Tuesday, 23 December 2014

Estate developers decry delay in obtaining Certificate of Occupancy


Mrs. Akon, Honourable Minister for Lands and Urban Development


Raji Adebayo
Estate developers in Lagos State who bought federal government lands have cried out for help in obtaining their Certificate of Occupancy, two years after the documentation and payment of their necessary fees.
Eke Philips, one of the developers who has been going through pains travelling from Lagos State to Abuja, for the C/O of a piece of property he acquired through the Ministry of Lands, Surveys and Urban Development, Abuja said the process is becoming frustrating, especially when the Minister, Mrs. Akon Eyakenyi was doing nothing to alleviate their suffering.
“Actually it is about the c/o, I have processed for two years now, when I started, I was directed to the Glass House at the Lagos State at Tafawa Balewa, they are in charge of the federal housing. After documentation there, our files were taken to Abuja office of the Minister for signing and issuance of the c/o document. I was giving information that our files are at the Minister’s office and I need this document seriously,” he stated. “Some people’s c/o have been signed and those ones are from Akwa Ibom State, the Minister is from Akwa Ibom. We have tried to see if she could sign it but she hasn’t signed it. She has trapped some people’s file there for two years, and these developers need this document to process their businesses.”
It was gathered that the Lagos State department of the Ministry has finalised their own documentation and has forwarded it to Abuja for signing and collection but nothing is happening.
“We learnt that the Minister has issued one federal government agency that has property there their own c/o but the individual ones have been denied of their C of O because we don’t have somebody to speak for us and that is why our own is being delayed for two years now. The Permanent Secretary, to the Minister who was very effective was changed because that one doesn’t delay in exercising his duties, because he doesn’t want that one to implicate her, and she redeployed him to another department”.
The process for obtaining the C/O of the property said to be on Aburo Hilltop Iyana Ipaja area of Lagos State and its environs, started two years ago and after completing the forms and payments for the legal instrument, the Minister is yet to issue the documents to the developers, leading to fears being expressed by them, as whether they have been duped.

Certificate of Occupancy is an instrument prepared at the Land Registry, signed by the Minister, the Governor, in the case of any state of the Federation, registered in the Land Registry and given to the holder of a Right of Occupancy in evidence of a grant.
The Land Use Act made provision for the issuance of a C of O over every grant. A Certificate of Occupancy is the key document used to certify the legal use and occupancy of a building.
The Certificate describes how a building may be occupied, for example, a two-family home, a parking lot, a 40-unit multiple dwelling, or a store. A Certificate of Occupancy is often required when selling a home or refinancing a mortgage.
Owners must obtain a new or amended Certificate of Occupancy for new buildings or where construction changes the use, or occupancy to an existing building before the building may be legally occupied.
The Certificate of Occupancy are issued after all paper-work are completed, and all necessary approvals have been obtained from other appropriate City agencies, all fees owed to the Department are paid, and all relevant violations are resolved.
All these steps have been taking by group of land developers in Lagos State who bought lands from the Federal Ministry of Lands, Housing and Developments for past two years, yet the ministry has withhold their C/O without any reasons given to them.
It would be recalled that presently the Minister for Lands, Surveys and Urban Development officially declared that the new C OF O fee on land in Abuja has gone up by 900% from N2000/m2 to N18, 000 to N2million, which experts have described as outrageous. Those who have applied for C OF O land in the federal properties in Lagos State are crying for their C/Os
After get their survey plan, the land information from the surveyor general's office and their lawyers getting it for them which cost money, their C of Os are yet to be released for them.
 The developers said they have submitted their files in the Minister’s office in Abuja which contained their structural drawing or architectural design.
According to the developers, who wouldn’t want their names mentioned for fear of victimization, said their passport photographs, tax receipts and tax clearance certificates are in their files with their C/O registration after paying  to the land registry to cover the tax clearance certificate.
Newswatch Times gathered that the developers’ lawyers have paid their legal fees but two years after the documentation of their files with the Minister they are still waiting the minister’s consent
It was learnt that on completion of legal fees, it takes 40 days for issuance of C/O but under the present Minister, procuring the minister's consent for issuance of C/O is now two years .
A source stated that there are requirements that must be filed after calculating the Minister’s consent which includes dated letter of application with addresses and telephone number usually done by a lawyer, completed Form 1c usually done by a lawyer on behalf of the owner of the land, certified true copy of the grantors title document. Others are grantee's tax clearance certificate/ development levy, four copies of the Deed of Assignment, survey plans, evidence of payment for charting, endorsement and form, evidence of payment of ground rent /Land use charge and building plan and photography of the property.
It would be recalled that the minister pointed out, that in the last four years N8.1b has been realised by her ministry from tender fees, ground rents, premium on lands, title registration fees, consent fees, Certificate of Occupancy(C of O), processing fees and survey fees.

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