the Governor the right to consent to any of the transactions stipulated in the Act, provided that they are valid. However, if the initial certificate of occupancy which is the root title of the land is obtained fraudulently, the Governor may revoke same immediately. The promulgation of the Act brought about the vesting of exclusive powers over land within the territory of any given State in the Governor of that State.

Sections 21 and 22 of the Act prohibit alienation, assignment, mortgage, transfer of possession, sub – lease or otherwise howsoever customary or statutory rights of occupancy in Nigeria without the consent and approval of the Governor of the state where such right of occupancy was granted.

Since the land is held in trust by the state government, the Governor needs to approve that transaction. Otherwise, the title that will be passed would be deemed imperfect. This means that the final authority on landed matters is not aware of the transaction, the implications can be terrible a times especially if one of the parties to the transaction decides to be “dubious”.

In the occasion where a property owner desires to exercise his rights over his property in which he holds an equitable interest when such owner decides to resell, mortgage, grant an interest in the property for long periods of time (3 years or more) or carry out other transactions prescribed by the Act on the property, the consent of the Governor will be required to validate such transaction. Failure to obtain the required consent renders the transaction null and void, thus making the rights of any third party unenforceable in the event of a breach of contract.
Therefore, for a transaction of this nature to be valid, a deed of assignment, deed sub-lease, deed of partition, deed of mortgage and so on must be drafted by a Lawyer, duly signed by both parties and acknowledged by the Governor through a consent vesting a valid title on the purchaser and subsequent transactions on the same land would be registered as a Governors Consent.

In other words, the first person on a land is the only person or group of persons entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that land must get a Governor’s consent. There can only be one Owner of the Certificate of Occupancy on a Land and it will not be replicated for another person once the land has been sold or transferred to another person.

In addition, an advantage of having a Governor’s consent is that you can transfer your land to another person without going back to the initial seller or Family Baale to sign your deed and Form 1c which are compulsory requirements needed before one can process Governors consent.

Regularisation of title to land is the process of granting title to those who have erroneously purchased uncommitted Government acquisition.

The Lagos State Government land regularisation exercise is not aimed at confiscating property without valid title but to ensure that all property falling within un-committed government acquisition are properly documented and granted legal title where applicable.

For unsuspicious members of the public who have encroached on a Lagos State Government Land, there is a window of opportunity to get a valid tile on such a land which is known as Regularization, the policy avails buyers of uncommitted Government Land the opportunity to obtain legal title to the land based on two main conditions. It is also the process of allocating Government land to someone who previously occupied landed property without lawful authority from the State Government.

Firstly, that the land is not situated within a Government Scheme, Estate or Committed Area; and Secondly, that the land is situated within an area that conforms with Urban and Regional Planning regulations and standards of the State (the appropriate distances from drainage systems, canals, oil and gas pipelines, PHCN transformers, high tension wires, electricity and telephone poles, water pipelines is observed, the beacons on the survey plan conforms with what is on the subject site and that the subject site does not fall on road alignments and is not within forest reserve).

To ascertain the status of land, a Land Information Certificate must be obtained from the Office of the Surveyor General. The certificate is the result of a search done on the land which will show if such a land is any of (A) Under Acquisition but Not Committed, (B) Under Acquisition and Committed or (C) Not under Acquisition. Regularization is required for category A, category B is out of bounds to anybody while category C does not require regularization.

Apart from titles to land, the Directorate of Land Regularisation is also charged with the responsibility of processing applications for the grant of building plan approvals in a situation where structures have already been erected on the land.

FUNCTIONS AND ACTIVITIES
The conditions precedents for regularisation are that:
• The subject site must not fall within a Committed Government Acquisition.
• The subject site must not fall within an existing Forest Reserve or Agricultural Land Use.
• The subject site must not fall on road alignment.
• The appropriate Setback must be observed.
• The appropriate distances from Drainage Systems, Canals, Oil and Gas Pipelines, Electricity Substation, High Tension Power Line, Electricity and Telephone poles, Water Pipelines, etc., as laid down by Physical Planning and Town Planning Laws must be observed.

