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land use and planning laws are primarily governed by the Land Use and Spatial Planning Act, 2016 (Act 925), which repealed and replaced the Town and Country Planning Act, 1960 (Act 64) under the auspices of the Land Use and Spatial Planning Authority (LUSPA), mandated to ensure the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
It is still the contention of my uncle, Kofi Jogolo, that the moment God created woman, He created a big problem for man. If not, why would man always have to trim his moustache in such a way as to please woman and not himself? And why would a man’s holy organ keep nodding like an agama lizard just because there is a creation called woman?
Sir Kofi Jogolo whose moustache deserves both a national award and mention in the Guinness Book of Records for its stylish variations, told me recently that when you marry, you have palaver; if you don’t marry, you have wahala. All because of woman. I think the bloke is a reincarnation of Paul. Only he looks like Peter.
For those who do not marry, they may be free of marital problems, but might be in sexual bondage, because at dawn, a certain part of the body might nod in distress. It is a wonderful part of the human body that smiles with joy when a woman is lying within arm’s length.
The unmarried may not have to wait until dawn, though. After all, who says you can satisfy a sexual need only at dawn? If there is no girlfriend, there is still a way out. FEMALE BODIES FOR SALE! You only have to ask, “How much?” Sometimes it is worth the price of only two balls of kenkey.
It is for this reason that some people do not discourage women from practising prostitution because they claim the women play a vital role in national development. According to them, first, the nation cannot develop when the citizens are sex-starved. Second, they claim prostitution keeps down figures of rape cases since it is due to the scarcity of female bodies that the incidence of rape is rising.
Well, some people really adore prostitutes. With them you don’t have to worry about pregnancy. Moreover, you can skip foreplay which many people don’t have the patience for because of their high sexual temperature, or because they consider it a waste of time. And when you pay well, you can enjoy the style you want.
In actual fact, some married men also go in for prostitutes once in a while. They claim that prostitutes do not complain in bed like their wives. When you ask them to raise a leg, they comply without argument.
They also say prostitutes who are experienced can really work on certain parts of your body enough to make you blaspheme. Holy Jesus! The difference is clear then that with prostitutes you pay for the service but with wives it is for free, meaning that the quality of service must differ accordingly.
Many men also say they prefer prostitutes to girlfriends because of “back-pocket palaver”. It is their contention that with girlfriends you have to specialise in telling lies about your credit worthiness especially when you’re not only a human being but also a church mouse.
Sometimes you have to buy beer and gin because some girlfriends would not like to have sex unless they are properly soaked in booze. You also have to sing them lullabies and recite poetry to turn them on. Ask Devine Ankamah. That’s not all. When all is finished, you have to dish transport money, and if you’re not lucky she’d ask you to settle a “carry forward” you had planned to dodge.
So for just two probably lousy rounds of enjoyment, you’d spend some ¢15,000 if hotel services are included, unless you choose a hotel room where cockroaches and rats don’t practise family planning.
There are those who believe that with prostitutes, you don’t have to tell lies. It is purely business. No credit, no debit. Money na hand back na ground. When you are through and refuse to pay, she’ll cause a scene, scratch your face red and drag your butt onto the street. Next time you don’t have money, you stick to your wife or girlfriend or to your sorrows.
Prostitution in Sikaman is widespread. News reaching Palava have it that in the Obuasi area, it is the major occupation of females. They are in lucrative business. They come from all over the country -Bolga, Tamale, Kumasi, Sunyani, Accra, Odumase, wherever. A few are said to have come from Lagos in full gear.
When they all come, they sometimes don’t do so with only their bodies and luggage. They also carry with them something small in the form of a disease called AIDS which they distribute free of charge.
So why Obuasi? Gold! The great successes of Ashanti Goldfields combined with the notoriety and boom of galamsey activities have acted as a magnet, drawing in those who peddle their bodies for cash. No cheques!
Sometime back, it was reported that AIDS cases in the Obuasi area had soared. The reason, prostitution. Obuasi prostitutes are, however, of class. They dress to kill. Some speak even more languages, so if you’re a client and you speak even in tongues, they understand. And they drink beer exactly like Germans.
