The law behind a Ghana property purchase, and what changed in 2026

Most of the risk in a Ghanaian property purchase is legal rather than structural. The rules are public, though they are spread across several statutes and regulators. We read the acts themselves and the regulators' own publications; each is listed at the end. This is a guide to the questions to ask, not legal advice. Your own lawyer should check every point against your contract.

The Land Act, 2020

The Land Act (Act 1036) is the one to know. Three provisions matter most to buyers. First, a conveyance may only be prepared by a lawyer, and a contract for land is unenforceable unless it is written and signed. A receipt and a handshake transfer nothing.

Second, section 10 limits what non-citizens can hold. A non-citizen cannot be granted a freehold, and a lease to a non-citizen cannot exceed 50 years at any one time. A company counts as a non-citizen if more than 40% of its equity is held by non-citizens, and marrying or partnering a Ghanaian does not lift the limit. If you are buying from abroad on a foreign passport, check the lease term on the title before anything else.

Third, section 47 requires written spousal consent before land acquired during a marriage is sold, mortgaged or leased. Ask whether the seller is married, and if so, ask for the consent.

The act also targets land guards. Section 12 makes it an offence to use force, extortion or obstruction to control someone else's land, with prison terms of five to fifteen years. And it provides for electronic conveyancing through the Lands Commission, carried out by lawyers the Commission has given access, so a growing share of searches and transfers can be checked online.

The Real Estate Agency Act, 2020

The second act governs brokers and agents. Under the Real Estate Agency Act (Act 1047), advertising or acting as an agent without a licence from the Real Estate Agency Council is an offence. Agents may not take cash: payment must be by bank transfer, cheque, bank draft or e-money, into a client account kept separate from the agent's own. A sale or a tenancy of a year or more is not complete until the parties receive a Real Estate Transaction Certificate.

Enforcement is still building. On 3 October the Council's website listed 202 licences in total, covering 147 brokers, 32 agents and 22 firms. In May a Council board member told the Ghana News Agency that inspections of unlicensed operators would increase, and that banks now ask for a Council licence before opening accounts for real estate firms. The regulations that will fill in the detail of the act are still being drafted. In practice: ask your agent for their licence number, and do not pay anyone in cash.

VAT from 1 January 2026

The VAT Act, 2025 (Act 1151) came into force on 1 January. According to Crowe Ghana's summary, it abolishes the 5% flat-rate scheme and the 1% COVID levy, and folds the NHIL and GETFund levies back into the VAT base. The standard rate stays at 15%, and the combined effective rate comes to roughly 20%. How that applies to a particular sale depends on the seller's VAT position. Before you sign, ask a developer in writing whether the price includes VAT and at what rate.

Rents and dollar pricing

Under the Rent Act, 1963, demanding more than six months' rent in advance is an offence. The acting Rent Commissioner, Frederick Opoku, announced a nationwide enforcement drive in June, along with plans for landlord registration, an anonymous reporting line and dedicated rent courts. Reports of the penalty differ, so check the current figure with the Rent Control Department.

Separately, a Bank of Ghana notice from 2022 bars pricing, advertising or taking payment for goods and services in foreign currency without the Bank's authorisation. In May the Rent Commissioner said he had met the Bank to curb dollar-denominated rents, and that he wants the Rent Act amended by the end of 2026. Many homes, including many on our catalogue, are still marketed in dollars. Ask how payment will actually be taken, in which currency and at whose exchange rate, and get the answer into the contract.