PROPERTY MANAGEMENT: KNOW THE REGULATORY LAWS II.
PROPERTY MANAGEMENT: KNOW THE REGULATORY LAWS II
Conveyancing Act 1881: This is also one of the laws received from our colonial master, England. This law is in operation in Southeastern States and Northern states in Nigeria. It regulates all property transactions from sales, transfer of title, mortgages, leases etc. it also defines the rights and duties of each party to the transaction.
Property and Conveyancing Laws(PCL): Just like the Conveyancing Act that applies to Eastern and Northern, the PCL applies to old Western Nigeria. It regulates land transactions within the region. It provides that any land transaction that borders on transfer of title must be by deed. Thus, when your client is transferring title within this region, you have the duty to ensure the document evidencing the transfer is by deed. Failure to do this makes it void.
Tenement Rate Laws of Nigeria: This law stipulates the rates that are payable on properties within the state it applies. These rates are usually the responsibility of the local governments within the state. The occupier of the property is expected to pay these rates. As a property manager therefore, you must bring this to the notice of your tenants the rates that are payable on the property. Some Tenants are eager to sign an agreement and move into the property without reading through such an agreement. Hence, the need to further bring it to the notice of the tenant. It could be agreed that the Landlord continues to pay the rates depending on special arrangement by parties.
Lagos State Real Estate Regulatory Law, 2021: This Law is one that regulates the activities of real estate transactions within Lagos state. It spells out the minimum requirement for one to operate in the real estate sector. This law provides in section 25 that to operate in Lagos state as property manager, you must be duly registered with the Authority. It also spells out procedure and minimum requirements. Licence is issued to qualified persons or companies and it remains valid for a period of one year. That is, you are required to renew it to continue your operation. Failure to adhere to law attracts penalties. Thus, it is important that you understand the operation of this law.
Companies and Allied Matters Act(CAMA) 2020: This Act regulates the registration and operation of all businesses in Nigeria including the Property Management Companies. It spells out the minimum requirement for the registration of the company and the record the company is expected to keep. It also requires the company to give an annual report to the Corporate Affairs Commission yearly. The purpose of this return is to show that your company is still in business. Failure to file a report as and when due attracts a penalty.
Mortgage and property Law of Lagos state: This law was enacted to regulate mortgage transactions in Lagos State. It makes provisions for the procedures Mortgagors and Mortgagees must follow to have a valid mortgage transaction. Where parties intend to create a legal mortgage, where the laid down rules are not adhered to, it is reduced to equitable mortgage. This is certainly not the intention of the parties. It also spells out the rights of both parties in the mortgage transaction. Where the mortgagor intends to lease out a mortgaged property, the procedure to follow are also contained in this law.
Company Income Tax Act: This act provides for the taxes companies operating in Nigeria are expected to pay. The tax payable here is dependent on the annual turnover of the company. Where a company has annual turnover of 1oom and above, it shall be 30% of its turnover. Whereas, a company with a turnover of 25million to 100million pays 20% of their turnover. As a property management company, it is important for you to know where your company falls under and the applicable tax to avoid any form of penalty for defaulting in making payment.
SUMMARY:
All of these laws are important to every property manager both individual managers or corporate managers. They either apply generally or particularly to your company as a manager. More so, the knowledge of these laws puts you at an advantage when dealing with clients. They enable you to speak with authority and clarity. It also enhances the level of your performance in your duties.