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Free Guide to Hiring a Real Estate Lawyer
Browse our 1 legal question about Commercial Real Estate in Nigeria and the lawyer answers, or ask your own questions for free.
Lafia is the capital of Nasarawa State and a growing administrative and commercial hub that serves agriculture, mining, logistics, and services across the North Central corridor. Commercial real estate in Lafia ranges from retail shops and warehouses to hotels, office complexes, filling stations, agro-processing facilities, and mixed-use developments.
Commercial real estate transactions in Lafia are governed by a mix of federal laws and Nasarawa State rules. The Land Use Act is the central framework for land ownership and transfers in Nigeria, while state agencies manage day-to-day land administration, titling, and development control in Lafia. Because the system relies on statutory approvals, registration, and compliance with planning and tax rules, commercial deals benefit greatly from careful legal due diligence and structured documentation.
Buying, leasing, financing, or developing commercial property in Lafia involves multiple legal steps and government touchpoints. A lawyer can help you identify risks early and complete transactions correctly. Common scenarios that call for legal support include verifying ownership and existing encumbrances before purchase, securing Governor’s consent and perfecting title after a transfer or mortgage, negotiating and drafting commercial leases that protect your interests, obtaining planning and building approvals for new developments or change of use, structuring joint ventures or development agreements with landowners and investors, closing secured financing and registering charges at the appropriate registries, handling tax and regulatory compliance on rents, sales, and construction contracts, responding to government acquisition or right-of-way issues and negotiating compensation, managing community and customary land interfaces around Lafia’s peri-urban areas, resolving disputes over boundaries, rent, service charges, or construction defects, and planning exits through sale, assignment, or sublease with clean documentation.
Land tenure and title - The Land Use Act vests land in each state in the Governor for the benefit of all Nigerians. In Lafia, commercial land is typically held under a statutory right of occupancy documented by a Certificate of Occupancy or a registered deed. Any assignment, mortgage, sublease, or other transfer of an interest in land requires the Governor’s consent. Without consent, the transaction may be voidable and will not be registrable.
Perfection of title - After signing a sale or lease or mortgage, parties generally must complete stamping, obtain Governor’s consent where required, and register the instrument at the Nasarawa State Lands Registry. In practice, land records and title processing in Lafia interface with Nasarawa State Geographic Information Service and the Bureau for Land Administration. Timelines vary based on completeness of documents and assessments.
Planning and building approvals - Commercial development, renovation, change of use, signage, and environmental compliance are regulated by Nasarawa State planning authorities, including the Urban Development and development control institutions. Applicants typically require an approved survey plan, architectural and engineering drawings, planning permit, building plan approval, and fire and safety clearances before construction or occupation.
Environmental and infrastructure - Larger projects or sites near sensitive areas may trigger environmental assessments under federal law. Servitudes, rights of way, and utility corridors must be respected, and compensation rules may apply if government revokes a right of occupancy for overriding public interest.
Leases and recovery of premises - Commercial leases in Lafia are governed by contract and applicable tenancy and recovery of premises laws. Longer term leases are usually registrable, and unregistered long leases may attract evidentiary limits. Eviction and arrears recovery must follow statutory procedures through the courts.
Financing and security - Mortgages and charges over land must be consented to by the Governor and registered at the Lands Registry. If a company grants security, the charge must also be registered at the Corporate Affairs Commission within statutory timelines to be valid against a liquidator and third party creditors.
Taxes and fees - Stamp duties apply to instruments such as deeds, leases, and mortgages. Capital gains tax may apply on disposals. Value added tax at 7.5 percent generally applies to commercial rents and many services. Withholding tax is commonly deducted at source on rent and certain service payments. Ground rent, development levies, and property rates may apply at the state or local levels. The collecting authority depends on the nature of the taxpayer and the transaction.
Foreign and out-of-state investors - Foreign individuals and companies may acquire interests in land subject to the Land Use Act and state consent requirements. Foreign companies must be properly registered in Nigeria before holding land for business purposes.
Dispute resolution - The High Court of Nasarawa State has jurisdiction over land matters and commercial disputes in Lafia. Parties often include arbitration and mediation clauses in commercial leases, construction contracts, and joint venture agreements for faster resolution.
Typical due diligence includes the seller’s root of title such as Certificate of Occupancy or registered deed, a valid survey plan with coordinates that match the site, updated tax and ground rent receipts, searches at the Lands Registry or NAGIS records to confirm encumbrances, physical inspection and boundary confirmation, planning and zoning status, utility availability, and corporate approvals if any party is a company. Lawyers also review draft transfer documents and conditions precedent.
