Tuesday, 6 August 2013
Acquiring a property in Ghana-issues
Why Ghana?
Ghana is a politically and economically stable African country with a rapidly growing reputation as more attention turns to the
continent of Africa. Ghana is resourceful and an emerging world commodity market with scenic beauty, tropical weather, natural
foods, rich culture and the safest and friendliest country in Africa. The country currently welcomes approximately half a million
tourists, aid workers, and business travelers a year. People leave Ghana beloved with its incredibly hospitable and peace-loving
people who are kind to foreigners, respectful of one another, strong followers of tradition, and have deep familial and communal
values that offer much to the world. Ghana real estate and development has been rapidly growing over the past several years.
There are ghana property for sale to foreigners and expats and even more for Ghanaians seeking properties in Ghana. The
country’s residential market has enjoyed the greatest demand of any property segment. A rapidly growing middle-class and
urbanization pressures, especially within the Accra-Tema metropolis, have generated enormous housing demand .
About Accra Ghana
Accra is the capital of Ghana. The closest city to the metropolis is Tema.
Lately, study has also revealed that there has been an ever-increasing presence of new buyers of estate in Ghana due to Ghana’s
new and emerging favorable international image and the growing oil industry. The demand for luxury homes is also affected by
the influx of investors interested in ghana real estate. This is evidenced by reports from real estate companies in Ghana having
purchases of their luxury homes over subscribed even before construction is completed. Statistics from Bank of Ghana also show
phenomenal increases in foreign direct investments (FDI) and foreign monetary transfers into the Ghanaian economy over the
past 10 years
Ghana is a nation that offers an investor an unrivaled wealth of choice and potential, and a property investor considering this
emerging market will likely be overwhelmed by the weight of opportunity for profit and gain. The Ghana property investment is in
its absolute infancy, therefore many critical factors that a property buyer must bear in mind before committing to purchase land
or real estate evidenced by plot for sale and acres for sale everywhere. There are no restrictions on non-Ghanaians owning land
and property in Ghana and this situation is unlikely to change because the government of Ghana is committed to promoting
maximum inward foreign direct investment and is working with a body called the Ghana Real Estate Developers Association to
restructure the entire property sector in the country.It also worth noting that a foreign property investor who makes purchases in
Ghana can benefit from a series of government incentives including taxation breaks, and that currently upon the resale of
property and the release of profits no taxation is levied against capital gains and all profits can be transferred out of Ghana. The i
ncreased growth in the ghana real estate industry has encouraged many investors and homeowners to purchase ghana property.
Buying ghana real estate or building a home in Ghana can be a great opportunity, but there are several things you should know
before you jump into a construction project.
What you need to know before buying property in Ghana
There are four different types of land, such as plot for sale or acres for sale, and some types cannot be owned privately. It is very
important for an interested Ghana plot for sale buyer to go through the right sources to make sure that his or her investment will
be secure and protected when considering land for sale in Ghana.
Who owns the land?
There have been many instances of land being sold by unauthorized owners or being sold to more than one buyer. Have a valid
and legal documentation from the owners of the land Have a title Reviewed at the appropriate government office and a land
valuation reviewed as well Review all documents yourself and involve yourself in all steps of the property buying process We also
encourage you to have an independent lawyer review your documents and to visit Ghana and the land you’re considering purchasing.
Ghana real estate development requirements
You are purchasing undeveloped land in Ghana and there are development timeline requirements set forth by the government. It
is common that you are required to wall the property or build at least a basic infrastructure such as storage shed, building or
foundation within a three-year period. Developing the land also helps to ensure less questions of ownership, or unwanted
harvesting of trees or other assets of the property.
Land leasing
Most property or land sales in Ghana are made on a leased basis. No individual or company may own the land indefinitely. Sales
are made for various leasing terms from 25 to 150 years. Usually, leasing terms are shorter for non-Ghanaians but every leasing
term is negotiable. Our standard leasing terms for these plots are 99 years, at which time you may renew.
Find out who owns the land.
Ensure that the individual or organization you are making the purchase from is in fact the rightful property owner. There have
been many case where land has been sold fake owners, or where land in Ghana has been sold to more than one buyer. To protect
against this property fraud ensure that a comprehensive review of the land title is undertaken at the appropriate government
office and try to do a land valuation. The fee for these are usually paid out by the buyer but it is well worth the cost.
Review Documents Thoroughly
Make sure to review all documents yourself, and attempt to involve yourself in all steps of the real estate buying process.
You may also wish to have your own lawyer review the documents your documents before transferring any funds.
Comply with Ghana Real Estate Development Requirements
When purchasing bare land in Ghana there can be development timeline requirements which are put in place by the government.
