Anyone searching for property in Lagos will eventually encounter terms such as Certificate of Occupancy, Governor’s Consent and Deed of Assignment.
They are often discussed together, but they do not mean the same thing.
Understanding the distinction can make property conversations clearer and help buyers know which questions to ask before entering a transaction.
What is a Certificate of Occupancy?
A Certificate of Occupancy, commonly called a C of O, relates to a right of occupancy over land.
The Land Use Act provides for statutory rights of occupancy and gives the Governor powers relating to land in urban areas. The Act also contains provisions governing Certificates of Occupancy. Laws of Nigeria
In practical terms, a C of O is an important document evidencing the relevant right of occupancy.
However, buyers should avoid treating the mere sight of a C of O as the end of their due diligence.
Questions remain, including:
- Does the document relate to the exact property?
- Is the person selling the property legally connected to the title?
- Have there been subsequent transfers?
- Are those transactions properly documented?
- Are there other interests or encumbrances that need investigation?
This is why property-title verification should be carried out professionally.
What is Governor’s Consent?
Governor’s Consent becomes important when certain interests in land are subsequently transferred.
Section 22 of the Land Use Act states that the holder of a statutory right of occupancy granted by the Governor cannot alienate that right or part of it through assignment, mortgage, transfer of possession, sublease or otherwise without the required consent of the Governor. Laws of Nigeria
The Act also provides that an executed instrument evidencing an assignment, mortgage or sublease may be submitted so that the Governor’s consent can be signified on it. Laws of Nigeria
This is fundamentally different from the purpose of a C of O.
A simple way to understand the difference
Think of it this way:
Certificate of Occupancy: relates to the right of occupancy.
Governor’s Consent: relates to consent to a qualifying subsequent transaction involving that right.
They are therefore not interchangeable documents.
What is a Deed of Assignment?
A Deed of Assignment is a legal instrument used to document an assignment or transfer of an interest from one party to another.
The parties will usually be identified as the person transferring the interest and the person receiving it.
A properly prepared deed typically identifies matters such as:
- the parties
- the property
- the interest being transferred
- the consideration or transaction
- relevant title history
- execution by the parties
The exact legal form required depends on the transaction.
Because property transfers carry significant legal consequences, the document should be prepared or reviewed by an appropriately qualified legal practitioner.
How do the three documents relate to each other?
Consider a simplified example.
Assume a person holds a statutory right of occupancy evidenced by the applicable title documentation.
That person later agrees to assign the relevant interest to another buyer.
The transaction may involve an instrument documenting the assignment, while the applicable statutory process may also require Governor’s Consent.
This illustrates why a property can have several documents in its title history.
The most recent buyer should therefore understand the chain of title, not merely ask:
“Does it have C of O?”
The better question is:
“What is the complete title history and what documentation supports the seller’s current interest?”
Does every Lagos property have a C of O?
Buyers should not assume that every valid property interest will present exactly the same document history.
Lagos State’s own development-permit checklist recognizes several forms of title evidence, giving examples that include:
- Certificate of Occupancy
- Governor’s Consent
- deed of conveyance
- land certificate EPP Lagos State
The appropriate documentation depends on the property’s circumstances and transaction history.
Why document verification matters
A document may look convincing but still require verification.
Among other things, professional due diligence can help establish:
- whether the property description matches the land
- whether the title document is genuine
- whether the seller has authority to transfer the interest
- whether previous transactions have been properly documented
- whether there are issues affecting the property
- whether additional consent, registration or perfection steps are required
Property buyers should therefore avoid relying exclusively on photographs of documents provided electronically.
What should a buyer ask for?
Before proceeding with a transaction, ask the seller or developer to identify:
- The title under which the property is held.
- The document evidencing that title.
- Any subsequent transfers relating to the property.
- Any applicable Governor’s Consent.
- The survey information for the property.
- Applicable planning and development documentation for buildings.
- The documents that will be delivered to you after the transaction.
Then have the documentation independently reviewed.
Title documentation and building approval are different
Another important distinction is that land title documentation and building approval documentation address different issues.
Having a title document does not automatically establish that every structure erected on the land has been built in accordance with planning and building-control requirements.
Lagos State’s planning-permit process separately considers title evidence, survey plans, architectural drawings and other technical documents. EPP Lagos State
For developed property, buyers should therefore consider both:
the land/title position
and
the building/development position.
Final thought
C of O, Governor’s Consent and Deed of Assignment should not be treated as three names for the same document.
Each has a different role within property transactions.
Understanding those roles makes it easier to ask better questions, review a property’s title history and seek the appropriate professional assistance before committing funds.
For current information on Imperial Group’s residential portfolio, explore our property-development pages or contact the Imperial Property team.