The National President of the Local Government Service Association of Physical Planners (LoGSAPP), Mrs Gifty Nyarko, has called for strict enforcement of Ghana’s land-use planning laws to prevent development in flood-prone and environmentally sensitive areas.
She said consistent application of the Land Use and Spatial Planning Act, 2016 (Act 925), particularly Section 97(3), could help address the haphazard development patterns that continue to worsen flooding in communities across the country.
Section 97(3) of the Act requires an application for the registration of title to land to be accompanied by a Land Use Certificate.
Mrs Nyarko, who is also Head of the Physical Planning Department of the Nkoranza South Municipal Assembly, said the certificate was an important statutory planning document that confirmed whether a parcel of land conformed to an approved Structure Plan, Local Plan or previously approved layout.
She explained that the requirement was intended to ensure that land ownership registration was aligned with orderly spatial planning and sustainable development.
“No Land Use Certificate from Metropolitan, Municipal or District Assembly then no title registration,” she said.
Speaking to the Ghana News Agency (GNA) in Sunyani, Mrs Nyarko urged the Lands Commission to strictly apply the law before processing applications for land title registration.
“The Lands Commission must ensure that no application for the registration of title to land is processed unless it is accompanied by a valid Land Use Certificate, as required by the law,” she stated.
According to her, enforcing the requirement would help prevent the registration of land that had been unlawfully allocated for development in wetlands, waterways, floodplains, public open spaces, road reservations, utility corridors and other protected areas.
Mrs Nyarko, who is also Executive Director of the African Centre for Urban Resilience Planning and Inclusive Governance (ACURPIG), said the recurring flood disasters in the country made strict land-use enforcement particularly urgent.
She noted that many prospective land buyers focused primarily on confirming ownership at the Lands Commission, while overlooking the separate issue of whether the land was suitable for the intended development.
“Ownership and land use planning are distinct legal matters,” she said.
Mrs Nyarko explained that while the Lands Commission was responsible for land registration and title administration, Metropolitan, Municipal and District Assemblies were responsible for determining whether land conformed to approved local plans and intended land-use purposes.
She therefore called on MMDAs to ensure that development permits were issued strictly in accordance with the Land Use and Spatial Planning Act.
She said stronger coordination between the Lands Commission and local planning authorities was necessary to prevent the formal registration and development of land that posed risks to lives, property and the environment.
Mrs Nyarko maintained that strict enforcement of existing planning laws, rather than the creation of new regulations alone, was critical to improving spatial planning and reducing the impact of recurring floods in Ghana.