You will likely need to build certain basic infrastructure including but not limited to a well and building or foundation within 2
years of purchasing the property. The added advantage of developing the land is also to stop any questions of rightful ownership,
or unwanted encroachment by others on your property. There are often cases where trees or other assets are being grown on
squatting properties. Requirements for property development should be determined at a government office prior to any purchase.
Decide whether to lease or buy
The majority real estate or land sales in any given year in Ghana is made on a lease. Individual and organization can still own the
land indefinitely but sales are made over a variety of leasing arrangements ranging from 25 to 150 years. As a matter of thumb
leasing terms will usually be shorter for expats and non-Ghanaians however all leasing term can be negotiated.Discuss leasing
options with your agent.
Use a reputable Ghanaian real estate company
The best thing to do for smooth sailing in the Ghanaian real estate market is to do business with an official well repute real estate
company or agent in Ghana.
Ghana property market is a direct reflection of the state of the West African nation itself in that it is emerging, developing, has
immense potential but is restricted by serious fundamental issues relating to issues such as poor land title registration
transparency and lack of affordable home financing solutions locally.
The best approach to take with Ghana is to line up all the negatives, knock them down with proof that the government and
additional external bodies and agencies are tackling these issues head on and then identify the amazing potential available in
Ghana for property investors from 2007 onwards‚in this way an investor can determine whether 2007 is the year for them to
begin their due diligence in Ghana for long term capital appreciating investment opportunities.
Building a home here is exceptionally expensive and very time consuming
And you really need to physically be there unless you have top of the line foreman or overseer
plot devoid of litigation is a very time consuming and taxing process
And can’t even imaging trying to build a house there from the ground up…what a headache?
Ghana has a complicated titling system
Plots for Sale in Ghana Due Diligence
Developing a purchased land as soon as possible also to ensure less questions of ownership
If you are purchasing undeveloped land in Ghana there are often development timeline requirements set forth by the government.
It is common that you are required to build at least basic infrastructure such as a well and building or foundation within a 2 year period.
Building a Home in Ghana
The country of Ghana has experienced rapid growth in recent years. The real estate industry is booming, and leading global
research states that it will continue to grow exponentially in the future. This expanding market is very attractive to those looking
to buy a home in Ghana, investors and homeowners, many of whom are choosing to buy land in Ghana and build large homes or
commercial properties. However, to build legally in Ghana, there are several steps you need to take to get the right permits, else
your construction project could be stopped and demolished by the city authorities causing you a great deal of financial lost.
For example, in recent times, major city authorities in Ghana have put a stop to several building construction projects and even
went further to demolish several hundreds of building due to improper permits.
Applying for a Permit from the Land Commission
The first step you need to take to get a building permit in Ghana is to submit an application to the Land Commission. Before you
can get a permit, this government agency has to confirm that the land legally belongs to you. If you are not sure how to go about
proving that you own the land you are planning to build on there are land lawyers who are specifically trained to deal with land
laws and government agencies.
Obtaining a Permit from the Town and Country Planning Department
After the Land Commission has confirmed that you do indeed own the land you want to build on, you can begin the building
permit process with the Town and Country Planning Department (TCPD). The TCPD will assemble a committee of inspectors to
observe the land and analyze your building plans or House Plans. If they approve of your plans, they will submit a
recommendation to the Statutory Planning Committee, which is the government agency that will actually administer the building
permit once the documentation has been reviewed. If you need help with any of these steps, the Ghana Homes Group has
experienced employees who can help you navigate the legal system. Obtaining a building permit in Ghana can be a complicated process.
Steps to Protect Your Ghana Land Investment
If you already have land, make sure it’s registered at the Ghana Land Commission
If purchasing a new land, go to the Land Commission and perform a title search first
Make sure you are working with a reputable attorney who knows Ghana land acquisition laws
After purchase, register your land at the court to make sure you are legally covered
Fence your land or build a small room on it to warn off squatters
Your land in Ghana can be safe from these resellers and scam artists if you use a reputable real estate agent and lawyer when you
want to purchase land for sale in Ghana.
Perform Title Search
It can be challenging to understand the law that governs the purchase of land and how it works. Applications must be filed with
the proper Governmental agency depending on where the land is located. Governmental agencies can help to evaluate the land
you are considering, and find out who truly owns the property, as well as determining whether you can purchase the property. A
title search must be conducted to determine the actual type of land you are considering and to determine the ownership of that
land. Using a reputable land attorney in Ghana is an important step that should be taken if you want to buy land.
Don’t be Scammed
There have been many circumstances where the same spot of land has been sold to several different purchasers by resellers or
scam artists, thus causing court disputes and a loss of money and time. Unauthorized owners will advertise land for sale in
Ghana, collecting the money for the purchase without having the ability to turn the land over to you, and you end up losing your
investment if the court proves that someone else actually owns the land. Problems with a land scam artist in Ghana have cost
many people a great deal of money. If you are interested in buying real estate in Ghana, there is an excellent resource available to
help you. If you are looking to purchase land or invest in housing, they can assist you in the legal processes of buying a property.