• The subject site must fall within the permitted Regularisation Area

DOCUMENTS REQUIRED FOR REGULARISATION

• A covering letter by the agent or person filing the application for regularization must accompany the application. This covering letter should contain the following contact details of the applicant: address, telephone numbers, and mobile phone numbers and where possible an e-mail address.
• A duly completed application made on (Land Regularisation Form 1) obtainable from the Lands Bureau. The Form must be dated and signed by the applicant and sworn to before a magistrate or notary public.
• Four passport sized photographs of the applicant
• Land Information Certificate
• Photocopy of Purchase Receipt duly stamped
• Current Special Development Levy N100.
• Evidence of payment of Income Tax
• Sketch Map of Site Location
• Three Original Survey Plans.
• Photocopy of Proof of Identity (national ID card, driving license, Voter card, or the data page of international passport).
• Letter of Authority (if the application is filed by a person other than the applicant)

In a situation where a building has been erected on the land, the additional requirements are as follows:
• 5 Sets of Architectural Drawings
• 5 Sets of Structural Drawings
• Clearance Letter in lieu of Title Documents Sun print Copy Of Survey Plan
• COREN Letter of Supervision
• Sworn Affidavit in Lieu of Tenement Rate
• EIA report if land Title to be granted is commercial (2Copies)
• Payment of processing fee for building plan approval
• Photograph of property

WORKFLOW &PROCEDURE

STAGE 1 : Applicant submits application for regularization to the Directorate of Land
Regularization for processing.

STAGE 2 : The Directorate of Land Regularization will chart the survey Plan and
Thereafter carryout site inspection of the land.

STAGE 3 : If the report of inspection is approved, the Directorate of Land
Regularization further progression is by raising a demand notice for
Necessary payments.

STAGE 4 : Upon payment of necessary Land Charges evidenced by Treasury receipt,
The Directorate of Land Regularization prepares the letter of allocation
For processing the Certificate of Occupancy and forward same to the
Executive Secretary, Land Use and Allocation Directorate for endorsement
And thereafter release request to the applicant.

STAGE 5 : The applicant’s file containing the Certificate of Occupancy is sent through
The Permanent Secretary to the Hon. Attorney General and Commissioner
For Justice for Endorsement.

STAGE 6 : The Certificate of Occupancy is further processed for stamp duty and
Registration and released to the applicant.

Recently published by Thisday Newspaper, the administration of Governor Akinwunmi Ambode recently issued an edict strongly warning all local chiefs and traditional rulers statewide to desist from land grabbing and other associated illegal activities or face dethronement in consistent with the Lagos State Property Protection Law.

A new order is gradually unfolding in Lagos State. It first stemmed from the determination of the state Governor to deepen the rule of law. It also emanated from the need to promote social justice across the state. It was equally inspired by Ambode to make Lagos the first destination for foreign investors and a centre of attraction for all categories of tourists.

This resolution explained the rationales behind the enactment of Lagos State Property Protection Law and Lagos State Neighborhood Safety Corps Law, which concomitantly came into force on August 15, 2016. This legislation was enacted to address the challenge of land grabbing, which Gov. Ambode argued, had cost thousands of residents their life-time savings and compounded the state’s ease-of-doing-business record. For the Governor, “the state’s ease-of-doing-business record is not good enough to realise our vision of making the state a true investment and tourist destination.”

Driven by this vision, Gov. Ambode promptly set up a Special Task Force on Land Grabbers just after he took up the rein of power in 2015. And the taskforce was set up with a definite mandate, which the state Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, ascribed to the need to arrest the menace of land grabbing and protect the victims of such acts pure and simple.

As well, Gov. Ambode was not oblivious of what the trend had been costing the state per annum. Findings from different institutional researches showed that land grabbing had been a source of disincentive for local and foreign investors in the state. Hence, He said, it becomes imperative to protect their interests and ensure social justice where those interests are unlawfully undermined.

Already, the State House of Assembly had passed the law, which earned public approval statewide. Subsequently, Gov. Ambode assented to it, which created anxiety and disquiet in the rank of land grabbers. Also, enforcement had kicked off with some suspects now standing trial before different courts. In some parts, however, land grabbers are still on the prowl against the provisions of the law.