So what really are we doing about these prostitutes who, some say are contributing to national development and others say are enhancing national obituary?
Sikaman Palava has said it once that the law enforcement agencies have tried time and again to rid them off the streets. They have always failed in doing so. The problem is that they are as slippery as the cockroach. When harassed, they disappear and practise all the same. If caught, they are fined and the next day they are firmly at post.
Some people say because we can’t get rid of them, we must neither encourage nor discourage them. We must find a way of organising them into co-operatives under the name of “SPECIAL HUMAN SERVICES.”
They’d undergo medical screening and those with AIDS banned from practising. The rest would undergo a course in the cause, prevention and cure of sexually-transmitted diseases, personal hygiene, condom use and the healthful ways of practising prostitution.
Then they can be let loose to practise under laid-down rules and regulations and their income taxed.
That way, the prostitutes would be more beneficial to society and would not be the problem we see them to be.
This article was first published on Saturday June 29, 1996
This year June and part of July, is an enjoyable season for football lovers due to the World Cup which is held every four years. The World Cup is such a huge event and also very prestigious so it is highly competitive.
Countries registered with the Federation of International Football Association, (FIFA) become automatic members. FIFA organises tournaments on the five continents of the world, to enable countries to be selected to play in the World Cup competition.
Governments support their national teams to ensure qualification to the World Cup due to the prestigious nature of the tournament. Certain countries even go to the extent of renting a place of their choice, instead of the accommodation provided by FIFA, to ensure that they win the ultimate crown, as Germany did in the 2014 tournament in Brazil.
Mental strength a requisite for emerging victorious in football matches at such high professional level and everything must be done to endure that players are focused on the matches ahead of them.
There is however, a peculiar situation in this year’s World Cup, where it is being hosted by three countries namely the United States of America, Mexico and Canada and where one of the host countries, is at war with one of the competing countries.
The United States of America, is waging a war against Iran. The US has prevented Iran from staying in the US where they were originally scheduled by FIFA to play their matches. The US using its power as the host country, has refused to let Iran to stay and FIFA has provided a place in Mexico for the Iranian team to stay. They have to spend about five hours to fly to the US and prepare to get ready for their matches, each match day.
They are also forced to leave the US as soon as they finish playing their matches, without resting. Despite this inhumane treatment being forced on them by the USA, the Iranian team is mentally strong and have managed to draw their two matches played.
This is a clear manifestation of mental toughness, resulting from having the right mindset.
Life has a way of often dealing bad cards to a lot of people but it is important that when it happens like that, you look at what you can do with what you have, to still achieve the goals you have set for yourself.
There is a saying that when life throws you a lemon you make lemonade out of it. The barriers confronting you might be great, but it is the attitude you display that makes the difference.
The Iranians have really shown that the right mindset is indeed everything you need to be successful. They looked at their situation and assessed what was not going in their favour and found appropriate steps to address it.
Given the teams Iran was to play, the challenge was indeed huge, given the circumstances they found themselves in, but the right mindset to never give up, did the trick for them.
As human beings, we are always confronted with challenges, right from the day we start to crawl, the day we take our first steps and as we continue to grow into adulthood. Challenges are part of our daily lives and we must therefore condition our minds, that we shall encounter them and so must constantly be innovative in overcoming them, when we encounter them.
We need as a country, to develop a critical thinking skill capabilities in our youth, as an investment in the future fortunes of this country. Developing the right mindset, will enable us overcome every challenge. God bless.
By Laud Kissi-Mensah
News1 week agoFSD Africa, others launch Green Project Preparation Facility to unlock investment in climate infrastructure in Ghana
- News1 week ago
Bryan Acheampong calls for unity, urges Kennedy Agyapong to support Dr. Bawumia
- News1 week ago
Merck Foundation holds 13th Africa Asia Luminary with 12 First Ladies to advance healthcare capacity across Africa and Asia
