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Friday, 28 February 2014

6 TYPES OF RESIDENTIAL ESTATE HOUSING SCHEMES IN NIGERIA


Many times I’ve heard clients seeking for land and/or landed property mostly for residential accommodation purpose having special preference for different types of estate schemes as the major determining factor for them in acquiring such land and/or landed property. 

Some of the reasons for this special preference are largely due in part to the way these residential estates housing schemes are well planned and arranged, coupled with the provision of adequate infrastructural amenities as well as level of security. 

Another reason is also due to the high level of ownership genuniety of the estate schemes which goes a long way in discouraging any doubtfulness on the part of the buyers seeking for land and/or landed property in the estate schemes.

So today, I have decided to write on the various types of residential estates housing schemes that are found in Nigeria. The motive for writing this particular post is to expose and enlighten you on the different residential housing estates schemes available in Nigeria which will serve as a guide whenever you are contemplating or decides to acquire land and/or landed property for your accommodation needs.

The different types of residential estates housing schemes in Nigeria are:

1.      PUBLIC ESTATES RESIDENTIAL HOUSING SCHEMES

As the name implies, public estates residential schemes are those types of residential housing estate schemes been developed and constructed by government (State and Federal) for the masses mostly low-income earners and generality of the populace without any restrictions to who can acquire them.
Public estate schemes are of two types; namely; Site and Service residential estate schemes and Built-up residential housing estates schemes.

Site and Service residential public estate schemes are those types of public estate schemes where government (State and Federal) acquires large expanse of large for the sole purpose of dividing it into lots/units/plots to be allocated and sold to all those willing and interested in acquiring land for accommodation purpose. 

Also in the site and service residential public estate scheme, what government actually sells and allocates is the large expanse of bare land that has been surveyed and divided into different lots/units/plots to the masses who has applied to government for such estate scheme. 

Examples of site and service public estate schemes in Nigeria are: Isheri-North residential estate scheme, Abijo residential estate scheme, Banana Island estate, Ayobo residential housing estate, Ikeja GRA, Ogudu GRA, Magodo residential estate phase 1 & 2, Agbara residential estate, Sango-Ota Government Residential Area, etc

It is the sole responsibility of government to make provision for infrastructural amenities (tarred road, drainage system, electrification, drinkable water) in the estate scheme layout.

Built-up residential housing estate schemes on the other hand are those types of public estate schemes where government acquires large expanse of land and thereafter constructs different classes of residential accommodations (duplex, 1bedroom, 2bedroom or 3bedroom apartments) which are later sold to the general public.

Built-up residential public housing estate schemes could be high rise units of flats, detached houses, duplexes or roles bungalow structures.

Unlike the site and service public estate schemes, what government actually sells to people in built-up residential housing estates are the different classes of residential apartments/structures that have been constructed and sold per unit. 

Examples of built-up public housing estates in Nigeria are: The popular Jakande estates found in various parts of Lagos state, Festac Town estate, Millennium estates, MKO Gardens, LSDPC estates, Federal Housing Authority low cost housing estates found in all states of the federation.

The title documents which government gives to purchasers/applicants of public residential housing estate schemes in Nigeria are: Certificate of Occupancy, Deed of Assignment or Conveyance.

2.      PRIVATE ESTATE SCHEMES

Private estates residential housing schemes are those types of estate schemes been acquired, developed, advertised, sold and managed by private property development companies with the aim of generating income/profit for the company through the development of different kinds of residential estate schemes for the general populace. 

Just like the public estate schemes, private residential housing estate schemes are also of two: types (Built-up residential estates and Site and service residential estates) in Nigeria. 

Private built-up residential housing estate schemes are those types of private estate schemes where a private property development company acquires large expanse of land in any part of the country and thereafter develop or construct different classes of residential accommodation or apartments to be sold to people.
Examples of built-up private residential housing estates are: Amen estate, Eden garden estate, Hagar estate, etc

In selling any of the private built-up residential housing estates, the developer (property development company) of such estate embarks on massive marketing, rigorous awareness, purchase incentives, mortgage options and advertisement of the private estate scheme to people.

