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Understanding Ghana’s Land Use and Planning Laws: AGuide to Zoning, Building Permits, and Environmental Regulations.

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When we see land as a community to which we belong, we may begin to use it with love and respect.” ~ Aldo Leopold

  • Introduction

Ghana has a rich and diverse landscape, with varied topography, climate, and natural resources. To ensure sustainable development and protect the environment, the country has enacted a range of laws and regulations governing land use and planning.

In Ghana, land use and planning laws are primarily governed by the Land Use and Spatial Planning Act, 2016 (Act 925), which repealed and replaced the Town and Country Planning Act, 1960 (Act 64) under the auspices of the Land Use and Spatial Planning Authority (LUSPA), mandated to ensure the sustainable development of land and human settlements through a decentralized planning system amongst others. They are to ensure that, the District Assemblies in collaboration with the development institutions perform site and service programs for the purpose of development

This article will provide anoverview of the laws that regulate land use and planning in Ghana, including land ownership, zoning regulations, building permits, and environmental impact regulations.

  • Legal Framework

Ghana has laws and regulations governing land use and planning, primarily the Land Use and Spatial Planning Act, 2016 (Act 925), Zoning and Land Use Regulations, 2019 (LI 2384), the National Building Regulations, 1996 and the Local Government Act, 2016.

These laws cover issues such as land ownership, zoning regulations, building permits, and environmental impact assessments. These laws also aim to ensure that development activities in Ghana are conducted in a safe, sustainable, and environmentally friendly manner.

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In summary, while ACT 925 provides a comprehensive legal framework for regulating and managing land use and planning in Ghana, the Zoning and Land Use Regulations, 2019 (LI 2384) provides detailed guidelines for preparing and implementing zoning plans in Ghana.

  • Land Ownership in Ghana

In Ghana, land ownership is regulated by the Land Act 2020 (ACT 1036), which recognizes two types of land: public land and private land. Public land is owned by the state and can be used for public purposes, such as schools, hospitals, and government buildings. Private land, on the other hand, is owned by individuals or organisations and can be used for residential, commercial, or industrial purposes.

Land ownership is a critical aspect of land use and planning in Ghana. The complex system of customary and statutory law governing land ownership in Ghana has significant implications for land use and planning, as it determines who has the right to use and develop land in particular areas.

The Land Act recognizes several types of land ownership, including customary, public, and state land. This has implications for land use and planning, as different types of land ownership may be subject to different regulations and restrictions.

  • Zoning

Physical planning units under Metropolitan/Municipal/District Assemblies (MMDAs) use zoning as a tool to specify the appropriate use and kind of development for and on a parcel of land. Zoning establishes the permitted and prohibited uses and developments on a piece of property within a zone, defining the land’s use category.

Ghana’s zoning system varies depending on the specific planning authority responsible for a particular area. However, generally, there are 5 main zoning classifications in Ghana. These are:

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  1. Residential Zone: This zone is designated for residential purposes, and it may include different sub-zones such as single-family residential, multi-family residential, or mixed-use residential.
  2. Commercial Zone: This zone is designated for commercial activities, including offices, retail stores, restaurants, and other commercial uses.
  3. Industrial Zone: This zone is designated for industrial activities, including manufacturing plants, warehouses, and other industrial uses.
  4. Institutional Zone: This zone is designated for public and institutional uses, including schools, hospitals, and other public facilities.
  5. Special Development Zone: This zone is designated for special developments like the Marine Drive Project at La – Accra. It also contains areas with Historical and Architectural value.

Zoning classifications may also be subject to change over time as the needs of an area change or as new development opportunities arise.

The green belts in Accra would typically fall under the “Open Spaces and Recreational Areas” zone which is a subset of the Special Development zoning scheme. This zone is typically designated for parks, playgrounds, sports facilities, and other open spaces that are used for recreational purposes. Green belts, such as the Achimota Forest Reserve and the Legon Botanical Gardens, would fall under this zone as they provide opportunities for recreation and leisure activities. The Open Spaces and Recreational Areas zone is an important component of the zoning scheme, as it helps to promote healthy and active lifestyles, enhance the quality of life for residents, and provide important ecosystem services, such as regulating the local climate and maintaining biodiversity.

MMDAs deal with assessments of the zoning status of lands and make proposalsfor re-zoning where necessary. Where the proposed development does not conform to the approved use or zoning scheme, developers may apply for a change of use or rezoning.

