Governor’s Consent is a critical part of perfecting many land transactions in Lagos State.
Where the holder of a statutory right of occupancy assigns, mortgages, subleases or otherwise alienates the interest in circumstances covered by section 22 of the Land Use Act, the Governor’s prior consent is required. A transaction that requires consent should therefore be properly processed through the Lagos State land administration system.
Obtaining Governor’s Consent is not simply a matter of submitting a Deed of Assignment and waiting for an endorsement. The transaction undergoes documentary, survey, title and administrative checks before the relevant consent and registration processes are completed.
This article explains the practical process of obtaining Governor’s Consent in Lagos State and the documents generally required.
What Is Governor’s Consent?
Governor’s Consent is the statutory consent required for certain dealings with a statutory right of occupancy.
Section 22 of the Land Use Act provides that the holder of a statutory right of occupancy shall not alienate the right, or any part of it, by assignment, mortgage, transfer of possession, sublease or otherwise without the prior consent of the Governor.
The requirement is particularly relevant where an existing holder of a statutory right of occupancy transfers an interest in the property to another person.
The previous article, “Governor’s Consent in Nigeria: When Is It Required?”, explains the circumstances in which consent is required.
Who Processes Governor’s Consent in Lagos?
In Lagos State, land administration functions are handled through the Lagos State Lands Bureau and the state’s land administration framework.
The Lagos State Government’s official resources identify the Lands Bureau and provide access to land-related services through its government service platforms.
Applications should therefore be made through the applicable official Lagos State land administration process rather than through unofficial intermediaries.
When Should You Apply for Governor’s Consent?
Where a transaction requires Governor’s Consent, the consent should be incorporated into the transaction’s completion and perfection process.
A buyer should not treat consent as an optional document to be obtained only when the property is eventually sold again.
For a typical assignment, the parties should first establish the seller’s title, prepare and execute the appropriate instrument, and then process the required consent and registration in accordance with the applicable requirements.
The precise sequence can depend on the nature of the transaction and the state requirements applicable at the time.
Documents Required for Governor’s Consent in Lagos
The exact documentary requirements can vary according to the nature of the transaction and the current requirements of the Lands Bureau.
For a typical assignment, the application commonly requires documents such as:
1. Deed of Assignment
The executed Deed of Assignment is the principal instrument evidencing the transaction between the assignor and assignee.
The deed should accurately identify:
- The assignor;
- The assignee;
- The property;
- The nature of the interest being transferred;
- The consideration;
- The root of title; and
- The relevant survey and property particulars.
The deed should be properly prepared before submission.
2. Certified True Copy of the Root of Title
The applicant will generally need evidence of the title from which the interest being transferred derives.
Depending on the property, this can include a:
- Certificate of Occupancy;
- Previously registered Deed of Assignment with Governor’s Consent;
- Deed of Conveyance;
- Government allocation document; or
- Other acceptable title document.
The relevant title should be independently investigated rather than merely attached to the application.
3. Survey Plan
The application will ordinarily require survey information identifying the property.
The survey should correspond with the property being transferred and satisfy the applicable survey and charting requirements.
Lagos State’s official planning materials recognise title documents and survey documentation as important components of property and development applications.
4. Application Form
The applicable land administration form must be properly completed and submitted with the application.
Historically, Land Form 1C has been used for applications for Governor’s Consent in Lagos.
5. Identification and Photographs
Identification documents and passport photographs of the relevant parties may be required as part of the application.
The precise requirements should be confirmed against the current Lands Bureau checklist applicable to the particular transaction.
6. Corporate Documents
Where a company is a party to the transaction, the relevant corporate documents will be required.
These can include evidence of incorporation and documents establishing the company’s relevant particulars and authority to participate in the transaction.
7. Tax and Other Statutory Documents
Depending on the transaction and the stage of processing, the parties may be required to provide evidence of tax compliance and other statutory payments or documents.
These requirements should be dealt with as part of the application rather than left until the final stage.
Step-by-Step Process for Obtaining Governor’s Consent in Lagos
Although individual transactions can differ, the process generally follows these stages.
Step 1: Investigate the Existing Title
Before preparing the application, the buyer’s lawyer should investigate the seller’s title.
This should establish:
- The identity of the registered holder;
- The root of title;
- The property’s location and survey details;
- Existing encumbrances;
- Mortgages or charges;
- Previous assignments;
- Restrictions;
- Litigation or competing interests; and
- Whether the seller has authority to transfer the interest.