Most private residential housing estate schemes been developed by a property development company are mainly for investment purpose and usually of the same design, structure and finishes.

While site and service private residential housing estate schemes are those types of private estate schemes where a property development company acquires large expanse of land and thereafter divides it into lots/units/plots to be sold to the general public. 

In selling private site and service residential housing estate schemes to the public, the property development company who is the developer of the estate makes provision for different options for payment when buying the estate either through one-off direct payment option or installment payment option which is to be spread over certain period of time.

Unlike the public residential estates where provision of infrastructural amenities (Tarred road, street lights, drinkable water, drainage systems, etc) is the sole responsibility of the government, that of private residential housing estate schemes is not so as it is the responsibility of the property development company embarking on any site and service private residential estate housing scheme to provide for all the various infrastructural amenities in the estate.

Developers of some private residential housing estates stipulates the acceptable building design and structure to be constructed by all interested subscribers of their estates while some permits different designs of residential accommodations in their estates.

Title documents that can be issued to successful subscribers of any of these private estate residential schemes are either Deed of Assignment or Deed of Conveyance. 

Examples of private estate residential housing schemes are: Victoria Garden City (VGC) estate, Victory estate, Oakwood estate, UAPDC Estates, etc 

Subsequent management of the private residential housing estate scheme lies with the property development company who owns the estate.

3.      CORPORATE RESIDENTIAL ESTATE HOUSING SCHEMES

Corporate residential estate housing schemes is another type of residential estate scheme found in Nigeria. 

They are usually embarked upon by various multinational companies who are carrying out business activities in Nigeria. 

Most corporate residential estate housing schemes are usually in form of built-up residential apartments been constructed in a well organized and planned large expanse of land by corporate multinational companies to allocate various units to their staff workers in need of housing accommodation.

Corporate residential estate housing schemes are usually made up of different classes of built-up residential apartments which are specifically constructed to house and accommodate some staff workers of various multinational organizations carrying out business activities in Nigeria.

It is the multinational companies that provide all the various infrastructural amenities needed in the estate as well as the control, management and allocation of each unit of residential apartments.

The main distinction between corporate residential estate housing schemes is that while every other type of residential estate schemes are either acquired out-rightly, allocated, assigned or can even be disposed off, mortgaged and inherited, that of the corporate residential estate housing schemes are restricted to what can be done on them by the occupiers. This is largely due to the fact that corporate residential estate housing schemes are privately owned by multinational organizations whose management boards have developed such estates to basically cater for the accommodation needs of some of their staff workers. 

Some of the corporate residential housing estate schemes in Nigeria are: Chevron estate, Shell Quarters, Mobil estate, La’Farge estate, etc

4.      CO-OPERATIVE ASSOCIATION RESIDENTIAL ESTATE HOUSING SCHEMES

Co-operative association residential estate housing schemes are those type of estate schemes been developed and allocated to staff members of business organizations (Private, Public, Corporate etc) by the worker’s co-operative society/association of  such organization.

Co-operative association residential estate housing schemes are always in the form of site and service estate scheme where large expanse of land is usually acquired in the name of the business organization’s workers association and thereafter divided into different units/plots by the board of trustees of  the business organizations’ workers union. The units/plots of land are afterwards allocated to only the staff members/workers of the business organization’s co-operative society/association. 

To qualify for allocation of a plot of land in this type of residential estate scheme, any member of the business organization’s co-operative society/association must have contributed money through their salary and/or other employment incentives to the co-operative association’s residential estate housing scheme fund been floated by their business organization co-operative society before such staff member can even be considered for allocation of a plot of land in the estate scheme.

The development and management of co-operative residential estate housing schemes are usually taken care of by the business organization’s co-operative society/association of its workers/staff members. 

