LAND USEL AanNdD U sSeP aAnTdI SApLa tPiaLl APlNanNnIiNngG A ActC, 2T0,1 26016 Act 925 ARRANGEMENT OF SECTIONS Section Application 1. Application The Planning System Planning at National Level 2. Establishment of the Land Use and Spatial Planning Authority 3. Objects of the Authority 4. Functions of the Authority The Board of the Authority 5. Board of the Authority 6. Responsibilities of the Board 7. Tenure of office of the Board 8. Meetings of the Board 9. Establishment of committees 10. Disclosure of interest 11. Allowances 12. Ministerial directives 13. Divisions and Units of the Authority 14. Chief Executive Officer of the Authority Finances of the Authority 15. Finances of the Authority 16. Additional resources 17. Accounts and audit 18. Financial year 19. Annual reports 20. Control of finances and internal audit Land Use and Spatial Planning Development Fund 21. Establishment of the Fund 22. Object of the Fund 23. Sources of money for the Fund 24. Management of the Fund 25. Reporting to Parliament 1 Act 925 LANDL UanSdE U AseN aDnd S SPpAaTtiIaAl LPl aPnLnAinNg NAIcNt, G20 1A6CT, 2016 Planning at Regional Level 26. Regional Spatial Planning Committee 27. Membership of Regional Spatial Planning Committee 28. Functions of the Regional Spatial Planning Committee 29. Rules affecting the Regional Spatial Planning Committee 30. Regional Spatial Planning Committee and Regional Coordinating Councils 31. The Secretariat of the Regional Spatial Planning Committee Planning at the District Level 32. Spatial planning in districts 33. Establishment of Districts as Planning Authorities 34. District Planning Authority and its functions 35. Delegation of functions 36. Decisions of the District Assemblies and responsibility 37. District Spatial Planning Committee 38. Functions of the District Spatial Planning Committee 39. Technical Sub-Committee 40. Functions of the Technical Sub-Committee 41. Meetings 42. The Secretariat of the District Spatial Planning Committee Joint and Multi District Issues 43. Creation of Joint District Planning Entities by Regional Coordi- nating Council 44. Joint Statutory Technical Sub-Committees Planning Area and Levels of Planning 45. Planning area 46. Spatial development frameworks, structure and local plans 47. Public Data Room National or Sub-National Spatial Development Framework 48. Preparation of National or Sub-National Spatial Development Framework 2 LAND USEL AanNdD U SseP AanTdI ASpLa tPiaLl APNlaNnnIiNnGg A ActC, T20, 126016 Act 925 49. Object of National Spatial Development Framework 50. Contents of the National or Sub-National Spatial Development 51. Notification of President’s approval Regional Spatial Development Framework 52. Preparation of Regional Spatial Development Framework 53. Object of Regional Spatial Development Framework 54. Content of Regional Spatial Development Framework 55. Notification District Spatial Development Framework 56. Spatial component of district development plans 57. Preparation of District Spatial Development Framework 58. Object of the District Spatial Development Framework 59. Content of District Spatial Development Framework 60. Effect of a joint framework 61. Compliance with District Spatial Development Framework Structure Plans 62. Time for the preparation of structure plans 63. Object and scope of structure plan 64. Sub-urban structure plan 65. Responsibility for structure plan 66. Public notice of draft structure plan 67. Approval of structure plan 68. Procedure for approval of structure plan 69. Revision of approved structure plan 70. Effect of an approved structure plan 71. Amendment of zoning schemes pursuant to approved structure plan Local Plans and Street Addressing System 72. Local plan 73. Object and scope of local plan 74. Responsibility for local plan 3 Act 925 LAND LUaSnEd AUNse Dan SdP SApTaItiAaLl P PlaLnAniNngN AINctG, 2 A01C6T, 2016 75. Public notice of draft local plan 76. Approval of local plan 77. Local plan to conform to structure plan 78. Local plan pending structure plan 79. Effect of an approved local plan 80. Enforcement of local plan 81. Procedure where local plan conforms to structure plan 82. Post-approval requirement 83. Street Addressing System Zoning Schemes and Matters Related to Zoning 84. Enforcement of zoning schemes pursuant to structure plan 85. Zoning scheme pending approved structure plan 86. Failure to prepare a zoning scheme 87. Effect of approval of zoning scheme 88. Adoption of a zoning scheme 89. Interpretation of sections 72 to 88 90. Conflict with provisions of other laws 91. Register of zoning schemes 92. Publication of zoning scheme or local plan 93. Application for change of use or request for re-zoning 94. Change of use or zoning by District Assemblies 95. Existing use rights 96. Provisions affecting acquisition or the occupation of land generally 97. Land Use Certificate 98. Land situated in multiple districts 99. Complaints of non-compliance 100. Rectification of scheme regulations and provisions 101. Participation in ensuring conformity with zoning 102. Contravention of zoning scheme Provisions Relating to Blight 103. Criteria on blighted areas 4 LAND USEL aAnNd DU sSe PaAndT ISApLat iPalL PAlaNnNniInNgG A cAt,C 2T0,1 62016 Act 925 Compensation and Betterment 104. Provisions as to compensation 105. Loss pursuant to accrued rights 106. Claims for compensation 107. Compensation for detrimental effect after change in land use 108. Institution of claim for compensation 109. Elimination and limitation of compensation in certain cases 110. Compensation due 111. Recovery of betterment 112. Determination of claim for compensation Decentralised Planning System and the General Planning Functions of District Assemblies 113. Permits 114. Certification of plans of special buildings 115. Revocation of development permit or imposition of additional conditions 116. Fee for permit 117. Prohibition of development without permit 118. Unauthorised development 119. Execution of district and spatial development permit 120. Abatement of nuisance 121. Unauthorised development of right of space of community Buildings 122. Building Regulations, building code and building by-laws Physical Planning Standards and Development Guidelines 123. Guidelines and standards 124. Regulatory notices and