Off-plan property is popular in Lagos for good reason. You pay less than the finished price, spread payments over months, and often see the value rise before completion.

But when you buy off-plan, you are paying for something that does not exist yet. Your protection is almost entirely in the contract. Lagos buyers have waited years past promised completion dates, received units smaller than agreed, or struggled to recover deposits from developers who stopped work.

Before you sign, make sure your contract contains these ten clauses.

1. The developer’s title to the land
   The contract should state how the developer owns or controls the land: a C of O, a registered deed, a lease, or a joint venture with the landowning family. Ask for copies, and have your lawyer search them. A developer cannot sell units on land it has no right to develop.
2. Approvals and permits
   The developer should confirm that it has, or will obtain by a set date, approved building plans and a planning permit from the Lagos State Physical Planning Permit Authority. Buildings without approval can be sealed or demolished.
3. An exact description of your unit
   The contract should identify your specific unit by block, floor and number, with floor plans, size in square metres, and a list of finishes and fittings. “A 3-bedroom flat” is not enough.
4. Price and payment schedule
   State the total price, what it includes, and whether it is fixed. Payments should be staged and tied to construction milestones, not just dates. Watch for clauses that allow the developer to raise the price for inflation or exchange rates without limits.
5. Completion date and penalties for delay
   This is the most important clause. The contract should set a clear completion and handover date, a short grace period, and compensation for each month of delay. Without it, the developer can keep moving the date.
6. Your right to terminate and get a refund
   If the developer misses the completion date by a set period, or abandons the project, you should be able to end the contract and recover your money within a fixed time, ideally with interest. Check the refund terms carefully. Some contracts allow the developer to keep large deductions.
7. Quality, inspection and defects
   You should have the right to inspect the unit before handover and to list defects. The developer should fix defects within a set period, and remain responsible for structural defects for a defined time after handover.
8. Service charge and estate management
   Off-plan estates come with service charges. The contract should explain how they are calculated, who manages the estate, and how the residents’ association will take over.
9. Title documents after completion
   The contract should say exactly what title you will receive: a deed of assignment or sublease for your unit, with the developer’s cooperation in obtaining Governor’s consent where required. It should also say who pays for it and by when.
10. Disputes and governing law
    Agree a dispute process, such as mediation followed by arbitration or the Lagos courts, and confirm that Lagos and Nigerian law applies. This matters especially for diaspora buyers.
    Before you sign
    Search the developer at the Corporate Affairs Commission, and check its registration with LASRERA.
    Visit the site and the developer’s completed projects.
    Speak to past buyers.
    Never pay into a personal account.
    Have your own lawyer review the contract. Do not rely on the developer’s lawyer.
    Frequently asked questions
    Is buying off-plan in Lagos safe? It can be, if you verify the developer’s title and approvals and sign a contract with strong protections.

What if the developer delays completion? Your rights depend on the contract. A good contract provides compensation for delay and a right to a refund after a set period.

Can the developer increase the price after I sign? Only if the contract allows it. Negotiate a fixed price, or strict limits on any increase.

What title will I get for an off-plan flat? Usually a deed of sublease or assignment for your unit. Confirm this in the contract before paying.

Can I buy off-plan from abroad? Yes, but instruct an independent lawyer in Lagos to verify the developer and review the contract before you pay.

About Cardinal Counsel

Cardinal Counsel (Barristers & Solicitors) is a Lagos-based law firm advising individuals, families and businesses, at home and abroad, on property transactions, commercial agreements, regulatory compliance and dispute resolution. The firm verifies developers, reviews off-plan and sale contracts, and supports clients from verification to perfection of title.

This article is for general information only and does not constitute legal advice. Before you pay a deposit on an off-plan property, send the contract to Cardinal Counsel for review. Contact us at Suite D14, Adeniran Ogunsanya Mall, Surulere, Lagos, or email info@cardinalcounsel.co.