5.      INDIVIDUAL PRIVATE RESIDENTIAL ESTATE HOUSING SCHEMES

Individual residential estate schemes are the type of residential estates housing scheme where an individual personally acquires large expanse of land in his/her name and afterwards re-sells such large expanse of land to the general public in units/plots.

Some very rich individuals can even go as far as acquiring a large expanse of land and thereafter develop such land with the construction of different classes of built-up residential apartments so as to either sell or lease to people that can afford the sales or rental value of those built-up residential apartments.

While the management and provision of infrastructural amenities lies with the purchasers of the bare land sold in the individual private estate residential schemes or the government, other individual owners of these residential estate schemes takes it upon themselves to manage the estate scheme as well as provide infrastructural amenities.

Examples of individual private residential estate housing schemes are: Oluwa Ni’Sola estate, Adeniran Ajao Estate, Atunrashe estate, etc

6.      FAMILY RESIDENTIAL ESTATE HOUSING SCHEMES

This is the most popular type of estate schemes that is been acquired by people in Nigeria. 

It refers to all those large expanse of land that was owned by an individual in the olden days but which has been transferred now to the family members of such an individual.

Portions of the family land been transferred to each group of family members is thereafter named after such group of family members and afterwards sold to the general populace.

What anybody buying this type of residential estate housing scheme gets from the family land owners is a receipt of purchase and in some cases an agreement of transfer of their interest in the estate to the purchaser but this must be with the consent of the head of that family.

Majority of the family residential estate schemes in Nigeria are not well planned and which in turn have adverse negative effect on the arrangement and development patterns of land and/or landed properties been developed  in the estate scheme.

The management and provision of infrastructural amenities is most times embarked upon by the community development association (CDA) of landlords residing inside the family residential estate schemes which in turn also makes the level of infrastructural development to be very slow and stagnant. 

I hope with my explanations on the various types of residential estate housing schemes above, you are well equipped to choose the best option for yourself whenever the need to acquire/secure residential accommodation arises.

While you are contemplating on the best type of residential estate housing scheme most suitable for you, do not forget to seek the professional guidance and services of an Estate Surveyor and Valuer to assist you in this rigorous process.

ABOUT THE AUTHOR

Adeniyi Akinjiyan is a Higher National Diploma (HND) holder of Estate Management from the prestigious Yaba College of Technology, Yaba, Lagos state, Nigeria. He possesses a Professional Practice Certificate in Estate Surveying and Valuation from the Nigerian Institution of Estate Surveyors and Valuers (NIESV).

He is the principal consultant of Aakient Consultants Ltd, a highly progressive and consolidated property and construction project management company, which is committed to providing the highest level of professional services in meeting clients’ real estate needs.

Feel free to contact him at: aakientconsultants@gmail.com

Saturday, 22 February 2014

15 STATUTORY LAWS GOVERNING LAND/PROPERTY TRANSACTIONS IN NIGERIA: PART 2

15 STATUTORY LAWS GOVERNING LAND/PROPERTY TRANSACTIONS IN NIGERIA: PART 2

In my last post, I talked about the first part of the various statutory laws governing land/property transactions in Nigeria (http://realestatesurveyor.blogspot.com/2014/02/15-statutory-laws-governing.html)
So today, I will be writing on the concluding part of those statutory laws governing land and landed property transactions in Nigeria.

The purpose of writing on these statutory laws is basically to enlighten and expose all those people carrying or aspiring to carry out land and property transactions (mortgage, lease, assignment/conveyance, alienation, transfer and ownership) in Nigeria about the various government laws regulating and guiding any of those transactions.

The second part of the statutory laws governing land and property transactions in Nigeria are:

8        Stamp Duty Act
9        Withholding Tax Act
10    Capital Gains Tax Act
11    Value Added Tax Act
12    Personal Income Tax Act
13    Federal Mortgage Bank Act
14    Mortgage Institutions Act
15    National Housing Fund Act

8.         STAMP DUTY ACT CAP. S8 LFN 2004

This is a statutory levy that is imposed on certain matters in Nigeria inclusive of land and landed property transactions such as mortgage bonds, settlement of estates, lease agreements and conveyance of property.

