In Accra, “Remove by AMA” painted in red on a half-built wall means one thing: somebody built without a permit, or where nobody should build at all. It happens to thousands of people, most of whom thought the permit was paperwork they could sort out later.
The law
The Land Use and Spatial Planning Act, 2016 (Act 925) says nobody may carry out physical development without a development permit. In practice that means a building permit from the district assembly where the land is - in Accra, one of the Greater Accra assemblies, such as the Accra Metropolitan Assembly, La Dade-Kotopon or Ga East.
You need one to build a new house, add a storey or an extension, build a boundary wall in many areas, or change a building’s use - a house into a shop, say.
Before you apply: is the land buildable?
The permit is refused - or the building later demolished - most often because of the land, not the drawings:
- Waterways and wetlands. Building on a drain, a stream’s buffer or a wetland is the main cause of demolition in Accra, and of the city’s floods.
- Road reservations and land set aside for utilities.
- Zoning. The area may be zoned for something else.
- A disputed or unregistered title.
Ask the assembly’s physical planning department about the plot before you buy it if you can. A plot that cannot get a permit is not worth its price.
What you usually need
Each assembly sets its own list and forms, so get it from the assembly first. Expect:
- The application form, from the assembly or its online portal where it has one.
- Proof of title - your lease, indenture or land certificate - and a site plan from a licensed surveyor.
- Architectural drawings by a qualified architect or draughtsman.
- Structural drawings and calculations for anything above a single storey, signed by an engineer.
- Your Ghana Card and, often, a TIN.
- Other clearances for some buildings - from the Fire Service, the Environmental Protection Authority, or the civil aviation authorities near the airport.
- The fee, which is set by each assembly.
How long it should take
An assembly should give a decision within 90 days of receiving a complete application, where there is no problem with the land. In practice many take longer. Keep the receipt for your application and follow up in writing.
Do not start building while you wait. A building started before the permit is granted is unauthorised.
Building without one
An assembly can stop the work, fine you, and order the building demolished, and Act 925 gives it the power to enforce. The risk is highest on land that should never have been built on, and an assembly will demolish there whatever was spent.
Two more costs people forget:
- A building without a permit is hard to sell, mortgage or insure. A buyer’s lawyer and a lender both ask for it.
- Paying an official “to fix it” is not a permit. Get the permit itself, and check it is entered in the assembly’s records.
While you build
- Keep the permit and the approved drawings on the site.
- Build what was approved. Adding a storey later needs a fresh permit.
- Inspectors may visit at stages; let them.