Metropolitan, Municipal, and District Assemblies (MMDAs) have received a strong call to prosecute individuals who sell land without the legally required Land Use Certificate. This urgent appeal comes from Gifty Nyarko, the National President of the Local Government Service Association of Physical Planners (LoGSAPP).
The primary goal of this prosecution drive is to curb the illegal sale of environmentally sensitive areas, including wetlands, watercourses, and floodplains. These unauthorized land transactions are major contributors to the increasing incidence of flooding and environmental degradation across Ghana.
This issue fits into Ghana's broader struggle with urban planning and environmental protection. Despite the Land Use and Spatial Planning Act, 2016 (Act 925) being in force for eight years, its weak enforcement has allowed indiscriminate development in critical ecological zones. This lack of oversight exacerbates the impact of climate change, leading to significant economic and social costs.
Ms. Nyarko emphasized that strict enforcement of Sections 96 and 97 of Act 925 would significantly reduce flooding, environmental degradation, and land disputes. She told the Daily Graphic that this action would also protect lives and property, which are frequently affected by these issues. Ms. Nyarko, who also heads the Physical Planning Department of the Nkoranza South Municipal Assembly, highlighted the clear legal obligations placed on all parties involved in land transactions by Act 925.
Section 96 of Act 925 specifically prohibits the sale, lease, or transfer of land unless the seller can prove it has been properly zoned or rezoned for its intended use. The law also mandates sellers to ensure the land conforms to approved land use plans and to attach evidence of approved zoning to every transfer or conveyance. These provisions apply to chiefs, family heads, private landowners, estate developers, and land agents.
Ms. Nyarko expressed concern that many assemblies have failed to enforce this law since its enactment in 2016. This failure has allowed wetlands, watercourses, floodplains, and other protected lands to be sold for development. She urged MMDAs to educate traditional authorities, who play a crucial role in land administration, about the provisions of Act 925. Many traditional leaders are reportedly unfamiliar with the law's requirements.
Chiefs and customary landowners must allocate land only in conformity with approved structure plans or local plans. Ms. Nyarko stressed that land ownership does not automatically grant the right to allocate or develop land for any purpose. The consistent prosecution of offenders, moving beyond mere public education, will deter illegal land transactions and promote safer, more resilient, and sustainable communities.
The implications of stronger enforcement are far-reaching. It could lead to a reduction in the GHS 18.8 million in development money that has reportedly vanished due to poor land management. Markets and decision-makers will closely watch how MMDAs respond to this call for action. Effective implementation of Act 925 could significantly improve Ghana's resilience to climate change and foster more orderly urban development.