Land use plans are prepared to guide physical development over a period of time. During the implementation of the plan, a variety of circumstances can lead to a need to revise the plan to reflect changing function or activity on the land, the forces of the market, or improving standards for a variety of land users. This leads to Rezoning which simply means the process of assigning land or property to a different category of restrictions on use and development.For example: from residential use to commercial use and vice versa.

  • Building Permits

To ensure that buildings are constructed safely,Ghana requires building permits for all construction activities. Building permits are issued by the local government authority and require that construction plans be reviewed for compliance with building codes, zoning regulations, and environmental laws.

The Local Government Act, 1993 (Act 462) stipulates in Section 49 that “No physical development shall be carried out in a district without prior approval in the form of written permission granted by the District Planning Authority”.  The law further requires that “every person shall, before constructing a building or other structure or undertaking any work, obtain a permit from the District Planning Authority which shall contain such conditions as the District Planning Authority may consider necessary – Act 462, Section 64 (1).

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Development and Building permit is the main instrument for controlling or managing physical development. Development permit in this context refers to permits issued in relation to planning and building applications.

Building codes set out the minimum standards and requirements for the design, construction, and maintenance of buildings, while zoning regulations dictate how the land can be used and developed within certain areas.

To obtain a building permit, you will need to submit detailed plans and specifications for your project to your town and country planning department in your district. Attach the land ownershipdocument from Lands Commission. Also attach four copies of architectural and structural drawings, a certified fire report, and an EPA permit to the Building Permit Application Form from the Assembly.

The Physical Planning Unit in the District/Municipal Assembly to which plans have been submitted may in the exercise of its power under Section 84 of the Local Government Act, 1993 (Act 462), grant the building permit.

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Per the National Building Code of 1995, the period of the validity of a building permit shall ordinarily be five years, except that if the work authorized in the permit is not completed within the time stipulated, the Planning Authority may extend the period on application by the applicant or his agent who must be a person in the building design profession.

You can begin construction once your plans are approved and your permit is issued. It is important to obtain a building permit to avoid fines, penalties, or demolishing of completed buildings without a permit.

By ensuring that new buildings are constructed in a safe, sustainable, and environmentally-friendly manner, these building regulations help to promote the health, safety, and well-being of residents and contribute to the overall development of the country.

  • Environmental Impact Regulations

Ghana’s Environmental Impact Assessment (EIA) laws require that all major development projects undergo an EIA before they can be approved. The EIA process involves an assessment of the potential environmental impacts of a proposed project and the development of measures to mitigate or avoid these impacts.

One of the key laws governing environmental impact assessments in Ghana is the Environmental Assessment Regulations of 1999, which sets out the requirements for environmental impact assessment studies (EIAs) to be conducted prior to the approval of certain development projects.

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The Environmental Assessment Regulations require that an EIA be conducted for any development project that is likely to have significant environmental impacts, such as large-scale construction projects, mining activities, or industrial operations.

In addition to the Environmental Assessment Regulations, other environmental laws in Ghana that impact land use and planning include the Water Resources Commission Act of 1996, which regulates the use and management of water resources, and the GhanaForest and Wildlife Policy of 2012, which aims to protect and conserve Ghana’s flora, and fauna and to promote the rehabilitation and restoration of degraded landscapes through forest plantation development.

  • Conclusion

Ghana’s land use and planning laws are critical to ensuring that development projects are carried out sustainably and responsibly that benefit both people and the environment. By understanding the various zoning regulations, building permit requirements, and environmental laws that apply to their projects, developers, and planners can help to ensure that their work aligns with the broader goals of sustainable development and environmental protection.

THE WRITER IS A BARRISTER AND SOLICITOR OF THE SUPREME COURT OF GHANA AND A MEMBER OF ZOE, AKYEA & CO LAW FIRM IN LABONE, ACCRA.

HIS LEGAL INTERESTS INCLUDE BUT ARE NOT LIMITED TO REAL/PROPERTY LAW, CORPORATE AND COMMERCIAL PRACTICE, CONSTRUCTION LAW, AND DISPUTE RESOLUTION.

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CONTACT: PTABIRI@GMAIL.COM

By: Prince Kojo Tabiri ESQ

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Let’s pay attention to our teachers

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All over the world, it has been recognised that nations who have developed, paid attention to education and continue to do so.  If we pay lip service to the development of our educational system, we might as well forget about our development in the foreseeable future. 

