Abstract
Zoning regulation is considered as a tool used by government to control developments to ensure sustainability. In Ghana where about 80% of lands are held under customary land tenure systems, implementation of residential standards, which is a government function may conflict with customary norms of holding land. This paper uses case study to examine the implementation of residential policies and enforcement of residential standards in areas under customary land tenure in Ghana and if these policies and standards affect the enjoyment of land rights in the context of customary land tenure. Results showed that non-compliance to residential standards and non-conformity to the local plan has minimal interference on enjoyment of land rights. Residents are ignorant of the details of the residential standards and have never seen a zoning regulations document. There is also low level of monitoring and enforcement. Spatial analysis reveals four main types of non-conformity between orthophoto and local plans i) discrepancies in the orientation of the parcel boundaries, ii) discrepancies in the shapes of plot boundaries, iii) houses constructed on the plot boundary or straddle parcel boundaries, and iii) differences in plot sizes. Results suggest the need for planning authority to use efficient approaches such as GIS and UAV’s to communicate, monitor and enforce the residential standards. It is concluded that collaboration between customary land authorities and the Municipality during the allocation and development of plots may improve spatial conformity between orthophoto and the local plans.
Highlights
Land tenure systems are set by the laws governing land in a country
Factors influencing compliance The study found out that lack of awareness of the zoning standards contribute to the noncompliance by land right holders
This study shows that the problem of non-compliance is exacerbated in the context of customary land tenure, where the customary land owners are concerned about earning rent rather than implementation of the zoning standards
Summary
Land tenure systems are set by the laws governing land in a country. This can be statutory, common law or customary. Most peri-urban areas in sub Saharan Africa operate in a pluralist environment where statues and customary laws, government and indigenous institutions, traditional norms and corporate values run parallel. Ghana has a dual system where statutory and customary land tenure systems run parallel in urban, peri-urban and rural areas. Customary lands are managed by chiefs, skin and family heads in trust for the people. This implies that, while access to land is controlled by customary custodians, management through planning comes from the District Assemblies. The mode of land alienation and tenure system can have implications for planning
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