What is Governors Consent? How do I apply for it?

A governor’s consent is permission acquired from the governor of a state on a land transaction, which is illegal in the eyes of the government and the law if not obtained.

In Lagos and every other state in Nigeria, the governor’s consent is required if the holder of a Certificate of Occupancy over property or any other title wishes to sell or alienate the land to another person. Every future transaction on the land cannot be completed until the governor’s approval is obtained.

STATUTORY PROVISION

This very important process is statutorily provided for in Section 22 of the Land Use Act 1978 as amended, it provides thus:

“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, transfer of possession, sublease or otherwise howsoever without the consent of the governor first had and obtained”

In Lagos state, the Land Registry Directorate has the responsibility of keeping an up to date record of all land transactions in the state. The Directorate stores registered documents relating to land by virtue of the Land Instrument Registration Law of Lagos State 2015.

PROPERTY TRANSACTIONS THAT REQUIRE GOVERNOR’S CONSENT

The property transactions that require a Governor’s Consent include the followings:

Assignment
Mortgage
Sublease
Lease
Gift

PROCEDURE FOR OBTAINING GOVERNOR’S CONSENT IN LAGOS

The bureaucratic procedures involved in obtaining the Governor Consent in Lagos state creates a daunting experience. The expected duration for obtaining governor’s consent is 30 days, but the reality is that it could extend for as long as 6 months or even 1 year. Also, one could end up spending more than expected to be spent.

Requirements and Steps for Obtaining Governor’s Consent In Lagos

An application letter must be directed to the Lagos state director of land services and the land directorate. This letter must also include the addresses and phone numbers of the parties to the transaction.
Land Form 1c which must be duly signed and dated by the parties to the transaction and sworn to before a magistrate or notary public.
3 copies of duly signed Deed of Assignment, Mortgage; e.t.c
Locational sketch map.
Chartable survey plan (with evidence of lodgment of red copy).
Certified True Copy of root of title/ title of the property.
Photographs of property showing time and date.
Charting fee and Endorsement fee, Form 1c,
4 passports photos of the vendor (5×5) with white background.
Evidence of tax payment by the parties to the transaction.
Photocopy of the I.D Card of the processing officer
Administrative Charges for land services

The above documents are then sent to the office of the Surveyor-General of Lagos state for charting. The importance of charting in Lagos cannot be overemphasized. Charting is basically the process of knowing the acquisition status of the land. The survey can be carried out upon the successful charting of the land.

When a survey has been carried out on the documents sent to the Surveyor General’s office and no defect is detected, a clean report is sent to the land bureau and a demand notice is issued to the applicant for the following fees upon assessment:

Consent Fee,
Capital Gains Tax,
Stamp Duty Fee,
Registration Fee,

All the fees are paid via bank draft in favor of the Lagos State Government and receipts are given for these payments.

Finally, upon the completion of the entire process, the application is sent to any Commissioner specifically designated for that purpose by the Governor to sign the land document. When this has been done, the document is sent back to the applicant to pay stamp duty and the registration fee on the property.

The title number is issued at the end process, which indicates the property has been duly perfected having obtained the Governor’s consent in accordance with the law.

Culled from: Resolution Law