In order for effective teaching and learning to happen, the teacher who is the centre of it all, must be well motivated.  Every person working in an office, every parliamentarian, every minister or deputy minister, all the way up to the first gentleman of the land, owes his or her status to a teacher. 

Unfortunately, for some strange reason, our leaders who are the decision makers, do not seem to care very much about the welfare of teachers.  The leadership of the various teacher unions, also appear not to be doing their job as is expected of them, leaving the teacher who had worked for over a year without being paid, frustrated.

The lack of seriousness that is attached to teachers’ issues is very worrying. My parents were teachers so I am very passionate about teachers’ issues.   Gone are the days that we used to say that teachers will get their reward in Heaven. 

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Now those in the teaching profession are mostly youthful and they have a different mindset from that of our parents. They do not want their reward in Heaven, they want it here on this very earth. 

A teacher sees his colleague who he was academically better than in school, from the same background socially, becomes a Municipal Chief Executive (MCE), an Member of Parliament (MP) or a Government Appointee and overnight, this guy becomes wealthy and you say he the teacher, should wait for his reward in Heaven? 

His going there is not guaranteed anyway, so if he or she does not make it to Heaven, then what?  Promises of government after government to teachers, remain unfulfilled and so they become disillusioned and demotivated to ensure effective teaching and learning.

I read a story of a lady, who as a child was suffering from Dyslexia but her teacher gave her the needed attention to help her and this even led her teacher to run into problems with the school authorities, resulting in the loss of her job. This lady grew up and became a famous actress and won an Oscar. 

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She then gave the prize money attached to the award, which was three million dollars, to her teacher who put her career on the line to help her out of her dyslexia challenge as a child. 

There are many such teachers in our educational system because teaching is a calling, like medicine, like nursing etc. and therefore teachers who are the first point of call before we can climb the ladder to become the engineers, the lawyers, accountants and the rest, deserve special attention. 

What is even important is the crucial role they play in shaping the moral character of future leaders which is invaluable.

Let us all, especially our leaders, place a high premium on the teacher who is at the centre of our educational system and who can make or unmake our future as a nation.  How do you ask a teacher to go to a place, far removed from his or her parents and for a year and above not pay any salary to him or her?

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 How is the teacher to survive?  If the same thing was done to any of our leaders, especially the leaders of the various teacher unions, will they be happy? How do they expect the teachers to survive and also be motivated to deliver quality teaching?  Funds must be found to immediately resolve their unpaid salaries do they can be in the right frame of mind to do their very precious job. The teaching profession, in my view, is number one, when ranking professions because as an advert displays “If you can read this, thank a teacher”. Let us give our teachers their due. God bless.

By Laud Kissi-Mensah

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Searching for the Holy Child

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A female student walking away from some male students

GREETINGS from Korkorti and from Kofi Owuo, alias Death-By-Poverty. When this column took a short break, the two friends summoned me. They wanted to know whether the column had gone on pension or was just on strike. I explained that the column was not on retirement and neither was it on a hunger strike. Rather, the column was of the habit of falling into coma for four weeks or thereabout every year.

Kwame Korkorti and Kofi Owuo (who is addicted to poverty and has sworn not to prosper) are two of my former classmates I cherish so much. And it was great fun to be a Nino in those days. In fact, on the first day on campus, Korkorti was bold enough to bully his own mates who tragically mistook him for a senior.

In fact, when the first-years arrived, Korkorti was one of them but quickly pretended he was in Form 2. So he began pulling the noses of his mates and brushing their faces when the real seniors were not quite in sight. It was when classes began that his victims realised the so-called nose-pulling senior was in fact their own classmate.

So Korkorti got famous for that gimmick. But his English was poor.

The English master was a tall, bombastic young man who claimed he was a former soccer star. In fact, he swore he had a magical left foot that was comparable to that of the legendary Pele. And his grandiloquence par excellence clearly distinguished him from other members of staff.

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He did not quite like Korkorti because although the boy was stubborn and his head did not have a nice shape, the girls adored him. Moreover he never did his English Language assignments.

Stand up, you tall fool, the English master often ordered. Korkorti wouldn’t stand up but would just smile broadly.

