This guide is general information, not legal advice. AOP Homes is a property advisory firm, not a law firm. Legal advice and formal title opinions should come from independent, Lagos-qualified counsel, who should also confirm the current law before you rely on it.
The short answer
Foreign nationals can explore property investments in Nigeria, but the legal position is more complex than a simple yes or no. The rules depend on the state where the property is located, the type and duration of the interest being acquired, the buyer's nationality and legal status, and any approvals required by law.
In Lagos State, the Acquisition of Lands by Aliens Law regulates the acquisition of land interests by non-Nigerians. It generally requires prior written approval from the Governor for covered transactions, subject to specific exceptions. Acquiring property directly, entering into a lease, or using a Nigerian-incorporated company can have very different legal consequences.
Before committing funds, obtain independent Nigerian legal advice on the ownership structure, the seller's title, the approvals required and the steps needed to register and protect your interest.
Nigerian citizens abroad and dual citizens
Nigerians living abroad should be distinguished from foreign nationals. A Nigerian citizen does not become a foreign buyer simply because they reside overseas, and a person holding Nigerian citizenship alongside another nationality is generally treated as a Nigerian for land acquisition — your lawyer should confirm this from your documents.
What changes for diaspora buyers is logistics: who inspects, who signs, who holds the documents and how money moves. Many costly mistakes happen when a relative or friend is trusted to handle a transaction instead of an independent lawyer. We cover these risks in 10 costly mistakes diaspora investors should avoid.
Foreign nationals and Lagos law
Lagos has a specific statute: the Acquisition of Lands by Aliens Law, Chapter A1, Laws of Lagos State 2015. Section 1 generally requires the Governor's prior written approval for an alien to acquire an interest in land from a Nigerian citizen, subject to statutory exceptions. Interests for a term of less than three years, including renewal options, are expressly excluded from the law.
Buying property also does not create immigration rights. Residence permits are a separate matter for the Nigeria Immigration Service.
Can a foreigner buy property through a Nigerian company?
A Nigerian-incorporated company may be considered as part of a foreign investor's property structure. However, incorporation alone does not establish that the acquisition is legally valid or remove all restrictions on foreign interests in land.
The company structure, shareholding, beneficial ownership, intended use of the property and applicable state law should be reviewed before a transaction proceeds. The Supreme Court's decision in Gerhard Huebner v Aeronautical Industrial Engineering and Project Management Co Ltd (2017) 14 NWLR (Pt. 1586) 397 — which considered a foreign national's attempt to assert rights in land acquired in a company's name, and which has been criticised in academic commentary — should also be considered.
Do not assume that registering a company or placing title in another person's name resolves restrictions on land acquisition. Obtain transaction-specific advice before paying a deposit.
Governor's Consent and the Land Use Act
Under the Land Use Act 1978, land in each state is vested in the Governor in trust for the people, and private holders have rights of occupancy rather than freehold. Under section 22, the holder of a statutory right of occupancy granted by the Governor generally requires the Governor's consent before assigning, mortgaging, subletting or otherwise alienating that interest. Section 21 deals separately with customary rights of occupancy, so consent is not a single procedure for every category of land.
It helps to separate four legal stages:
- The seller's existing title — the interest held and capacity to transfer it.
- The sale and transfer documents — the agreement and deed recording the transaction.
- The required consent or approval — for that particular interest and transaction.
- Perfection — the applicable consent, stamping and registration.
Do not rely solely on a Certificate of Occupancy or a seller's assurance that consent can be obtained later. An independent lawyer should verify the root of title, encumbrances and the approvals and registration your transaction needs.
Lagos title documents compared
Each document has a specific legal function — and limits on what it proves.
| Document | What it establishes | What it does not | What to check |
|---|---|---|---|
| Certificate of Occupancy (C of O) | Evidence of a grant of a statutory right of occupancy. | Not proof on its own that the property is safe to buy or free of competing claims. | Authenticate it and check it against the land and the Lands Registry records. |
| Governor's Consent | Consent to a transaction involving an existing interest, where legally required. | Not an independent guarantee that the underlying title is valid. | Verify the seller's root title and capacity to transfer before relying on consent. |
| Deed of Assignment | Records the transfer of an interest from one party to another. | Cannot give the buyer a better title than the seller has. | Correct parties, proper execution, stamping and registration. |
| Registered Deed | Evidence that the instrument has been registered. | Registration does not necessarily cure a defective root of title. | Trace the chain of title back to its root. |
| Excision and Gazette | May be relevant to land previously affected by government acquisition. | Not a substitute for checking the actual records and later title history. | Verify the records, boundaries and subsequent transactions. |
| Family or purchase receipt | Evidence of a transaction or payment. | Not conclusive proof of valid ownership or a transferable title. | Treat with caution; obtain a lawyer's view on the route to a registered title. |
| Lease or sublease | Grants rights for a specified term. | Is subject to the superior title, its conditions and any required approvals. | Commencement date, unexpired term, renewal, covenants and registration. |
How long does a property lease last in Lagos?
There is no single lease term for every property. Some rights of occupancy are granted for terms such as 99 years, while apartments and other properties may be held under leases or subleases of different durations. Confirm the commencement date, original term, unexpired balance, renewal provisions and any restrictions. For a sublease, the remaining term and conditions of the superior title matter most — and the term should be assessed against any restrictions linked to your nationality or status.
Buying safely from abroad: six steps
This is the sequence we recommend before any significant payment is made.
- 1
Instruct an independent Lagos lawyer
Appoint a lawyer who acts only for you — not the seller's or developer's lawyer — before you pay anything.
