Prof Gyan urges homebuilders to seek professional advice, obtain permits

Legal practitioner Professor Kwame Gyan has urged prospective homeowners to engage qualified built-environment professionals and obtain all necessary permits before beginning construction.

He said relying solely on a draftsman or proceeding with construction without proper professional advice could expose homeowners to legal, safety and financial risks.

Speaking on Joy FM’s Super Morning Show on Friday, September 11, during a discussion on how people can start small and work towards owning their dream homes, Prof Gyan said Ghana’s building laws and standards require strict compliance.

“To be on the safe side, I strongly recommend that anyone who is trying to build must engage the services of a professional.”

Prof Gyan, a legal expert and academic specialising in land law, immovable property and natural resources law, said qualified built-environment professionals are trained to guide homeowners through the planning and construction process.

“The built environment professionals, they are trained in this area,” he said.

Building permit is mandatory

Prof Gyan stressed that obtaining a building permit is a legal requirement and not an optional step for prospective homeowners.

“You have to, one, apply for the permit to build,” he said.

He cited the Local Governance Act, 2016 (Act 936), saying the law prohibits the construction of buildings without the required permit.

“If you look at our Local Governance Act of 2016, Act 936, you cannot build without a permit,” he said.

He added that the requirement for proper planning and approval of land use was not a recent development.

According to him, Article 267(3) of the 1992 Constitution also contains provisions relating to the use of certain lands and requires certification that a proposed use is consistent with an approved development plan.

“If we were compliant, we wouldn't have issues in this country,” Prof Gyan said.

Fire safety must be considered

Beyond obtaining a building permit, Prof Gyan said homeowners must also secure the necessary fire permit and ensure that their buildings are designed to provide safe escape routes in the event of a fire.

“You need a fire permit,” he said.

He said buildings must be designed to allow occupants to evacuate safely in the event of a fire outbreak.

“The building must be designed so as to be able to provide for easy escape in the event there is a fire outbreak,” he said.

Prof Gyan expressed concern about buildings where poor design and non-compliance with construction standards could leave occupants trapped during emergencies.

“You know, some of our buildings, the way they are built, if there is a fire outbreak, you can't escape,” he said.

He attributed the problem partly to the failure of some developers to adhere to established construction standards.

“Because nobody is building according to the standards,” he added.

Consider energy efficiency from the design stage

Prof Gyan also drew attention to Ghana Standard 1207 of 2018, which he said covers several building requirements, including energy efficiency.

“There is what we call the Ghana Standard 1207 of 2018. It covers a lot of standards, including, for example, energy efficiency,” he said.

He said homeowners should consider energy efficiency from the design stage rather than treating it as an afterthought.

According to him, buildings are expected to meet applicable energy-efficiency requirements, particularly as Ghana seeks to reduce energy consumption and associated costs.

“Your building must pass energy efficiency tests,” he said.

Prof Gyan said homeowners should therefore ensure that their buildings comply with relevant energy standards as part of efforts to make them safer, more efficient and environmentally sustainable.

“If you are building, and it is not energy compliant, it is not a green, friendly building,” he said.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.