This is essential because Governor’s Consent is not a substitute for title due diligence.
Step 2: Prepare the Transaction Documents
The appropriate instrument, such as a Deed of Assignment, should be prepared to reflect the transaction.
The deed should accurately describe the property and the interest being transferred.
Errors in the property description, parties, root of title or execution can result in queries or delays during processing.
Step 3: Execute the Deed
The parties execute the transaction document in accordance with applicable legal requirements.
The buyer should ensure that the executed instrument accurately reflects the agreement between the parties before proceeding to the consent process.
Step 4: Prepare the Consent Application
The application is compiled with the required supporting documents.
For a typical assignment, this will include the relevant title documents, executed Deed of Assignment, survey information and the other documents required by the Lands Bureau.
Step 5: Submit the Application
The application is submitted through the applicable Lagos State land administration channel.
The Lands Bureau’s official functions include the administration of land-related services, and Lagos State provides access to government land services through its official platforms.
Step 6: Title and Survey Investigation
The application is subjected to the relevant checks.
Survey information can be examined for charting and conformity, while the title and land records can be investigated to identify issues affecting the transaction.
This stage is important because it can reveal:
- Conflicting survey information;
- Existing registered interests;
- Encumbrances;
- Problems with the root of title;
- Government acquisition issues; or
- Other defects requiring clarification.
Step 7: Address Queries
An application can be queried where the documents or information supplied are incomplete, inconsistent or otherwise unsatisfactory.
For example, a query can arise from:
- Defects in the Deed of Assignment;
- Inconsistency in the property description;
- Problems with the survey;
- Insufficient evidence of title;
- Missing documents;
- Inconsistency between the parties and the title documents; or
- Outstanding statutory requirements.
The applicant should respond to the query promptly and provide the documents or clarification requested.
Step 8: Assessment of Applicable Charges
Where the application progresses satisfactorily, the relevant government charges and other statutory liabilities are assessed in accordance with the applicable rules and valuation framework.
These can include amounts relating to:
- Consent;
- Registration;
- Stamp duties;
- Capital Gains Tax; and
- Other applicable charges.
The actual amount payable should be determined from the official assessment applicable to the transaction.
A buyer should not rely on an agent’s estimate as the final government charge.
Step 9: Make the Required Payments
Once the applicable assessment is issued, the required payments should be made through the prescribed government payment channels.
Applicants should retain official evidence of payment.
The Lagos State Government operates official platforms for government payments and services, including its centralised revenue infrastructure.
Step 10: Consent and Endorsement
After the application has satisfied the applicable requirements and the relevant charges have been dealt with, the instrument proceeds through the appropriate approval and endorsement process.
The consent is then reflected on the transaction instrument in accordance with the applicable procedure.
Step 11: Stamping and Registration
Governor’s Consent is not necessarily the end of the title-perfection process.
The instrument must also be stamped and registered as required.
Registration is important because it places the transaction within the land registration system and provides the formal record of the dealing with the property.
The buyer should therefore ensure that the transaction proceeds through the registration stage after consent rather than stopping after obtaining an endorsement.
How Long Does Governor’s Consent Take in Lagos?
There is no responsible single answer that applies to every application.
The processing time can depend on:
- The type of transaction;
- Completeness of the application;
- The state of the title records;
- Survey issues;
- Queries raised by the authorities;
- Availability of required documents;
- Outstanding taxes or charges;
- The complexity of the title; and
- Administrative processing time.
A straightforward application with complete documents can progress differently from one involving defective title documents, survey discrepancies or competing interests.
For this reason, buyers should be cautious about anyone promising a guaranteed processing period without reference to the particular application.
How Much Does Governor’s Consent Cost in Lagos?
There is no single flat amount that applies to every Governor’s Consent application.
The applicable charges depend on the transaction, property and assessment by the relevant authorities.
Potential costs can include:
- Consent-related charges;
- Registration fees;
- Stamp duties;
- Capital Gains Tax;
- Survey-related charges;
- Charting or other land administration charges; and
- Other applicable statutory payments.
Applicants should rely on the official assessment issued in respect of their transaction rather than outdated figures found online.
This is particularly important because government charges and administrative procedures can change.
What Causes Delay in Governor’s Consent Applications?
Several issues can delay an application.
Defective title documents
Where the root of title is unclear or defective, the application can be delayed while the issue is investigated.
Survey discrepancies
A mismatch between the survey plan and the official records can result in a query.