“I say stand up” the teacher would bark now like a dog suffering from rabies “Get up and let me measure your stupidity.”

Korkorti would stand up this time round and yawn.

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Certainly, lunchtime has been long in coming and a good yawn often relieved the young student’s stomach of gastronomic stress.

Invariably, the English guru did not like it when Korkorti yawned. For one thing, the boy opened his mouth too widely. For another, he yawned a bit too audibly and that caused laughter among his mates.

Certainly, the master must have figured out that the boy’s height was proportional to his stupidity. But there were no school rules against yawning

Merari Alomele’s
• A female student walking away from some male students

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or wide mouth. In fact, there was freedom of yawning and snoring and Korkorti exercised both freedoms judiciously and democratically.

“Do you know when you yawn you look like a hungry crocodile,” the master once asked him.

“Yes sir, I am aware sir,” Korkorti confirmed and yawned again. This time he nearly swallowed the whole class. There was an uproar and the whole class reverberated in good laughter.

The English master shook his head and then nodded it like an agama lizard. This Korkorti boy was a real character, a phenomenon, a one-man thousand. Meanwhile lessons had to continue.

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It was in those days when school was exciting and we often gathered and talked about girls. I had often dreamt of having a girl from Holy Child School because I had heard very saintly and curious things about them, I had learnt from a guy from Saint Augustine’s College that Holy Child girls were of a special breed, in fact a hybrid between the cultured home-bred variety and those of inner holiness. They were born of the Holy Spirit. The only thing was that they didn’t suffer under Pontius Pilate.

In short, they were angels in human form, spoke in a special way, walked with a unique and danced with heavenly steps. They were taught by Holy Nuns and so were quite different from us who had no hope of making any spirito-culturo-scholastic progress.

I confessed to Korkorti that I wanted a girl from Holy Child, not for immoral purposes but to partake of their saintly ways so that when it was time for going to heaven, Kwame Alomele could also be considered.

During vacations we met girls from Mawuli, Ola, Accra Girls, St. Roses, Wesley Girls but none from Holy Child. Then one day, Kwame Korkorti whispered into my ear that a Holy Child babe was in town and that he was sure my dreams had come true.

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Korkorti organised it and we positioned at a spot, knowing the girl would traverse en route to the library or the market. After a boring period of waiting, Korkorti suddenly espied the child coming. I looked at her face and saw of an angel. What! This was the kind I always wanted. God bless my soul! This was really my chance and Korkorti had prophesied it.

“Hello Sister,” Korkorti called her when about to leave us.

The girl slowed down and looked at us. My heartbeat increased in tempo. What really was I going to tell this angel? Wouldn’t she think Korkorti was Satan and me a common red-eyed demon? I gathered courage.

“What do you want?” she asked in a sweet voice. My heart melted instantly. Spotless beauty with voice that did something to me. Good gracious!

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“Eh-h, my friend says he likes you,” Korkorti to her bluntly.

At that very moment I felt as if a sledge-hammer had hit my chest with the force of a dynamite. What a blunder! What a shock! I felt dizzy instantly. My bosom friend had balked the whole agenda. Before I could recover from the shock, the girl had walked away. From that day. I never met another holy child.

In January, this year, I miraculously received a letter from an 18-year old Holy Child student who said she was my fan.

It was a nicely written letter and I enjoyed reading it. I then relived the Korkorti incident and laughed aloud to myself.

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So when Korkorti and Kofi Owuo summoned me, I reminded them of the day my heart melted at the sight of the angel; that angel which disappeared before my eyes and made me go back home not crying and yet not laughing.

Proofread

Searching for the Holy Child

GREETINGS from Korkorti and from Kofi Owuo, alias Death-By-Poverty. When this column took a short break, the two friends summoned me. They wanted to know whether the column had gone on pension or was just on strike.

Advertisement

I explained that the column was not on retirement and neither was it on a hunger strike. Rather, the column was of the habit of falling into coma for four weeks or thereabout every year.

Kwame Korkorti and Kofi Owuo (who is addicted to poverty and has sworn not to prosper) are two of my former classmates I cherish so much. And it was great fun to be a Nino in those days. In fact, on the first day on campus, Korkorti was bold enough to bully his own mates who tragically mistook him for a senior.

