Verifying a Real Estate Developer in Lagos: Official Registries, Title Checks and Planning Permits

Corporate Verification via the Corporate Affairs Commission

Before assessing property documentation, a buyer must verify the legal status and corporate structure of the entity selling the real estate. In Nigeria, corporate entities are incorporated and regulated by the Corporate Affairs Commission (CAC) under the Companies and Allied Matters Act (CAMA) 2020.

To conduct a search, access the CAC Public Search Portal or apply for an official Status Report (formerly Form CAC 1.1/CAC 7/CAC 2) through a legal practitioner accredited by the CAC. An official search confirms:

1. Registration Status: Whether the company is active, inactive, or unrecorded. 2. RC Number: The unique Registration Commission number assigned upon incorporation. 3. Directors and Shareholders: The identified natural persons or holding companies legally empowered to bind the corporate entity. 4. Registered Address: The legal address of record registered with the government. 5. Encumbrances and Charges: Registered debentures, mortgages, or charges held against the company’s corporate assets by financial institutions.

A developer operating as a corporate entity must also hold a valid Tax Identification Number (TIN) issued by the Federal Inland Revenue Service (FIRS). Payment must only be made into a corporate bank account bearing the exact registered name on the CAC records.

Establishing Land Ownership and Control at Alausa

Under the Land Use Act of 1978, all land in Lagos State is vested in the State Governor. Developers do not possess absolute freehold; they hold leasehold interest granted by the government or derived from prior valid title holders. Ownership or legitimate control must be established at the Lagos State Land Registry, located at the Lands Bureau, Alausa, Ikeja.

Required Document Audit

A legitimate developer must present one of the following root title documents:

• Certificate of Occupancy (C of O): Issued directly by the Lagos State Government for a statutory 99-year term.
• Governor's Consent: Statutory approval required whenever property with an existing C of O or legal title is assigned, leased, or transferred to a new owner.
• Registered Deed of Assignment: A legal conveyance document transferring interest from a previous legal owner, duly stamped at the Stamp Duty Office and registered at the Alausa Land Registry.
• Gazette / Excision: Government publication confirming that a specific parcel of land was excised from government acquisition and released to the original local family or community.

Search and Charting Procedure

1. Legal Search at Alausa: A buyer’s legal counsel submits a formal application to search the Land Register at the Lagos State Lands Bureau, quoting the Title Number, Page, and Volume. This confirms whether the developer is the registered proprietor, whether the title is genuine, and whether any mortgage or lis pendens (court dispute) is registered against it. 2. Charting at the Surveyor General’s Office: The land survey plan provided by the developer must be submitted to the Office of the Surveyor General of Lagos State for charting. This technical check determines whether the coordinates fall within committed government acquisition, agricultural zones, road alignment setbacks, or un-excised land.

If the developer is marketing off-plan property on land held under a Joint Venture Agreement (JVA) with the original landowner, demand a copy of the executed JVA and the Power of Attorney granted by the landowner, confirming the developer's legal authority to sell units.

Verifying Statutory Planning Permissions and Building Approvals

A developer with valid land title cannot lawfully commence construction without statutory planning permissions from Lagos State regulatory bodies. Two primary authorities regulate development in Lagos:

Lagos State Physical Planning Permit Authority (LASPPPA)

LASPPPA issues the Physical Planning Permit (Approved Building Plan). This document confirms that the proposed architectural, structural, mechanical, and electrical drawings comply with state zoning laws, density limits, and environmental regulations. A buyer should request the official LASPPPA permit number and verify its authenticity at the relevant LASPPPA District Office serving the local government area.

Lagos State Building Control Agency (LASBCA)

Once a planning permit is obtained, the developer must apply to LASBCA for a Letter of Authorisation to Commence Construction. LASBCA inspects the site at key construction stages (foundation, lintel, decking, structural completion).

To verify planning compliance on site:

• Request the LASBCA Stage Inspection Certificates.
• Confirm the presence of the green LASBCA authorization seal on site.
• Verify that the height, number of floors, and building layout on ground strictly match the parameters specified in the LASPPPA permit.

Auditing Delivery Track Record and Past Projects

A brochure or 3D architectural rendering does not constitute evidence of delivery capability. Past performance must be audited through statutory registries and physical inspection.

Regulatory Registration Checks

• Lagos State Real Estate Regulatory Authority (LASRERA): Under the Lagos State Real Estate Regulatory Authority Law 2022, property developers operating in Lagos State are required to register with LASRERA. Confirm the developer's license on the official LASRERA database.
• Real Estate Developers Association of Nigeria (REDAN): Check whether the developer holds active membership with REDAN, the recognized national trade association. REDAN issues membership numbers that can be cross-checked with the association's directory.

Site Verification Checklist

1. Physical Audit of Completed Estates: Visit at least two completed developments by the same developer. Assess building condition, facility management, drainage, and structural integrity. 2. Resident Inquiries: Speak directly with current occupants or facility managers regarding completion delays, utility connections, and post-handover dispute resolution. 3. Certificate of Completion: Request the LASBCA Certificate of Completion and Fitness for Habitation issued for prior developments.

Red Flags That Stop a Purchase

If any of the following issues arise during due diligence, stop payment immediately:

• Payment Demands to Third-Party Accounts: Requests to pay funds into individual personal bank accounts or offshore accounts not registered to the CAC-incorporated developer.
• Refusal to Disclose Title Details: Inability or refusal to provide the Title Number, C of O number, or registered survey plan coordinates required for Alausa Land Registry searches.
• Pending Litigation or Encumbrances: Existence of a court cautionary notice or registered mortgage on the title search report.
• Land in Committed Acquisition: Survey charting showing the land falls inside committed government acquisition, drainage rights-of-way, or un-excised zones.
• Lack of Building Permits: Construction active on site without a posted LASPPPA Planning Permit or LASBCA Letter of Authorisation.
• Off-Plan Sales Without JVA Authority: Marketing units on third-party land without a registered Joint Venture Agreement or Power of Attorney from the title holder.

*A qualified property lawyer and licensed surveyor in Lagos State must verify all statutory records before executing legal documentation.*