Navigating Ghana’s Real Estate Laws: A Guide for Property Buyers

A Guide for Property Buyers

Investing in real estate in Ghana can be an excellent opportunity for both local and foreign investors. However, the legal landscape can be complex and difficult to navigate without proper guidance. As a real estate agency, Ana Arkutu Consult has had extensive experience in helping property buyers navigate Ghana’s real estate laws. In this guide, we will provide an overview of the legal framework and regulations that apply to property buyers in Ghana.

READ ALSO: How to invest in Ghana’s vibrant real estate space

An Overview of Ghana’s Real Estate Laws

Ghana’s real estate laws are primarily governed by the 1992 Constitution, the Land Act, of 2020 (Act 1036), the Land Use and Spatial Planning Act, of 2016 (Act 925), and other subsidiary legislation. The Constitution vests ownership of all lands in Ghana in the President, acting on behalf of the people of Ghana. The Land Act provides the legal framework for the acquisition, ownership, and use of land in Ghana. The Land Use and Spatial Planning Act, on the other hand, provides for the regulation and management of land use and development.

Types of Land Tenure in Ghana

In Ghana, there are two main types of land tenure: customary and leasehold. Customary tenure refers to land owned and governed by traditional authorities or communities. Leasehold tenure, on the other hand, is land owned by the government or individuals and leased to others for a specific period. The Land Act provides the legal framework for both customary and leasehold tenure.

READ ALSO: What to Look Out for When Buying An Apartment in Accra

The Land Acquisition Process

The process of acquiring land in Ghana can be complex, especially for foreign investors. It is important to engage the services of a reputable real estate agency firm such as Ana Arkutu Consult to guide you through the process. The process of land acquisition in Ghana involves the following steps:

1. Search and Verification of Title: It is important to conduct a search and verification of the title to the land to confirm the ownership status and whether the land is encumbered in any way.
2. Negotiation of Terms: Once the title has been verified, the buyer will negotiate the terms of the sale with the seller, including the purchase price, payment terms, and any other conditions.
3. Payment and Registration: The buyer will pay the agreed-upon purchase price and register the land with the Land Title Registry to obtain a title certificate.
4. Post-Registration Processes: After registration, the buyer will obtain necessary permits and approvals from relevant authorities for the development and use of the land.

READ ALSO: The art of holiday investment (Part 3)

Legal Considerations for Property Buyers

When buying property in Ghana, there are several legal considerations that property buyers should keep in mind. Some of the key legal considerations include:

1. Land Title Verification: It is important to verify the title of the land before entering into any purchase agreement. This can be done by conducting a search at the Land Title Registry to ensure that the seller is the rightful owner of the land and that the land is not encumbered by any mortgages, liens, or other claims.
2. Land Use and Zoning Regulations: Property buyers should be aware of the land use and zoning regulations in the area where the property is located. These regulations may affect how the property can be used and developed.
3. Taxation: Property buyers should be aware of the various taxes and fees that may apply to the purchase and ownership of real estate in Ghana, including stamp duty, property taxes, and land rent.
4. Foreign Ownership: Foreign investors are allowed to own land in Ghana, but there may be certain restrictions and requirements that apply.

READ ALSO: The Comprehensive Guide to Renting Luxury Apartments in Ghana

In, summary, Navigating Ghana’s real estate laws can be complex, but with the help of a reputable real estate agency such as Ana Arkutu Consult, property buyers can ensure that they are complying with all relevant regulations and laws. By understanding the legal framework and regulations that apply to property buyers in Ghana, investors can make informed decisions and take advantage of the many opportunities that Ghana’s real estate market has to offer. Speak with us now