Also, if you are interested in building your dream home in Ghana, they can help you obtain house plan, the permits, contractors,
and other resources you will need to get the job done in a satisfactory manner. When searching for real estate in Ghana we will
the make the process a little easier.
Wednesday, 31 July 2013
Ownership issues hound real estate in Ghana
Ghana (pop. 19 million, GDP/cap US$542) is a very poor country. Formerly known as the Gold Coast, it was the first country in sub-Saharan Africa to gain independence from Britain in 1957.
After independence there was a long power struggle between civilians and the military. Jerry Rawlings overthrew the government in 1979, and gained popularity by instituting price controls. He relinquished power to an elected government headed by President Hilla Limann (1979–81), but soon overthew Limann. He then abolished the constitution, suppressed dissent, and established a program of self-sufficiency and austerity, while surviving four coup attempts. He won free presidential elections in 1992 and 1996, serving until 2001
John Kufuor succeeded him, following a victory in the December 2000 presidential elections, and won a second term in 2004.
The economy managed to expand under Rawlings, averaging 4% annual GDP growth from 1992 to 2000. The recovery of global gold and cocoa prices (the country’s major export commodities) helped in the early 2000’s. Better management by the present government has restored macroeconomic stability.
There are no restrictions on foreigners buying property in Ghana. However, there are four forms of land ownership, some of which cannot be privately owned. Each involves differing modes of acquisition. These are: Government Land, Vested Land, Customary/Stool Land, and Family/Private Land.
Potential buyers should first consult the Ghana Investment Promotion Center regarding procedures, and to be directed to the appropriate agencies involved in legally acquiring property, since identifying legal ownership can be a problem.
There are about 40,000 expatriates in Ghana. Most chose to live in the capital, Accra. Expat communities with large, detached houses with gardens and garages can be found just outside the city centre. Most of these are secure, with gates and guards on duty at night.
After independence there was a long power struggle between civilians and the military. Jerry Rawlings overthrew the government in 1979, and gained popularity by instituting price controls. He relinquished power to an elected government headed by President Hilla Limann (1979–81), but soon overthew Limann. He then abolished the constitution, suppressed dissent, and established a program of self-sufficiency and austerity, while surviving four coup attempts. He won free presidential elections in 1992 and 1996, serving until 2001
John Kufuor succeeded him, following a victory in the December 2000 presidential elections, and won a second term in 2004.
The economy managed to expand under Rawlings, averaging 4% annual GDP growth from 1992 to 2000. The recovery of global gold and cocoa prices (the country’s major export commodities) helped in the early 2000’s. Better management by the present government has restored macroeconomic stability.
There are no restrictions on foreigners buying property in Ghana. However, there are four forms of land ownership, some of which cannot be privately owned. Each involves differing modes of acquisition. These are: Government Land, Vested Land, Customary/Stool Land, and Family/Private Land.
Potential buyers should first consult the Ghana Investment Promotion Center regarding procedures, and to be directed to the appropriate agencies involved in legally acquiring property, since identifying legal ownership can be a problem.
There are about 40,000 expatriates in Ghana. Most chose to live in the capital, Accra. Expat communities with large, detached houses with gardens and garages can be found just outside the city centre. Most of these are secure, with gates and guards on duty at night.
RENTAL YIELDS
Last Updated: Nov 14, 2005
A 200 sq. m house would cost about US$150,000 (GHC1.43 billion), and would rent for around US$750 (GHC.2 million) per month, giving a gross rental yield of around 6 to 8%. Residential property prices are around US$700 – US$750 per sq. m (GHC6.7 – 7.2 million).
The rental market in Accra is relatively large with 37.5% of all households renting (only 22% for Ghana as a whole). Only about 40.4% of households in Accra claim ownership of their houses (57.4% for Ghana), while another 20.5% live rent-free (19.5% for Ghana). The remaining 1.6% of housing is employer-provided (4.5% for Ghana).
The rental market in Accra is relatively large with 37.5% of all households renting (only 22% for Ghana as a whole). Only about 40.4% of households in Accra claim ownership of their houses (57.4% for Ghana), while another 20.5% live rent-free (19.5% for Ghana). The remaining 1.6% of housing is employer-provided (4.5% for Ghana).
Monday, 14 January 2013
WHAT TO LOOK FOR IN AN ESTATE AGENT/REALTOR
Choosing an estate agent can be very difficult and picking the correct estate agent can be even more difficult. When selecting an estate agent it is important to a good amount of research in order to ensure the one selected is suitable. There are many different estate agents within the housing market and therefore knowing which one to pick can be difficult.
