Features
Understanding Ghana’s Land Use and Planning Laws: AGuide to Zoning, Building Permits, and Environmental Regulations.
“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land use and planning laws are primarily governed by the Land Use and Spatial Planning Act, 2016 (Act 925), which repealed and replaced the Town and Country Planning Act, 1960 (Act 64) under the auspices of the Land Use and Spatial Planning Authority (LUSPA), mandated to ensure the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.
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:
- 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.
- Commercial Zone: This zone is designated for commercial activities, including offices, retail stores, restaurants, and other commercial uses.
- Industrial Zone: This zone is designated for industrial activities, including manufacturing plants, warehouses, and other industrial uses.
- Institutional Zone: This zone is designated for public and institutional uses, including schools, hospitals, and other public facilities.
- 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).
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.
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.
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.
CONTACT: PTABIRI@GMAIL.COM
By: Prince Kojo Tabiri ESQ
Features
Tears of Ghanaman, home and abroad
The typical native of Sikaman is by nature a hospitable creature, a social animal with a big heart, a soul full of the milk of earthly goodness, and a spirit too loving for its own comfort.
Ghanaman hosts a foreign pal and he spends a fortune to make him very happy and comfortable-good food, clean booze, excellent accommodation and a woman for the night.
Sometimes the pal leaves without saying a “thank you but Ghanaman is not offended. He’d host another idiot even more splendidly. His nature is warm, his spirit benevolent. That is the typical Ghanaian and no wonder that many African-Americans say, “If you haven’t visited Ghana. Then you’ve not come to Africa.
You can even enter the country without a passport and a visa and you’ll be welcomed with a pot of palm wine.
If Ghanaman wants to go abroad, especially to an European country or the United States, it is often after an ordeal.
He has to doze in a queue at dawn at the embassy for days and if he is lucky to get through to being interviewed, he is confronted by someone who claims he or she has the power of discerning truth from lie.
In short Ghanaman must undergo a lie-detector test and has to answer questions that are either nonsensical or have no relevance to the trip at hand. When Joseph Kwame Korkorti wanted a visa to an European country, the attache studied Korkorti’s nose for a while and pronounced judgment.
“The way I see you, you won’t return to Ghana if I allow you to go. Korkorti nearly dislocated her jaw; Kwasiasem akwaakwa. In any case what had Korkorti’s nose got to do with the trip?
If Ghanaman, after several attempts, manages to get the visa and lands in the whiteman’s land, he is seen as another monkey uptown, a new arrival of a degenerate ape coming to invade civilized society. He is sneered at, mocked at and avoided like a plague. Some landlords abroad will not hire their rooms to blacks because they feel their presence in itself is bad business.
When a Sikaman publisher landed overseas and was riding in a public bus, an urchin who had the impudence and notoriety of a dead cockroach told his colleagues he was sure the black man had a tail which he was hiding in his pair of trousers. He didn’t end there. He said he was in fact going to pull out the tail for everyone to see.
True to his word he went and put his hand into the backside of the bewildered publisher, intent on grabbing his imaginary tail and pulling it out. It took a lot of patience on the part of the publisher to avert murder. He practically pinned the white miscreant on the floor by the neck and only let go when others intervene. Next time too…
The way we treat our foreign guests in comparison with the way they treat us is polar contrasting-two disparate extremes, one totally incomparable to the other. They hound us for immigration papers, deport us for overstaying and skinheads either target homes to perpetrate mayhem or attack black immigrants to gratify their racial madness
When these same people come here we accept them even more hospitably than our own kin. They enter without visas, overstay, impregnate our women and run away.
About half of foreigners in this country do not have valid resident permits and was not a bother until recently when fire was put under the buttocks of the Immigration Service
In fact, until recently I never knew Sikaman had an Immigration Service. The problem is that although their staff look resplendent in their green outfit, you never really see them anywhere. You’d think they are hidden from the public eye.
The first time I saw a group of them walking somewhere, I nearly mistook them for some sixth-form going to the library. Their ladies are pretty though.
