Certificate of Occupancy (C of O) Explained.

This article is aimed at education you about the so much important document called C of O. A Certificate of Occupancy (C of O) is a vital land title document in Nigeria along with other documents like the survey plan and the deed of assignment. Getting a C of O is one the steps you need to take when acquiring land or property in Nigeria. As a government issued document, the Certificate of Occupancy proves ownership of land.

Certificate of Occupancy (C of O) Defined.

A Certificate of Occupancy is a land title document that is issued by the government to landowners, as a legal proof of land ownership in Nigeria. A plot of land or property without a C of O can be confiscated at any time without any compensation paid.

The land use act gave state governors the power to grant “statutory rights of occupancy” as they deemed appropriate. In addition, this act introduced the concept of land use (residential, commercial, mixed use etc.). With this act came the abolishment of all existing freehold systems, in favor of a lease hold system. These leases are usually granted for a maximum period of 99 years after which one must apply for renewal.

Details on the C of O includes the following:

• Certificate of Occupancy no.
• File no.
• Plot no.
• Location (district details and cadastral zone)
• Plot Size
• Survey plan or graphic (plot shape)
• Date of issue
• Lease term
• Initial annual ground rent fees
• Land use purpose
• Terms and conditions

Right of Occupancy (R of O) vs Certificate of Occupancy (C of O)

Right of Occupancy (R of O) is simply an offer to a said plot of land, while a Certificate of Occupancy (C of O) is the official or certified right of ownership over that parcel of land. The R of O is a weaker title when compared to the C of O as with the former the title can be revoked without compensation. Accordingly, the C of O is the superior title, with compensation paid for any compulsory government acquisitions. This is also why lands with C of O have a higher market value than those without.

Where to get a Certificate of Occupancy?

You can get a Certificate of Occupancy through the appropriate state government specifically the department in charge of land matters. In Abuja, this department is known as Abuja Geographic Information Systems (AGIS).

Cost of C of O

The cost of getting a C of O varies from state to state generally the cost is related to actual Fair Market Value (FMV) of the land in question. Accordingly, getting a Certificate of Occupancy in Lagos or Abuja, is relatively more expensive as compared to other states.In Abuja, the Certificate of Occupancy fee is calculated per square meter of land and this fee is dependent on what phase of the city the plot is sited in i.e. phase 1, 2, 3 etc.

Documents needed for C of O Application

a) Original acknowledgment/Right of Occupancy (R of 0)
b) Payment of ground rent
c) Payment of C of 0 bill where necessary
d) Payment of Title Regularization bill where necessary
e) If collection by proxy, letter of authority from the owner and owners ID (International Passport/National ID), Power of Attorney (in case
of transaction)

1) FOR LIMITED LIABILITY COMPANY
a) Form C07 (particulars of directors)
b) Certificates of Incorporation
c) Photocopy of directors ID
d) ID of collector

2) FOR SALES OF FEDERAL GOVERNMENT HOUSES
a) Clearance letter from Ad-hoc Committee on sales of FGH
b) Original offer letter & photocopy
c) Collection by proxy: Authority Letter and means of identification of the owner & collector
d) Outstanding Grand rent over the years.