In fact, when the first-years arrived, Korkorti was one of them but quickly pretended he was in Form 2. So he began pulling the noses of his mates and brushing their faces when the real seniors were not quite in sight. It was when classes began that his victims realised the so-called nose-pulling senior was in fact their own classmate

So Korkorti got famous for that gimmick. But his English was poor.

Advertisement

The English master was a tall, bombastic young man who claimed he was a former soccer star. In fact, he swore he had a magical left foot that was comparable to that of the legendary Pele. And his grandiloquence par excellence clearly distinguished him from other members of staff.

He did not quite like Korkorti because although the boy was stubborn and his head did not have a nice shape, the girls adored him. Moreover he never did his English Language assignments.

Stand up, you tall fool, the English master often ordered. Korkorti wouldn’t stand up but would just smile broadly.

“I say stand up” the teacher would bark now like a dog suffering from rabies “Get up and let me measure your stupidity.”

Advertisement

Korkorti would stand up this time round and yawn.

Certainly, lunchtime has been long in coming and a good yawn often relieved the young student’s stomach of gastronomic stress.

Invariably, the English guru did not like it when Korkorti yawned. For one thing, the boy opened his mouth too widely. For another, he yawned a bit too audibly and that caused laughter among his mates.

Certainly, the master must have figured out that the boy’s height was proportional to his stupidity. But there were no school rules against yawning or wide mouth. In fact, there was freedom of yawning and snoring and Korkorti exercised both freedoms judiciously and democratically.

Advertisement

“Do you know when you yawn you look like a hungry crocodile,” the master once asked him.

“Yes sir, I am aware sir,” Korkorti confirmed and yawned again. This time he nearly swallowed the whole class. There was an uproar and the whole class reverberated in good laughter.

The English master shook his head and then nodded it like an agama lizard. This Korkorti boy was a real character, a phenomenon, a one-man-thousand. Meanwhile lessons had to continue.

It was in those days when school was exciting and we often gathered and talked about girls. I had often dreamt of having a girl from Holy Child School because I had heard very saintly and curious things about them,

Advertisement

I had learnt from a guy from Saint Augustine’s College that Holy Child girls were of a special breed, in fact a hybrid between the cultured home-bred variety and those of inner holiness. They were born of the Holy Spirit. The only thing was that they didn’t suffer under Pontius Pilate.

In short, they were angels in human form, spoke in a special way, walked with a unique and danced with heavenly steps. They were taught by Holy Nuns and so were quite different from us who had no hope of making any spirito-culturo-scholastic progress.

I confessed to Korkorti that I wanted a girl from Holy Child, not for immoral purposes but to partake of their saintly ways so that when it was time for going to heaven, Kwame Alomele could also be considered.

During vacations we met girls from Mawuli, Ola, Accra Girls, St. Roses, Wesley Girls but none from Holy Child. Then one day, Kwame Korkorti whispered into my ear that a Holy Child babe was in town and that he was sure my dreams had come true.

Advertisement

Korkorti organised it and we positioned at a spot, knowing the girl would traverse en route to the library or the market. After a boring period of waiting, Korkorti suddenly espied the child coming. I looked at her face and saw of an angel. What! This was the kind I always wanted. God bless my soul! This was really my chance and Korkorti had prophesied it.

 “Hello Sister,” Korkorti called her when about to leave us.

The girl slowed down and looked at us. My heartbeat increased in tempo. What really was I going to tell this angel? Wouldn’t she think Korkorti was Satan and me a common red-eyed demon? I gathered courage.

“What do you want?” she asked in a sweet voice. My heart melted instantly. Spotless beauty with voice that did something to me. Good gracious!

Advertisement

“Eh-h, my friend says he likes you,” Korkorti to her bluntly.

At that very moment I felt as if a sledge-hammer had hit my chest with the force of a dynamite. What a blunder! What a shock! I felt dizzy instantly. My bosom friend had balked the whole agenda. Before I could recover from the shock, the girl had walked away. From that day. I never met another holy child.

In January, this year, I miraculously received a letter from an 18-year old Holy Child student who said she was my fan. It was a nicely written letter and I enjoyed reading it. I then relived the Korkorti incident and laughed aloud to myself.

So when Korkorti and Kofi Owuo summoned me, I reminded them of the day my heart melted at the sight of the angel; that angel which disappeared before my eyes and made me go back home not crying and yet not laughing.

Advertisement

This article was first published on Saturday, March 18, 1996

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