IOC Law / Africa Intelligence / Ghana
Property and Business Premises in Ghana
Non-Ghanaians cannot hold freehold land. A foreign leasehold interest is generally limited to 50 years at a time. The Land Act 2020 does not imply renewal for a non-Ghanaian, so any renewal mechanism should be express.
Title diligence should establish the grantor’s interest and capacity, Lands Commission records, site plan, survey and boundaries, stool, state or private history, mortgages and encumbrances, litigation, compulsory acquisition, access and occupation. Physical inspection should be reconciled with title records.
Confirm zoning, permitted use, building and occupation approvals, environmental status, fire requirements, utilities and sector-licence suitability. A valid lease is not enough if the intended factory, clinic, warehouse or retail activity is prohibited at the site.
The lease should cover term, renewal, rent review, service charge, tax, insurance, repair, alterations, signage, security, utilities, assignment, subletting, group transfers, change of control, reinstatement and exit. Make a material lease conditional on satisfactory title and critical approvals. Where fit-out is required, allocate design, consent, delay, contractor and ownership of improvements.
Buying or leasing should be assessed on the full lifecycle cost and investment horizon. Do not pay a non-refundable premium or begin construction before the land right, planning, environmental, utility and sector conditions support the project.