circulars Provisions Relating to the Issue of Regulatory Notices and Circulars in Respect of Plans and Land Use 125. Matters relating to regulatory notices 5 Act 925 LAND LUaSnEd AUNse Dan SdP SApTaItiAaLl P PlaLnAniNngN AINctG, 2 A01C6T, 2016 Spatial Planning Matters Related to Towns, Localities, Special Development Areas and Related Matters 126. Continuation of towns, establishment of new town or extension of existing town 127. Housing scheme and private town 128. Extension of a town 129. Extension of a town by a private entity 130. Information to Regional Spatial Planning Committee 131. Conflicting application 132. Failure to comply with conditions 133. Survey in case of establishment or extension 134. Ownership of public space 135. Guidelines on private town 136. Information to Lands Commission for the prohibition of sale 137. Alteration, amendment or cancellation pursuant to complaint 138. Extension of boundaries of approved town or approved extension Physical Planning Matters Related to the Subdivision or Consolidation of Land 139. Application for subdivision or consolidation 140. Unique parcel number 141. Consideration of application for subdivision or consolidation 142. Granting or refusal of application for subdivision or consolidation 143. Condition for subdivision or consolidation 144. Conveyance of consolidated or subdivided land 145. Ownership and use of public space 146. Endorsement by the Lands Commission 147. False or misleading information Preventive and Enforcement Measures 148. Compliance with this Act 149. Offences and penalties 150. Preventive measures 151. Outsourcing of enforcement 152. Register of enforcement notices 6 LAND USEL aAndN DUs eS PaAndT ISApaLt iaPlL PAlaNnNniInNgG A cAt, C2T01, 62016 Act 925 153. Enforcement and penalties 154. Institutional coordination 155. Continuous monitoring 156. Appeal to Authority 157. Intervention of the Court Methods of Enforcement 158. Planning and Building Inspectorate Unit 159. Functions of planning and building inspector 160. Enforcement procedures 161. Certificate of habitation Special Controls 162. Control of specific matters 163. Rectification of contradiction 164. Right of entry to premises 165. Immunity of officer from liability 166. Penalty for obstruction 167. Acquisition of land Complaints, Appeals and Review Process 168. Right to review 169. Suspension of planning process 170. Record of all decisions 171. Time for complaints 172. Appeal process General Provisions 173. Conduct of public officials and their representatives 174. Public consultation 175. Public participation 176. Records 177. Public records 178. Power to obtain information 179. Confidentiality and prohibition of disclosure of information 180. Provision of information by District Assembly to Authority 7 Act 925 LAND LUaSnEd AUNse Dan SdP SApTaItiAaLl P PlaLnAniNngN AINctG, 2 A01C6T, 2016 181. General offences 182. Inter-sectoral collaboration for effective planning 183. Register and index of notices 184. Effect of notice 185. Levels of operation of the Authority 186. Implementation of planning system 187. Form of regulatory notices and circulars Regional and District Guidelines 188. Regional and district guidelines 189. Furnishing of comment and information 190. Immunity of officer of the Authority or the Regional Coordinating Council from liability 191. By-laws 192. Application of Act to public entities 193. Scope of the planning decisions by the court 194. Requirement for the regular collection of development and land use data 195. Promotion and regulation of the practice of planning 196. Exercise of Spatial Planning functions by District Assemblies Miscellaneous 197. Regulations, guidelines, manuals and detailed instructions 198. Interpretation 199. Repeals and savings 200. Transitional provisions SCHEDULE 8 Land Use and Spatial Planning Act, 2016 Act 925 REPUBLIC OF GHANA THE NINE HUNDRED AND TWENTY-FIFTH ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED LAND USE AND SPATIAL PLANNING ACT, 2016 AN ACT to revise and consolidate the laws on land use and spatial planning, provide for sustainable development of land and human settlements through a decentralised planning system, ensure judicious use of land in order to improve quality of life, promote health and safety in respect of human settlements and to regulate national, regional, district and local spatial planning, and generally to provide for spatial aspects of socio economic development and for related matters. DATE OF ASSENT: 14th September, 2016. PASSED by Parliament and assented to by the President: Application Application 1. (1) This Act applies to (a) public institutions and private institutions which are responsible for human settlement, spatial planning and use of land; (b) a person who is responsible for 9 Act 925 Land Use and Spatial Planning Act, 2016 (i) the development of land; (ii) the development of an area; (iii) national spatial planning matters; (iv) planning matters related to a region, a district, part of a district or a defined area; (v) spatial development framework, structure plans, local plans, joint development schemes; and (vi) formulating zoning regulations, planning standards and processing of land use permit; (c) sub-divisions of land for purposes of development; (d) the creation and delineation of districts, special towns and special development, special planning areas or any matter relating to the spatial planning or development control function; (e) the development of land by private institutions or public institutions including physical development by entities which are exempted from planning permit compliance procedures; (f) spatial planning and physical development issues related to preparation of plans including (i) national spatial development plans; (ii) regional spatial development plans which comprise among others the co-ordination of the spatial aspects of district development plans where applicable; (iii) district spatial development plans; (iv) joint spatial development plans; (v) special spatial development plans; and (vi) the division of Ghana or parts of Ghana into spatial planning districts; and (g) matters related to land use including enforcement, appeals, complaints and administrative processes as connected to land use within the country. 10