However, the governor is not wielding the sticks of enforcement alone. No doubt, Gov. Ambode had not left any stone unturned with respect to enforcement. But he had equally created a window for robust engagement with critical stakeholders – royal lineages, land-holding families and individuals among others, which Kazeem described as the second phase in the enforcement of the law.

As the Attorney-general said, Gov. Ambode had directed the Office of Civic Engagement and Special Taskforce on Land Grabbing to meaningfully engage all stakeholders district by district and division by division. And the engagement was, first and foremost, designed to educate and enlighten all the stakeholders on the provisions of the state’s anti-land grabbing legislation.

Also, Gov. Ambode seized the forum with stakeholders to convey the commitment of the state government to full enforcement. So, Chairman of the taskforce, Mr. Akinjide Bakare said there would not be any sacred cow, citing Gov. Ambode’s pledge “to uphold the rule of law and guarantee social justice.” For any reason, he said, the state government will not entertain any breach or spare any violator.

Specifically, Bakare said the law “does not protect any traditional rulers if they are on the wrong side of the legislation.” He added that the law stated that any traditional ruler that engaged in land grabbing and other unlawful activities “will be dethroned.” Likewise, the attorney-general said, the law will be enforced against any violator irrespective of his/her social status.

“Our word is our bond under the Ambode administration,” Kazeem said. He said this was evident in the number of high profile land grabbing cases the state government currently being prosecuted in different courts of competent jurisdiction. He, therefore, said the state government “is determined to ensure that people who acquired properties were protected from activities of land grabbers.”

Under previous regimes, he said, there was no specific legislation to effectively protect different interests against land grabbers. Under different guises, he said, people fell into the traps of land grabbers. Sometimes, he added, original land owners became a victim apart from investors. So, he said, there shall be no sacred cow because this government stands for justice, prosperity and security.

But the state government had started creating awareness among different interests, royal lineages, land-holding families, traditional rulers and individuals, on the provisions of the law. As the Special Adviser on Civic Engagement, Mr. Kehinde Joseph said, a number of public fora had been organised already on the provisions and significance of the anti-land grabbing legislation.

Across the state, Joseph explained how the Ambode administration has been creating awareness about the new regime. So, according to him, the regime is not about stick alone. A window has been created for public enlightenment and mediation where required. Apparently, he said, Ambode will not take any decision without gainfully engaging all interests and stakeholders. He said this inclination was in line with Ambode’s proclamation to run a government of inclusion at all levels.

Joseph thus explained what the situation was prior to the advent of the Lagos State Property Protection Law on August 15, 2016. Before the new regime, he said, acquiring property in the state was a nightmare, especially from individual to individual. Likewise, he added, acquiring land from land holding families, communities and royal lineages was fraught with fear and uncertainty.

He said people could not guarantee safety of their properties. In the same space, he explained, forceful takeover and fraudulent conduct became rife in different parts of the state. Aside, the special adviser noted that land grabbing became a syndrome,” which according to him, the Ambode administration had put in place diverse institutional measures to resolve.

Across all local councils, the special adviser cited how many communities were ransacked and property wantonly destroyed. He, also, lamented an unprecedented rate at which land grabbers were invading parcels of land acquired by the state government in the overriding interest of the public. Often, he said, land grabbers trespassed with impunity and against public interest.

By implication, Joseph said, a lot of people lost their lives as a result of this brigandage. Likewise, he explained that people were denied access “to the property they purchased with their hard-earned money. For these reasons, the Ambode administration came up with the State Properties Protection Law,” which he said, had started checkmating the unlawful activities of land grabbers.

Conscious of the need for effective enforcement, the special adviser said the Ambode administration “has set up a Special Task Force on Land Grabbers,” which he said, was designed “to incisively deal with individual or groups of individuals that might be on the wrong side of the law. As citizens, it is our civic responsibility to obey the law as ignorance of the law is no excuse.