The law stipulated various stamp duty charges payable on any land and property transactions in Nigeria.

Any transaction relating to the exchange, conveyance, lease, mortgage of land and landed property document/agreement that is not duly stamped with the appropriate postage stamp will be regarded as been useless and illegal because stamping of land/property transaction document is a compulsory requirement for registering of title documents/instruments as well as getting governor’s consent in any land and property transaction.

The relevant sections in the Act guiding land and property transactions in Nigeria are: 52,53,54,55,56,57.58,59,62,63,64,65, 68,69,70, 80,81 and 82

9.         WITHHOLDING TAX ACT

Withholding tax is the deduction of a payable levy due to a benefitting party by the paying party for onward remittance to the appropriate tax authority of the benefitting party.

Withholding tax is a form of tax required by statutory law to be withhold by a party from each payment made to another contracting party from the in­come or services rendered to such party.

Withholding tax been witheld is required to be remitted to Federal Inland Revenue Service (FIRS) at the appropriate period as stipulated in the law establishing the act. if such withholding tax is received from corporate companies, while the one for individuals is remitted to the State Inland Revenue Service (SIRS) board in each state of the federation on behalf of the state government.

The Inland Revenue Service is in turn mandated by the withholding tax law to issue a Withholding Tax Credit Note for the benefit of the latter party, part of whose income was withheld.

The various aspects of land and property transactions in Nigeria where withholding tax is applicable are:

·         All aspect of building, construction and related services
·         All types of contract and agency arrangement, other than outright sale and purchase of goods and property in the ordinary course of business
·         Consultancy, Technical and Professional services
·         Management services
·         Commissions

10.       CAPITAL GAINS TAX ACT CAP 354 LFN 1990

This is a form of tax payable on gains made on the disposal of chargeable asset by any person in Nigeria either an individual or a corporate entity.

The motive behind the enactment of the act was to levy a certain amount of money inform of tax on gains accruing to chargeable persons in Nigeria from the disposal of their chargeable assets.

Chargeable persons include:
·         Individuals (both residents and non-residents)
·         Trustees in respect of chargeable asset by the trust disposed
·         Partners in respect of chargeable assets of the partnership disposed
·         Personal representatives in respect of chargeable assets of a deceased person disposed to 3rd parties other than the beneficiaries
·         Companies on chargeable assets of the company disposed.

Section 3 of the Act defined chargeable assets as-
(a)   Options, debts and incorporeal property generally;
(b)   Any currency other than Nigerian currency; and
(c)    Any form of property created by the person disposing of it, or otherwise coming to be owned without been acquired.

Gains arising from the disposal of assets are taxed at the rate of 10%. Taxable assets include land and building situated in Nigeria, as well as plant and machinery.

11.       VALUE ADDED TAX (AMENDMENT) ACT of 2007

Value added tax is a tax imposed, charged and payable on the supply of certain goods and services in Nigeria.

The rate of tax chargeable on all goods and services is 5% except those exempted in the First Schedule of the Act.

The act went further in defining taxable persons to “include an individual or body of individuals, family, corporations sole, trustee or executor or, a person who carries out in a place an economic activity, a person exploiting tangible or intangible property for the purpose of obtaining income there from by way of trade or business or a person or agency of government acting in that capacity”

The act makes it mandatory for professional Estate Surveyors and Valuers to include a 5% levy as Value Added Tax on the gross professional fee or commission charged their clients on any professional services relating to land and property transactions rendered to such clients.

The 5% VAT been levied on clients is for the professional services rendered to them by the professional Estate Surveyor and Valuer.

12.       PERSONAL INCOME TAX ACT

This is another important statutory law imposed on any income gained from the ownership, leased, assignment and transfer of land and landed properties by the owner or trustees of such land and landed property.