Quite often the services and charges quoted by estate agents are very similar to each other and therefore choosing can often be difficult. Carrying out basic research on an estate agent should always be the first step that is carried out when looking to sell a house. Always look at the types of property that an agent is currently advertising and consider whether these looking similar to the house that is going to go on the market. Also try and gather research on the agent in terms of their selling rates; there are often review sites on the Internet that provide good information. Before agreeing to sell with an agent it is always important to meet the agency first and also to meet rival agents. The services offered are exactly the same and therefore it can difficult to know which is the best.
Always consider the rates that are being charged, this should be a deciding point but not always the main one. It is always good to look for an estate agent that has a good understanding of the local area. Any agents that have sold in a similar area are always useful. Just from meeting an agent it can provide a good view on whether an estate agent will be good at selling a house. A person who is full of confidence and holds good local knowledge will be very useful when selling a home. A good estate agent will be able to provide a value of a home that they believe it will sell for. Any estate agent that is providing a house value that is well above the market rate will usually not be a good choice. An estate agent that has a solid track record will be able to demonstrate this with ease; most will know how quickly a house will sell.
PROPERTY OWNERSHIP
Typical Concerns:
- What are the types of land ownership in Ghana?
- What are the land systems?
- What types of title are available?
- How do foreigners acquire land in Ghana?
- Can the land purchaser be certain the title is clear?
- What is role of the real estate agent in Ghana?
- Why is it critical to use a qualified property attorney on land purchases?
- What resources are available to assist me in land purchases?
Solutions:
- Land Ownership Forms
The dominant form of land ownership is customary land, which represents all the different categories of rights and interests held within traditional systems (stools, skins, clans, and families). About 80% of the land belongs to traditional owners. The other lands are public lands and private lands acquired out of the traditional land holdings.
- Land Systems
Two types of systems operate in Ghana: Deed Registration and Title Registration
- Deed Registration
-The authoritative recording of instruments/transactions affecting land which provides prima facie evidence of rights and interests in the particular piece of land
-Operates in nine regions of the country
-Through the Ghana Land Administration Project (LAP), a land registry has been established in eight regional capitals
-Operates in the Greater Accra Region and Kumasi (Awutu-Senya has just been declared a title registration district to pilot systematic rural titling under MiDA Project)
-Operates in nine regions of the country
-Through the Ghana Land Administration Project (LAP), a land registry has been established in eight regional capitals
-Operates in the Greater Accra Region and Kumasi (Awutu-Senya has just been declared a title registration district to pilot systematic rural titling under MiDA Project)
- Title Registration
-The authoritative adjudication and recording of the title to a piece of land
-Registration is by reference to the land itself and not the instruments affecting the land
-Title is state guaranteed
-Operates in the Greater Accra Region and Kumasi (Awutu-Senya has just been declared a title registration district to pilot systematic rural titling under MiDA Project)
-Registration is by reference to the land itself and not the instruments affecting the land
-Title is state guaranteed
-Operates in the Greater Accra Region and Kumasi (Awutu-Senya has just been declared a title registration district to pilot systematic rural titling under MiDA Project)
Even though the Law provides for a systematic approach to registration in practice it is sporadic- we therefore recommend the use of a competent real estate attorney on all land transfers.
- Foreigners Acquiring Land
There are no hard and fast rules and it is essentially no different from how any Ghanaian buys property in Ghana. It is crucial, though, that one seeks the services of a lawyer for this transaction in order for a proper due diligence as to title is conducted on his behalf. Foreigners are restricted in certain types of interest they can hold. A foreigner cannot hold a freehold interest in land or a lease exceeding 50 years. If a person who is not a Ghanaian buys a freehold interest in land it would be converted to a 50 year lease.
- Can I Be Certain of Clear Title?
Yes, but this requires a thorough search by the purchaser, which is why it is important to obtain a good lawyer to assist.
- What is the Role of the Real Estate Agent?
Real estate agents in Ghana find land or houses for prospective buyers and charge a fee for the services. Real estate agents in Ghana do not conduct due diligence to assure good title. This is why you must contact the best real estate agent to help you acquire a good title. This is when Westfields Real Estate comes in. Feel free to contact us. 00233288970080/00233208970080
- Why use a Qualified Property Attorney?
Ghana land tenure, even though settled, is fraught with problems. Land boundaries are not properly demarcated. Consequently, one could have instances where two or more stools may be claiming one parcel of land. If a purchaser does not get a qualified lawyer to do the proper due diligence, there is the possibility of buying a piece of disputed land from one feuding party only to have the other show up and claim the same land, thus landing you squarely in the middle of the dispute.
- Land Purchase Resources
Those who commonly assist in the land acquisition process include: real estate attorneys, real estate agents, real estate developers, Ghana Real Estate Developers Association, Ghana Investment and Promotion Centre, and the Chambers of Commerce.
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