The simple answer is “YES”! A foreigner can buy a property in Ghana. The laws of Ghana do not discriminate on who can own property in Ghana; Ghana welcomes foreigners' rights to buy and own property in Ghana. The Ghanaian law places restrictions only on the duration and type of interests a foreigner can have in the property. In Ghana, a Ghanaian can hold a lease for as long as he wants and a freehold interest in any land that does not constitute stool lands. Under the 1992 Constitution, foreigners cannot buy or hold leasehold interests exceeding fifty (50) years. Upon expiration of a lease, the term is renewed. For future generations not to lose access to the land when the lease expires, the owner of the land states in the transfer agreement that the lease is renewable. Generally speaking, any citizen or non-citizen with enough funds can invest in real estate and own houses in Ghana, subject to the limitations outlined above. This gives rights to foreigners to confidently buy and own property rights in Ghana.\
As a foreigner you can invest in Ghana’s Real estate industry; however, you must be thorough in your dealings. As a foreigner, it is crucial to discover who owns the land and whether it is mortgaged or owned outright. This information can be obtained by requesting a land search of the said land to be carried out by the Lands Commission of Ghana. First, request a certified copy of an indenture or cadastral plan for the land search from the seller. It provides pertinent technical parameters needed to facilitate a successful search. Information gathered from a search will include the location of the land, its size, topography, its type, who the rightful owner is, whether it is subject to a dispute or not, and whether residential uses are permitted. Land litigation accounts for about 80% of all cases in the Ghana high courts, so make sure to follow all due processes and get professional legal advice before you purchase any property. Taking this step will spare you years of court battles as well as reduce your risk of losing your money to unscrupulous real estate agents.
The worst nightmare of a foreigner is to lose your capital in a foreign land. In every country, you must carry out your due diligence before purchasing property. Another simple step will be to conduct a private land survey after you've done your search and draw a site plan to confirm that the size and boundaries of the property were accurately communicated. Instead of leaving the parameters to the seller, hire a surveyor yourself to eliminate doubt and falsification. This will also bring to light if the land is in a waterway or waterlogged location. Another piece of advice is to get an architect’s view about the land/building if the building and landscaping or modification can be tailored to suit your vision.
Although a foreigner can buy a property in Ghana, it is essential to keep in mind the land classification in the country as some land types are not available for private ownership. When buying land in Ghana, all fixtures and property are included.
It is important to note that every type of land or property has its own purchasing process governed by its own laws. As a foreign citizen, it is imperative to first determine what type of property you are planning to buy. In contrast to other countries, Ghana's properties are almost entirely owned by families and clans. Government-owned land is usually used for industrial and corporate purposes. Residential lands are rarely owned or sold by the government. Ghana has four types of land: family, private, customary, and government land. The four types of land are:
The vast majority of Ghanaian land is privately owned which is owned by individuals and private entities. Before the 1992 Constitution of Ghana came into force, customary land bequeathed or sold to individuals and private entities became private lands. Many of these are managed by an individual or entity without much government regulation, aside from land registration. To ensure that the land actually belongs to the individual or entity with whom you are transacting, it is crucial to request an investigation with the Lands Commission of Ghana before you buy a piece of land.
A family-owned plot of land falls into this category. A family head oversees the administration of family land with the assistance of family leaders. You ought to ensure that your land acquisitions originate from an authentic head of the family which owns the property. Any foreigner who desires to buy such property must ensure from older members of the family who can confirm they are dealing with the family head and that they are authorized to administer the land on their behalf. You could avoid years of litigation and financial losses by taking such precautions.
Most often, government-owned land is acquired from traditional leaders and individuals for developmental purposes. In some cases, the government partners with landowners rather than acquiring the land outright. These lands are known as Vested Lands or State Lands. Normally, it's not for sale to the public. There are exceptions, however, and when vested land becomes available for sale, foreigners who wish to buy such property must submit an application with the Executive Secretary of Lands Commission or the Regional Lands Officer.
Finally, Customary Land is owned by the traditional leaders of an area, generally under the supervision of the chief over that area or community. The authority to decide which parties are allowed to purchase land, and at what price, lies with them. Also, their communities benefit from this land as it is available for development projects at will. Foreigners may also explore this form of land purchase. You may secure a piece of customary or stool land that involves direct interaction with the traditional leaders or the chief of the area where the land is situated.
The information above can give you a head start, however, for foreign investors, this process maybe a little more complicated and overwhelming. It’s best to save yourself the stress and buy land straight from trusted real estate agents or real estate developers and make sure they are registered with the Ghana Real Estate Developers Association (GREDA). They are far more professional and most of the steps above will be skipped making the process as seamless as it should be for every foreign investor with the purchasing power.
Land developers purchase large amounts of land, finish the complicated processes associated with land acquisition, and then resell the lands to individuals using simpler processes. These real estate developers build and sell luxury and affordable homes, apartments within gated communities mostly in the most secured and developed location in Ghana. In fact, most developers in Ghana specifically build properties targeting foreigners.
Count on their services to save you from the stress, time, and litigation involved with buying property. While their services may seem costly, they make it well worth every penny. Buying property from a real estate company like Devtraco Plus ensures safe and comfortable living conditions as well as accessibility to services.
Developers like Devtraco Plus have created a distinct niche in the global real estate industry by offering their exclusive premium quality housing units in prestigious areas of Ghana. All of our developments have a signature style, featuring elegant finishes built with high-quality materials that reflect our dedication to quality. Foreigners looking to buy a property in Ghana can contact our qualified staff to help find the right property. You may book an enquiry discovery via our online portal or call us on 0270000004.