Section 1 of the act states that There is hereby imposed a tax on the income-
(a) of individuals, communities and families; and
(b) arising or due to a trustee or estate,
which shall be determined under and be subject to the provisions of this Act”

Various sections in the act that governs any land and property transactions in Nigeria are: 1,2,3,4,5,16, 27, 40, 41, 54, 55, 56, 68, 69, 74, 76, 77, 79, 80, 85, 94, 95 and 96

13.       FEDERAL MORTGAGE BANK ACT

The establish of the Federal Mortgage Bank of Nigeria is to provide long-term credit facilities to mortgage institutions in Nigeria and encourage and promote the development of mortgage institutions at the rural, local, State and Federal levels.

Section 5 explained the functions of the Mortgage Bank shall be “To

 (a) provide long-term credit facilities to mortgage institutions in Nigeria at such rates and such terms as may be determined by the Board in accordance with the policy directed by the Federal Government, being rates and terms designed to enable the mortgage institutions to grant comparable facilities to Nigerian individuals desiring to acquire houses of their own;
(b) license and encourage the emergence and growth of the required number of viable secondary mortgage institutions to service the need of housing delivery in all parts of Nigeria”

The federal mortgage bank of Nigeria operates as a secondary mortgage institution to serve the needs of the housing delivery in all parts of Nigeria, as well as provide credit facilities to primary mortgage institutions, real estate development companies or bodies, housing corporations and housing operatives in Nigeria at such rates and on such terms and conditions as may be determined, from time to time, by the Board of the Mortgage Bank in accordance with the Regulations or Guidelines of the Central Bank of Nigeria. 

Section 6 explains the powers of the Mortgage Bank to carry out researches that will improve the housing patterns in both rural and urban centres as well as on the activities of primary mortgage institutions’ activities and the construction industry in Nigeria.

Section 6 (1) of the Mortgage Bank Act states that “Without prejudice to the generality of section 5 of this Act, the Mortgage Bank shall have power to-

(d) carry out research aimed at improving housing patterns and standards in both urban and rural areas of Nigeria;
(e) carry out research on mortgage finance activities and the building construction industry in Nigeria”

14.       MORTGAGE INSTITUTIONS ACT

The Act made provisions for the establishment and licensing of mortgage institutions in Nigeria to grant loans and advance to individuals for the purchase or construction of a dwelling house; carry out improvement or extension of an existing dwelling house; and to accept savings and deposits from members of the public and to pay interest thereon.

Relevant sections of the Mortgage Institutions Act that pertains to land/property ownership or transaction in Nigeria are; Sections 1, 5, 6 and 7 

SECTION 1 (1) of the Act states that “No mortgage business shall be transacted in Nigeria except by a company which is duly incorporated in Nigeria for that purpose and in possession of a valid license granted by the Minister authorizing it to do so”

The same Act also identified the basic requirements needed for any company desirous of carrying out mortgage business in Nigeria.

Section 5 of the Act make provisions for the power granted mortgage institutions in Nigeria to grant loan advancement to people for the purpose of purchasing/constructing a dwelling house or carry out improvement/extension on an existing dwelling house, as well as determine the interest rate applicable/payable on such loan, deposit and/or advancement.

Section 5 (1) states that “Every mortgage institution shall have power to- 
(a)   grant loan and advance to an individual for the purchase or construction of a dwelling house
(b)   grant loan and advance to any person for the improvement or extension of a dwelling house”
Section 5 (2) states that “The interest rate applicable to any deposit, loan and advance shall be in accordance with the interest rate determined by the Federal Mortgage Bank”

The Act also empowers mortgage institutions to conduct evaluation exercise on every mortgage loan proposal brought before it by any person or individual and to also supervise/monitor any construction or extension of a dwelling house in respect for which the loan is granted or to be granted.
Section 6 states that “Every mortgage institution shall-
(a)   conduct proper evaluation of the mortgage loan proposal submitted to it; and
(b)   monitor the construction or extension of any dwelling house in respect of which a loan is granted”

Section 7 of the Mortgage Institutions Act laid emphasis on the requirements as to security for any loan advancement to be granted, and certain restrictions on operations of the mortgage institutions.
The activities and operations of mortgage institutions in Nigeria is monitored and controlled by the Federal Mortgage Bank Act of Nigeria.