“The state government will not hesitate to wield the big stick against any person, however highly placed in the state, who violates the law. Such individuals or groups of individuals are undesirable in our communities. Our people deserve to live peacefully and enjoy their property. Anything short of this is not acceptable to the Government of Lagos State,” the special adviser said.

Consonant with the state land reforms, however, Joseph emphasised the need for all land owners to perfect the title documents of their property, which he said, would give them outright rights over parcels of land they acquired. He asked them “to take advantage of the land reforms to perfect their land title documents. It is easier and faster now to obtain these documents.”

Apparently, the law does not only recommend dethronement of traditional rulers and local chiefs, who may run afoul of it. It equally recommends different sanctions, which range from three-month jail term to ten-year jail term, which Gov. Ambode said, he was committed “to fully enforce irrespective of who breached the legislation. We are committed to promoting the rule of law.

Without mincing words, failure to observe the new regime will attract grave consequence, says the attorney-general. So, he warned, no individual, family or community should treat the new regime with levity and triviality. He said the state government would enforce the law against any individual or group of individuals found wanting of the law no matter how highly placed in the state.

Kazeem, therefore, made a very critical observation about land grabbers, some of whom he said, were being sponsored by highly placed individuals across the state, mainly traditional rulers. Irrespective of their social status in the state, the attorney-general said, any person that breach the law or engage in illegal activities in any parts of the state would face the full wrath of the law.

He, thus, explained the core objective of the State Property Protection Law, which according to him, sought to reduce to the barest minimum the activities of persons or corporate entities using intimidation “to dispossess or prevent any person or entity from acquiring legitimate interest and possession of property acquired through state government or private transactions.”

For this purpose, the attorney-general said Gov. Ambode specifically set up the Special Task Force on Land Grabbers to ensure enforcement of the State Government and Private property Rights in the state and ensure proper coordination of the efforts of the various agencies of the state government charged with enforcing the state government’s rights overland in Lagos.

He disclosed different punitive measures, which he said, would be awarded against any person prosecuted and convicted of land grabbing. He cited Section 2(1), which states that as from the commencement of the law, no one shall use force or self-help to take over any landed property or engage in any act inconsistent with the proprietary right of the owner in the State.

Pursuant to section 2(1), also, Kazeem cited section 2(2) of the law, which specifically states that any person or persons who have used force “to take over the properties of others and still do so after 3 months from the date of commencement of the law commit an offence. Anyone who commits such offence is liable to 10 years imprisonment.”

For those who use threat or violence, the attorney-general said anyone without lawful authority who applies threats or violence “to secure entry into any landed property for personal use commits an offence. Regardless of if the entry is lawful, it does not give a right to use threats or violence and anyone who commits the offence shall be liable to 10 years imprisonment.

As enshrined in section 3(4) of the law, the attorney-general said any person or groups of persons who resort “to the use of fire arms or offensive weapons or is in any way armed or wounds any person while committing the act of forced entry is liable to four years of imprisonment.” He, therefore, said the state government “is committed to unalloyed enforcement of the law.”

Already, the law has created a relative order statewide, says Mr. Oyebanji Abuloye, a public notary with interest in land matters. However, he argued, it is not just about its enactment. Rather, he said Ambode’s administration had transited its enactment to full enforcement, which according to him, was evident in the number of land-grabbing cases currently being prosecuted in courts.

So, he believed, there is much relief in the trench already. But Abuloye wants the state government to work with the police. He cited different cases he had handled in the state recently and land grabbers worked hand-in-hand with the police to carry out nefarious activities. While he endorsed Ambode’s anti-land grabbing initiative, he sought strategies to contain excess of the police.

Just after Gov. Ambode signed the law, Mr. Dele Oloke, Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, endorsed the anti-land grabbing initiative, which he said, had started curbing the illegal activities of land grabbers and their sponsors. Sad enough, he said the sponsors of land grabbers are sometimes respectable persons in the society and often circumvent the law.

Oloke, thus, believed the law had already reduced “to barest minimum the activities of persons or corporate entities who use force and intimidation to dispossess or prevent any person or entity from acquiring legitimate interest and possession of property acquired through state government or private transactions.” If enforcement is sustained, he said, there is an end in sight to land grabbing.