- 2
Run a title search
The lawyer searches the Lands Registry for the root title, encumbrances, acquisitions and competing interests.
- 3
Chart the survey
A licensed surveyor charts the survey plan to confirm the land is not under government acquisition or setback and matches the physical site.
- 4
Verify approvals
For buildings, confirm the planning permit and that what was built matches what was approved.
- 5
Execute documents remotely — correctly
A Power of Attorney must be properly drafted, executed and acceptable for the intended transaction and registration. Notarisation or apostille alone does not make it legally sufficient in Nigeria.
- 6
Protect every payment
Verify the identity and authority of the seller or developer; confirm the receiving account belongs to the contracting party or an authorised recipient; agree milestones, refunds, completion duties and remedies in writing; and release substantial funds only after the checks are complete.
Buying off-plan property in Nigeria: what to check
Buying before construction is complete adds delivery risk to title risk. Investigate both the developer's legal authority to undertake the project and its ability to deliver as promised. Before committing, obtain independent advice on:
Land title
Verify the title to the site and the developer's right to develop and sell the proposed interests.
Planning and building approvals
Confirm the approvals for the project and that the development matches them.
Developer credentials
Review track record, completed projects, financial capacity and any material disputes.
Sale documentation
Unit description, price, payment schedule, delivery date, permitted extensions, refunds and remedies for delay or non-delivery.
Unit ownership
The interest you will acquire, its lease term, resale restrictions and how it will be documented and registered.
Building management
Service charges, maintenance, sinking funds, rental arrangements and any hotel-management agreement.
Independent monitoring
Where appropriate, progress reports and independent inspections tied to construction milestones.
Association with a government agency, an established brand or a recognised operator does not replace independent verification. Each transaction should be assessed on its own documents, approvals and contractual protections. See our off-plan due diligence guide.
Examples from the AOP Homes portfolio
These examples illustrate the questions to ask; each still requires its own independent checks.
What AOP Homes does — and does not do
AOP Homes helps buyers identify suitable properties, coordinate independent due diligence, arrange remote inspections and support the purchase process, within the scope agreed for each client. We do not give legal advice or formal title opinions — those come from independent, Lagos-qualified counsel acting for you.
Frequently asked questions
Can a foreigner buy a house in Nigeria?
Foreign nationals can explore property investment in Nigeria, but there is no simple yes or no. The position depends on the state, the type and length of the interest, the buyer's nationality and status, and the approvals required. In Lagos, the Acquisition of Lands by Aliens Law generally requires the Governor's prior written approval for covered acquisitions. Obtain independent Nigerian legal advice before committing funds.
Can Nigerians living abroad buy property in Lagos?
Yes. A Nigerian citizen does not become a foreign buyer simply by living overseas. The practical risks are distance and verification, which is why independent legal searches, survey charting and protected payments matter.
Can Nigerians with dual nationality buy property in Lagos?
A person who holds Nigerian citizenship alongside another nationality is generally treated as a Nigerian citizen for land acquisition. Your lawyer should confirm your citizenship documentation as part of the transaction.
Can a foreigner buy property through a Nigerian company?
A Nigerian-incorporated company may form part of an investment structure, but incorporation alone does not establish that an acquisition is valid or remove restrictions on foreign interests in land. Shareholding, beneficial ownership, intended use, state law and the Supreme Court's decision in Huebner (2017) should all be reviewed first.
Can a foreign buyer purchase an apartment rather than land?
Apartments are usually held under a lease or sublease out of a superior title. The same legal questions apply — the interest acquired, its term, the superior title and any approvals required for a non-Nigerian buyer.
What happens if a foreign buyer's acquisition lacks the required approval?
An acquisition made without a legally required approval may be exposed to serious legal consequences, including challenges to its validity. Do not proceed on an assurance that approval can be obtained later; seek transaction-specific legal advice.
Can a foreign national inherit property in Nigeria?
Inheritance raises separate questions of succession law and the same restrictions on foreign interests in land. A Nigerian lawyer should advise on the specific estate and property.
Does buying property give a foreigner residency rights in Nigeria?
No. Buying property does not grant immigration or residence rights. Residence permits, such as CERPAC, are a separate matter handled by the Nigeria Immigration Service.
What is a Governor's Consent in Lagos?
Under section 22 of the Land Use Act, the holder of a statutory right of occupancy generally needs the Governor's consent before assigning, mortgaging, subletting or otherwise alienating that interest. Other categories of land rights may have different approval requirements.
Is a C of O enough to prove a property is safe to buy?
No. A C of O is evidence of a grant of a statutory right of occupancy. It must be authenticated and checked against the property and the records, and the seller's capacity to transfer, encumbrances and required approvals must still be verified.
How long does a property lease last in Lagos?
There is no single term for every property. Some rights of occupancy are granted for terms such as 99 years, while apartments may be held under leases or subleases of different lengths. Confirm the commencement date, original term, unexpired balance, renewal provisions and restrictions.
Legal sources
Key authorities: Land Use Act 1978, sections 21 and 22; Acquisition of Lands by Aliens Law, Ch. A1, Laws of Lagos State 2015, section 1; and the Supreme Court decision in Huebner (2017).
- Lagos State laws — Acquisition of Lands by Aliens Law, Ch. A1 (Lagos State Law Reform Commission)
- Gerhard Huebner v Aeronautical Industrial Engineering and Project Management Co Ltd (2017) — case digest
- Journal of African Law — case note on Huebner (Cambridge University Press)
- Nigeria Immigration Service — CERPAC residence permit guidance
This guide is general information, not legal advice, and is not a substitute for advice from independent Lagos-qualified counsel. Written by Kehinde Popoola, Principal Advisor, AOP Homes.