Conduct a registry search against the title number and property description, cross-check the survey plan, verify that the Governor’s consent was properly obtained for prior transfers, and confirm that fees and ground rent are up to date. Compare registry data with physical beacons and any NAGIS records. Engage a licensed surveyor and a property lawyer to reconcile documents with site realities.
Yes for most interests in statutory land in Lafia. Assignments, subleases, and mortgages of legal interests generally require the Governor’s consent before registration. Short occupational arrangements that do not create registrable interests may be structured differently, but bespoke legal advice is essential.
Timelines vary with document completeness, assessments, and agency workload. With proper documentation and proactive follow-up, parties commonly plan for several weeks to a few months to complete stamping, consent, and registration. Complex files or missing documents can extend timelines.
Expect stamp duty on deeds, leases, and mortgages, registration fees, consent fees, and survey or charting fees. Capital gains tax may apply on sales. VAT at 7.5 percent typically applies to commercial rent and many services tied to the property. Withholding tax is commonly deducted on rent. Exact rates and the correct tax authority depend on the parties and instrument type, so obtain tailored advice and payment codes before closing.
Longer term leases and deeds creating interests for more than a year are generally registrable. Registration preserves priority and makes the instrument admissible as of full proof in court. Unregistered long leases can expose parties to avoidable risk and evidentiary limits.
Yes. The lender will typically require a legal mortgage, Governor’s consent, stamping, and registration at the Lands Registry. If the borrower is a company, the charge must also be registered at the Corporate Affairs Commission within the statutory period to be effective against third parties.
You will usually need an approved survey plan, planning permit, building plan approval, and any required environmental and fire approvals. Change of use, signage, fueling stations, hotels, and food or medical premises may require additional sector approvals and inspections. Start with a feasibility review and a pre-application meeting with the relevant planning authority.
Boundary, title, rent, service charge, and construction disputes may be resolved through negotiation, mediation, arbitration, or litigation in the Nasarawa State courts. Your lawyer can advise on the most efficient forum based on the contract and the issues in dispute.
Yes, subject to Nigerian law. Foreign individuals and companies must comply with the Land Use Act and state consent steps. Foreign companies should register in Nigeria before holding land for business. Some sectors may have additional regulatory requirements for foreign participation.
Nasarawa State Geographic Information Service NAGIS and the Bureau for Land Administration for land records, mapping, title processing, and consent. Nasarawa State Urban Development and planning control bodies for planning permits, building approvals, and occupancy certification. Nasarawa State Internal Revenue Service for state stamp duties on instruments involving individuals, personal income tax, and property related levies. Federal Inland Revenue Service for VAT, company related stamp duties, and withholding tax where applicable. Corporate Affairs Commission for company incorporation, director and shareholder resolutions, and registration of charges. High Court of Nasarawa State for land and commercial litigation. Nigerian Bar Association Lafia Branch for referrals to local practitioners. Nigerian Institution of Estate Surveyors and Valuers and the state Surveyor General’s office for valuation and cadastral support. Real Estate Developers Association of Nigeria and local chambers of commerce for market insights and professional networking.
Clarify your commercial objective, budget, and timeline, and decide whether you are buying, leasing, developing, or financing. Engage a Lafia based real estate lawyer early to map the transaction structure, due diligence scope, fees, and timelines. Assemble key documents such as corporate approvals, IDs, powers of attorney, and any existing title or survey. Commission legal and technical due diligence covering title, encumbrances, planning status, environmental issues, and site verification. Negotiate heads of terms and then detailed contracts that address conditions precedent, timelines, price and rent mechanics, risk allocation, indemnities, and dispute resolution. Plan the perfection pathway for stamping, Governor’s consent where required, and registration, and line up tax compliance and payment receipts. Coordinate development approvals or change of use applications before committing to construction or fit-out. For financing, align lender requirements for valuation, insurance, security documents, and dual registration at the Lands Registry and the Corporate Affairs Commission. Close the transaction with proper execution, payments, and handover protocols, then complete post-completion filings and obtain certified copies and receipts. Maintain good standing by paying ground rent, rates, and taxes, renewing permits, and updating records after any changes in ownership, directors, or property use.
This guide is for general information only and does not constitute legal advice. For a tailored assessment, consult a qualified commercial real estate lawyer in Lafia, Nasarawa State.