15.       NATIONAL HOUSING FUND ACT

This is another important statutory law governing and guiding land and landed property transactions in Nigeria in the form of either home ownership or development by anybody who aspires to own a dwelling house of their own. 

Section 1 of the National Housing Fund act states that-
(1) There is hereby established a fund to be known as the National Housing Fund (in this Act referred to as "the Fund").
(2) All contributions and other monies required or prescribed by this Act shall be paid into the Fund
Section 2 explained the aims and objectives of the Fund shall be to-
(a) facilitate the mobilisation of the Fund for the provision of houses for Nigerians at affordable prices;
(b) ensure the constant supply of loans to Nigerians for the purpose of building, purchasing and improvement of residential houses;
(c) provide incentives for the capital market to invest in property development;
(d) encourage the development of specific programmes that would ensure effective financing of housing development, in particular low cost housing for low income workers;
(e) provide proper policy control over the allocation of resources and funds between the housing sector and other sectors of the Nigerian economy; and
(j) provide long-term loans to mortgage institutions for on-lending to contributions to the Fund.

To qualify for this fund, any aspiring home owner must have been a contributor to the National Housing Fund Scheme from his/her paid employment. Such contribution must have been for a period not less than 6 months with satisfactory evidence of steady flow of income from their employment in order to guarantee loan repayment.

The National Housing Fund Act also stipulate the conditions for contributing into the fund by Nigerian workers as well as the interest rate payable on such contribution made

Section 4 states that-
(1) A Nigerian worker earning an income of N3,OOO and above per annum in both the public and the private sectors of the economy shall contribute 2.5 per cent of his basic monthly salary to the Fund.
(2) An interest rate of 4 per cent shall be payable on contributions made under subsection (1) of this section.

The act also refers to a contributor to be a worker from whose basic salary or income deductions are made and paid into the Fund in accordance with the provisions of the Act. While a "worker" means an employee to whom salaries are paid and include a self-employed person who derives income from his/her employment.

A contributor to the National Housing Fund scheme is entitled to a maximum loan advancement of fifteen million naira (N15,000,000) or as may be determined by the primary mortgage institution in the country. An individual borrower can not be granted loan advancement in excess of 90% of the total cost or value of the property to be mortgaged.

The interest rate for each loan advancement as stipulated in the Act is not more than 6% per annum with a repayment period of not more than 25-30 years.

Relevant sections in the act governing land and property transaction/ownership in Nigeria are: 1, 2, 3, 4, 9, 10, 14, 16, 17, 20, 21 and 22 

All these fifteen (15) statutory laws that I have written about are very important to be taken cognizance of by all those aspiring to embark on any form of land and/or landed property transactions either in the form of mortgage, lease, assignment/conveyance, alienation, transfer and ownership as they will help guide through a smooth completion of any of those land and property transactions

Kindly share this post with your loved ones, friends and families, colleagues and associates.


ABOUT THE AUTHOR

Adeniyi Akinjiyan is a Higher National Diploma (HND) holder of Estate Management from the prestigious Yaba College of Technology, Yaba, Lagos state, Nigeria. He possesses a Professional Practice Certificate in Estate Surveying and Valuation from the Nigerian Institution of Estate Surveyors and Valuers (NIESV).

He is the principal consultant of Aakient Consultants Ltd, a highly progressive and consolidated property and construction project management company, which is committed to providing the highest level of professional services in meeting clients’ real estate needs.

Feel free to contact him at: aakientconsultants@gmail.com