How to get a Certificate of Occupancy in Abuja

The Land Use Act 1978 provides for certificates of occupancy in section 9. Section 22 prevents the holder of a statutory right of occupancy from transferring it by assignment, mortgage, sublease or otherwise without consent first being obtained. In the FCT that consent is given by the Minister of the FCT, and AGIS publishes separate requirements for ministerial consent to assignments and mortgages. [20, 17]

A C of O is strong evidence of title, but it does not end the enquiry. A buyer still needs to know that the certificate is genuine, that the seller is the registered holder or has authority to sell, that ground rent and other bills are paid, and whether a mortgage, power of attorney or other interest has been registered against the plot.

1. Apply for land, or start from an existing allocation. A new land application uses the AGIS form and is filed with the published fee, a tax clearance certificate, two passport photographs, acceptable identification and, for companies, CAC Form CO7. AGIS issues an acknowledgement, which you should keep safely because later steps require the original. [17]

2. Collect the Right of Occupancy. When land is allocated, the Right of Occupancy (R of O) is collected with the original acknowledgement and original, verifiable identification. A representative needs a dated letter of authority signed by the allottee. Companies also provide their certificate of incorporation, Form CO7 and a letter signed by two serving directors. [17]

3. Pay the bills and collect the C of O. AGIS lists the requirements as the original acknowledgement or R of O, payment of ground rent, and payment of the C of O bill and any title regularisation bill where these apply. Collection by proxy requires the owner's authority letter and identification, plus a power of attorney where a transaction is involved. Companies add Form CO7, the certificate of incorporation and directors' identification. [17]

4. Keep the title current. AGIS publishes a late re-certification process for Federal Capital City titles, requiring the original title, a completed form and a fee. Area council titles have a separate regularisation exercise, and title regularisation can involve a valuation and ministerial approval. Ask AGIS which of these applies to your plot before relying on an older document. [17]

Individuals should have the original land application acknowledgement or R of O, a valid international passport, national identity card, permanent voter's card or driver's licence, receipts for ground rent and other bills, and a tax clearance certificate for a new application. Anyone collecting on another person's behalf needs an original, signed letter of authority and the owner's identification. [17]

Companies should add the certificate of incorporation, a recent Form CO7 listing the directors, the directors' identification, and a letter of authority on company letterhead signed by two directors. AGIS reserves the right to ask for further documents, so bring originals as well as copies. [17]

Before paying, conduct an official legal search at AGIS. AGIS describes four steps: pay the search fee at a designated bank and obtain a receipt; address the application to the Director of Land Administration; present the original title document and valid identification for sighting; and submit the application with the receipt attached. AGIS states that results are usually ready within 24 hours and at most three days, counted from submission. [17]

The transfer itself then needs the Minister's consent. For a deed of assignment, AGIS lists payment of outstanding bills, a developed plot, a consent application attaching the C of O, and charges based on the property's value. A transfer made without the required consent risks being treated as void under the Land Use Act, so your lawyer should confirm the current requirements and charges for your transaction. [17, 20]

Warning signs include a seller who cannot produce the original title for sighting, names or plot numbers that differ between documents, unpaid ground rent, and pressure to pay before a search has been completed.

Substrat coordinates independent checks for buyers and sellers in Abuja and across Nigeria. We can organise a title search, survey and site inspection through independent professionals, track each step in a shared due-diligence checklist, and verify a seller's identity and authority before an asset is published. We coordinate the process; opinions on title come from qualified, independent lawyers.