Poorly drafted Deed of Assignment
Errors in the deed can require correction before processing continues.
Missing documents
An incomplete application can result in queries and additional processing time.
Outstanding statutory obligations
Unpaid taxes, charges or other requirements can prevent the application from progressing.
Competing interests
Where the property is subject to another registered interest or dispute, the issue may need to be resolved before consent can properly be processed.
Can a Lawyer Apply for Governor’s Consent on Your Behalf?
Yes.
In practice, property lawyers commonly assist clients with the preparation and processing of land transactions and title-perfection applications.
A lawyer can:
- Conduct title due diligence;
- Review the root of title;
- Draft or review the Deed of Assignment;
- Prepare the consent application;
- Compile the required documents;
- Monitor the application;
- Respond to queries;
- Advise on statutory payments; and
- Follow the transaction through the registration stage.
Professional involvement is particularly useful where the property has a complicated title history or the application encounters queries.
Does Obtaining Governor’s Consent Mean the Property Is Fully Perfected?
Not necessarily.
Governor’s Consent is an important component of title perfection, but the buyer should establish whether all other applicable requirements have also been completed.
Depending on the transaction, this can include:
- Stamping;
- Registration;
- Payment of applicable statutory charges;
- Proper survey documentation; and
- Other land administration requirements.
The buyer should obtain evidence showing that the transaction has been properly completed rather than assuming that the consent endorsement alone concludes the process.
What If the Seller Has Never Obtained Governor’s Consent?
If the seller’s own interest was acquired through an earlier transaction that required consent and that consent was never obtained, the problem can be more complicated than simply processing the buyer’s new transaction.
The buyer’s lawyer should investigate the entire chain of title and determine the appropriate legal route before the purchase is completed.
This is one reason title investigation should take place before substantial payment is made.
What If You Already Bought the Property?
If you have already purchased property and the Governor’s Consent has not been obtained, do not assume that the transaction is automatically beyond repair or that it is automatically perfected.
The documents should be reviewed to determine:
- The nature of the seller’s title;
- The terms of the transaction;
- Whether consent was required;
- Whether an application was commenced;
- Whether the transaction was structured subject to consent;
- What stage the perfection process has reached; and
- What steps are now required.
The legal position can be materially different depending on whether the parties merely contracted for a future transfer subject to consent or purported to complete an alienation without the required consent.
Common Mistakes to Avoid
1. Buying first and asking about consent later
The consent requirement should be addressed before the transaction is completed.
2. Using an outdated checklist
Lagos land administration requirements can change. Use the current requirements applicable to the transaction.
3. Assuming the seller’s title is automatically good
A consent application does not replace proper title due diligence.
4. Treating consent as the same thing as registration
The transaction should proceed through the applicable stamping and registration stages.
5. Relying on unofficial fee estimates
Use the official assessment for the particular property and transaction.
6. Ignoring queries
A query should be investigated and resolved promptly. Leaving an application unattended can create unnecessary delays.
Governor’s Consent Checklist for Lagos Property Buyers
Before proceeding with a transaction requiring Governor’s Consent, confirm that:
- The seller’s title has been independently investigated.
- The root of title is satisfactory.
- The property has been properly identified.
- The survey information is consistent.
- The Deed of Assignment accurately reflects the transaction.
- The relevant consent application has been prepared.
- All required supporting documents are available.
- The official assessment has been obtained.
- Government payments are made through prescribed channels.
- Any queries have been properly resolved.
- Governor’s Consent has been duly obtained.
- The instrument has been stamped where required.
- The instrument has been registered.
- Evidence of the completed perfection process has been obtained.
Conclusion
Obtaining Governor’s Consent in Lagos is an important part of perfecting many transactions involving statutory rights of occupancy.
The process requires more than submitting a Deed of Assignment. The applicant must ensure that the underlying title is satisfactory, the survey and property details are accurate, the required documents are properly prepared, applicable charges are dealt with and the instrument proceeds through the necessary consent, stamping and registration stages.
Because the requirements and government charges can change, applicants should rely on the current Lagos State requirements and official assessments rather than old checklists or informal fee schedules. Lagos State maintains official government channels through which land and property services can be accessed.
If you are buying or selling property in Lagos and need assistance with Governor’s Consent, title due diligence, preparation of the Deed of Assignment or completion of the title-perfection process, Lexforte Attorneys can assist you in ensuring that the transaction is properly investigated and documented from the outset.