So after all, Sikaman has an Immigration Service which I hear is now alert 24 hours a day tracking down illegal aliens and making sure they bound the exit via Kotoka International. A pat on their shoulder.
I am glad the Interior Ministry has also realised that the country has been too slack about who goes out or comes into Sikaman.
Now the Ministry has warned foreigners not to take the country’s commitment to its obligations under the various conditions as a sign of weakness or a source for the abuse of her hospitality.
“Ghana will not tolerate any such abuse,” Nii Okaija Adamafio, the Interior Minister said, baring his teeth and twitching his little moustache. He was inaugurating the Ghana Refugee and Immigration Service Boards.
He said some foreigners come in as tourists, investors, consultants, skilled workers or refugees. Others come as ‘charlatans, adventurers or plain criminals. “
Yes, there are many criminals among them. Our courts have tried a good number of them for fraud and misconduct.
It is time we welcome only those who would come and invest or tour and go back peacefully and not those whose criminal intentions are well-hidden but get exposed in due course of time.
This article was first published on Saturday March 14, 1998
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Features
Decisions have consequences
In this world, it is always important to recognise that every action or decision taken, has consequences.
It can result in something good or bad, depending on the quality of the decision, that is, the factors that were taken into account in the decision making.
The problem with a bad decision is that, in some instances, there is no opportunity to correct the result even though you have regretted the decision, which resulted in the unpleasant outcome.
This is what a friend of mine refers to as having regretted an unregretable regret. After church last Sunday, I was watching a programme on TV and a young lady was sharing with the host, how a bad decision she took, had affected her life immensely and adversely.
She narrated how she met a Caucasian and she got married to him. The white man arranged for her to join him after the marriage and processes were initiated for her to join her husband in UK. It took a while for the requisite documentation to be procured and during this period, she took a decision that has haunted her till date.
According to her narration, she met a man, a Ghanaian, who she started dating, even though she was a married woman.
After a while her documents were ready and so she left to join her husband abroad without breaking off the unholy relationship with the man from Ghana.
After she got to UK, this man from Ghana, kept pressuring her to leave the white man and return to him in Ghana. The white man at some point became a bit suspicious and asked about who she has been talking on the phone with for long spells, and she lied to him that it was her cousin.
Then comes the shocker. After the man from Ghana had sweet talked her continuously for a while, she decided to leave her husband and return to Ghana after only three weeks abroad.
She said, she asked the guy to swear to her that he would take care of both her and her mother and the guy swore to take good care of her and her mother as well as rent a 3-bedroom flat for her. She then took the decision to leave her husband and return to Ghana.
She told her mum that she was returning to Ghana to marry the guy in Ghana. According to her, her mother vigorously disagreed with her decision and wept.
She further added that her mum told her brother and they told her that they were going to tell her husband about her intentions.
According to her, she threatened that if they called her husband to inform him, then she would commit suicide, an idea given to her by the boyfriend in Ghana.
Her mum and brother afraid of what she might do, agreed not to tell her husband. She then told her husband that she was returning to Ghana to attend her Grandmother’s funeral.
The husband could not understand why she wanted to go back to Ghana after only three weeks stay so she had to lie that in their tradition, grandchildren are required to be present when the grandmother dies and is to be buried.
She returned to Ghana; the flat turns into a chamber and hall accommodation, the promise to take care of her mother does not materialise and generally she ends up furnishing the accommodation herself. All the promises given her by her boyfriend, turned out to be just mere words.
A phone the husband gave her, she left behind in UK out of guilty conscience knowing she was never coming back to UK.
Through that phone and social media, the husband found out about his boyfriend and that was the end of her marriage.
Meanwhile, things have gone awry here in Ghana and she had regretted and at a point in her narration, was trying desperately to hold back tears. Decisions indeed have consequences.
NB: ‘CHANGE KOTOKA INTERNATIONAL AIRPORT TO KOFI BAAKO INTERNATIONAL AIRPORT’
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