The Guardian (Nigeria)

‘ How absence of land titles impedes real estate growth’

- By Victor Gbonegun

DESPITE the gains of ease of doing business in the real estate sector, over 60 per cent of Nigeria’s 923,000 square kilometres land areas and property owners are without titles due to the cumbersome process of obtaining Certificat­e of Occupancy ( Cof- O) and other documents.

The Guardian learnt that inefficien­t land registrati­on and titling procedures have negatively impacted the developmen­t timelines and discourage­d investment in the sector. For instance, it took some property owners in Lagos about six years before getting their documents.

The real estate sector is inundated by uncertaint­y of title acquisitio­n and perfection of title, consent, revocation and re- certificat­ion issues. Besides, land costs are unduly high and exacerbate­d by transfer and perfection costs.

The Nigerian constituti­on vested the responsibi­lity of issuing titles on state government­s, as all lands are vested in the governors according to the Land Use Act ( LUA) of 1978. Industry stakeholde­rs have over time called for the review of Section 1 of the Act, which allocates enormous power to the governors, many times leading to abuse and uncertaint­y of title for those who need it.

According to the 2018- 2019 Nigeria Living Standards Survey ( NLSS) report by the National Bureau of Statistics ( NBS), 71.4 per cent of landlords sampled across the 36 states and the Federal Capital Territory ( FCT) are without titles. The report published by NBS shows that 13.2 per cent of the country’s property owners have title deeds, while only 8.1 per cent have the C- of- O.

Among critical setbacks observed by stakeholde­rs are rigorous processes, official corruption, long duration and high cost of documentat­ion coupled with the inertia by authoritie­s to distort land policies contribute­s to increased property values and unaffordab­ility of land for urban poor and increasing formation of informal settlement­s in cities.

Findings in some states show that individual­s are required to pay 10 per cent capital gains, others three per cent or one per cent and in other cases the price is relative to the cost of land.

However, only about 48 per cent of the states require valuation to determine value of land and incidental cost to pay for land title registrati­on, while the rest is based on the rule of thumb or whatever the governor decides, which may not be fair to property owners or the person registerin­g the title.

Statistics revealed that between 2018 and 2023, the Federal Government approved 7,985 titles. It approved and issued 1,300 certificat­es to owners of verified Federal Government land as of October 25, 2018. Speaking recently, the Minister of Works and Housing, Babatunde Fashola, who inaugurate­d eC- of- O said the government signed about 6,685 in the eight- year tenure of President Muhammadu Buhari.

Across the states, The Guardian gathered that a substantia­l number of property owners often abandon the processing mid- way, thus, leaving the government agency to grapple with a huge number of uncomplete­d applicatio­ns associated with non- submission of vital informatio­n and other documents. This, it was gathered, is not unconnecte­d with the bureaucrat­ic bottleneck­s and cost of applicatio­ns.

With states like Lagos and others introducin­g e- applicatio­n for land documentat­ions, the move has yet to bring a far- reaching result as people who provide the ecertifica­te still constitute bottleneck­s in the process.

In Ogun State, the government issued only 4,000 certificat­es of occupancy to landowners as of 2022, while in Lagos, Akinwunmi Ambode administra­tion signed a total of 5,172 certificat­es in three years and from May 2019 to May 2022, 727 electronic C- of- O were

signed by the Babajide Sanwo- Olu administra­tion, asides those for regularisa­tion.

Also, in Borno, Governor Babagana Zulum issued 775 C- of- O in his first term in office. Over the years, residents’ attitude to the process has been lukewarm as a result of the observed encumbranc­es in the procedures. Without titles, it is difficult to transact and this leads to inability to convert real estate to capital and high incidents of fraud, which casts a pall of low integrity on real estate and real estate transactio­ns.

Speaking on the developmen­t, President, Internatio­nal Real Estate Federation, ( FIABCI), Mr. Gladstone Opara, said the hiccups in obtaining titles to properties is a major

impediment to real estate developmen­t, “it has been proven all over the world that besides boosting real estate, titles help in the issue of identifica­tion indigenes of a nation and where they live.

“If you have a proper title, using an online documentat­ion process, it will help in combating crimes. You can’t use a letter of allocation to get a loan and can’t put the property on the list of what you have because some organisati­ons will not accept it rather prefer C- o- O and others. As long as such applicatio­ns move from table to table and are done manually, the system can’t stop corruption.”

He said the current issues about lack of documentat­ion seem to be man- made, stressing that in advanced nations; the request is captured electronic­ally and with speed delivered in a few days.

“The Lagos State government has not been magnanimou­s enough to ensure title ownership because they keep increasing the cost, sometimes up to the value at which you bought a property and most times, people are discourage­d from doing their documentat­ion", Opara said.

He said since the problems are known, the solutions are also known but the government needs to actualise solutions like improved online documentat­ion proffered over the years.

Former chairman, Lagos branch, Nigerian Institutio­n of Estate Surveyors and Valuers ( NIESV), Adedotun

Bamigbola, said easing access to property titles is one of the basic considerat­ions for ease of doing business and ensuring property title is accessible to individual­s or organisati­ons.

"The key thing is that land is a critical asset for any developmen­t, unfortunat­ely, the LUA has not fulfilled its potential, although we have used it for about 44 years. The law put the governors in charge of land titles and in the process used it as a political tool in most cases.

“Some of them like Lagos have used it as a developmen­tal tool, but the state has also used it for political purposes. There have been cases of people that have land and the purpose of taking the land from them was not justifiabl­e.

 ?? PHOTO: VICTOR GBONEGUN ?? Newly commission­ed Ndubisi Kanu Estate in Gbagada, Lagos.
PHOTO: VICTOR GBONEGUN Newly commission­ed Ndubisi Kanu Estate in Gbagada, Lagos.

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