Comply with Land Use and Spatial Planning Act - Lands Commission advised 

The Head of the Physical Planning Department of the Sunyani West Municipal Assembly, Gifty Nyarko, has advised the Lands Commission to strictly adhere to the Land Use and Spatial Planning Act, 2016 (Act 925) in granting lease in order to prevent haphazard developments.

She said it was completely unacceptable and dangerous for the Commission to register lease or title documentation without Land Use Certificate, since it was one of the major legal requirements.

"It is unlawful to operate on land without first obtaining a land use certificate," she said.

Ms Nyarko told Graphic Online that the adherence to the Act would ensure sustainable development of land use and human settlement.

Crucial, compliance

She said the compliance of the Act was crucial also because it ensured judicious use of land and prevented high incidence of land non-conformity to local plans.

Ms Nyarko urged the public, including state and private institutions responsible for the development of lands and human settlements to ensure full compliance of the Act to avoid sanctions. 

She said it was a requirement that a person disposing of land attached evidence of the approved land use to the instrument of transfer or conveyance of the land to the person who was acquiring the land.

Ms Nyarko explained that it was a must that an application for registration of title to a land be accompanied with a land use certificate.

She said it was wrong to enter into agreement or lease any land which did not have evidence of certificate.

Punishment 

Ms Nyarko added that a person or entity who committed an offence under the Act could be convicted or fine for not less than 3,000 penalty units and not more than 5,000 penalty units or imprisonment of not less than five years and not more than seven years or both.

She again said a person or entity who acquired a land without evidence of the certificate was also liable to a fine of not less than 1,000 penalty units and not more than 3,000 penalty units or to a term of imprisonment of not less than four years and not more than six years or to both.

Ms Nyarko said in granting a permit for physical development, assemblies were required to attach the appropriate certificate to the permit as stated in the Act.

She said the certificate must always be attached to the site plan and duly authenticated by the District Director of the Physical Planning Department, who would be held liable for any lapses. 

Demand certificate 

Ms Nyarko urged the public to always demand the certificate from the assemblies as requirement for title processing and disposal of land for any purpose. 

She advised the Metropolitan, Municipal and District Assemblies (MMDAs) to also comply with the provisions when granting permit.