Legal and Regulatory Framework for VES Practice in Ghana
Cont’d
•
the existing law;
•
the common law
•
Clause (2) The common law of Ghana shall
comprise the rules of law generally known as the
common law, the rules generally known as the
doctrines of equity and the rules of customary law
including those determined by the Superior Court
of Judicature
Cont’d
•
Article 21 (1) (e)
•
Freedom of association, which shall include
freedom to form trade unions of other associations,
national and international, for the protection of
their interest,
•
Gh.I.S
•
VES
•
RICS
Professional Bodies Registration Act 1973,
NRCD 143
•
An act to regulate the operation of professional
bodies and to provide for related matters.
Practice Areas of Valuation and Estate
Surveying Division
•
Estate & Facilities Area
•
Real Estate Finance and Valuation
•
Land Administration and Management
•
Estate Brokerage and Housing
•
Land Use Planning and Environment
Estate & Facilities Area
The Law governing this Practice Area generally;
Contracts Act 1960 (Act 25)
Land Act 2020 (Act 1036)
Law of Tort (Common Law) particularly negligence and other
tortious actions
Cont’d
•
Contracts Act 1960 (Act 25)
•
AN ACT to amend the law of contracts and to replace certain
imperial enactments.
•
Parties
•
Offer
•
Acceptance
•
Consideration
•
Discharge
•
Breach
Cont’d
•
Land Act 2020 (Act 1036)
•
Section 6 Interest in Land
•
Section 50 Covenants
•
Section 57 Re-entry
Continental Tyre Limited Vrs. Ghana Ports and
Harbour Limited 2. James Ben Gaise 3. Richard Deih
Suit No. OCC/45/09 High Court Commercial
Division
Cont’d
•
1.
Declaration that the Defendants’ refusal to
accept payment of rent arrears by the Plaintiff is
in breach of section 29 of the Conveyance Act,
1973 (NRCD176).
•
2.
Relief against forfeiture upon such terms as
may be just and equitable.
•
3.
An injunction restraining the Defendants from
re-entering or re-possessing the demised
premises; and
Cont’d
•
We made them parties to the action, in the first
place the original demand notice came from the
2nd Defendant office so when we tendered the rent
arrears as well as the rent advance the secretary
received it stamped as having received the cheques
as well as the letter on the same day. The system is
that after you have received you have to send it to
the cashier to process the payment. But when we
went to the cashier the cashier said that he has
………………………………’’
•
Real Estate Finance and Valuation
•
Stamp Duty Act 2005 (Act 689)
•
Land (Statutory Wayleaves) Act 1963 (Act 186)
•
Administration of Estates Act
•
Land Act 2020 (Act 1036)
•
The 1992 Constitution
•
Internal Revenue Service Act 1986 P.N.D.C.L 143
•
High Court Civil Procedure Rules Order 66
Stamp Duty Act 2005 (Act 689)
•
Assessment of duty
•
The Commissioner shall assess the duties payable
on an instrument required to be stamped under this
Act.
•
“Commissioner” means the Commissioner of
Internal Revenue appointed under section 8 of the
Internal Revenue Service Act, 1986;2(8
Cont’d
•
CI 47
•
modifications as may be necessary. Rule 9—(3)
The applicant shall make a declaration of the value
of the property of the deceased and the Court shall
as correctly as the circumstances allow ascertain
the value.
Land (Statutory wayleaves Act 1963
(Act 186)
•
6. Compensation
•
(1) Where a person suffers a loss or damages as a result of the
carrying out of a survey under this Act or as a result of the
installation, construction, inspection, maintenance, replacement or
removal of a
•
specified work that person is entitled, except where the loss or
damage resulted from or arose out of the acts of that person, the
servants or the agents, of that person and subject to this section, to
compensation of an amount assessed by the Minister in respect of
the loss or damage.
•
(2) In assessing the compensation the Minister may take into account
a reduction of an amount by which a person’s land has increased in
value as a result of the installation or construction of the work.
Administration of Estates Act 1961 (Act 63) &
Interstate Succession Law PNDCL 111
•
A
c
t
6
3
S
e
c
t
i
o
n
7
1
—
D
i
s
t
r
e
s
s
f
o
r
R
e
n
t
.
•
(1) A personal representative may distrain upon land for arrears
of rent due or accruing to the deceased in like manner as the
deceased might have done had he been living
•
Section 5 of PNDCL 111 Where the intestate is survived by a
spouse and child the residue of the estate shall devolve in the
following manner: (a) three-sixteenth to the surviving spouse; (b)
nine-sixteenth to the surviving child; (c) one-eighth to the
surviving parent; (d) one-eighth in accordance with customary
law: Provided that where there is a child who is a minor
undergoing educational training, reasonable Consolidated
Statutes of Ghana 3 W provision shall be made for the child
before distribution.
Land Act 2020 (Act 1036)
•
Section 50 (9-18)
•
Implied covenants by transferor – Renewal
•
Section 165
•
An instrument required by an enactment to be stamped
shall not be accepted for registration if the the
instrument is not duly stamped
•
Section 233
•
Power of state to compulsorily acquire land for public
purposes
•
Land Administration and Management
•
Constitution Articles 20, 38, 259, 261, 266 & 267
•
Land Act 2020 (Act 1036)
•
Lands Commission Act 2008 (Act 767)
1992 Constitution Of Ghana
•
Article 259 Membership of National Lands
Commission
•
(b) (iii) One representative each of the following
bodies nominated in each case by the body
concerned “Ghana Institution of Surveyors)
•
Article 261 Membership of Regional Lands
Commission
•
(b) (iii) One representative each of the following
bodies nominated in each case by the body
concerned “Ghana Institution of Surveyors)
Land Act 2020 (Act 1036)
•
Section 13- 22 Customary Land Management
•
Settlement of Disputes, Customary Land
Secretariats, charge fees,
•
255 Basis of assessment of compensation
•
Market value
•
Subsection (3) , (6) “the valuer” “appropriate
method”
Lands Commission Act 2008 (Act 767)
•
Section 10 (3)
•
There shall be no disposition or development of
any stool land unless the Regional Lands
Commission of the Region in which the land is
situated has certified that the disposition or
development is consistent with the development
plan drawn up by the planning authority in the area.
Estate Brokerage and Housing
•
Real Estate Agency Act 2020 (act 1047)
•
Anti Money Laundering Act 2020 (act 1044)
Real Estate Agency Act 2020
Act 1047
•
Section 5 Rep of Gh.I.S on the Council
•
Section 24 The board may issue licence to a person if the
person (b) is a valuation and estate surveyor registered by
the Ghana Institution of Surveyors or is a lawyer licenced
by the Gneral Legal Council to practice as a lawyer
•
Section 44
•
A real estate broker shall , in relation to each real estate
transaction prepare or casue to be prepared as appropriate
a sales and purchase agreement or a lease agreement and
give the seler and the buyer or the lessor and lessee a copy
each of the agreement
Anti Money Laundering Act 2020 (act 1044)
•
Section 48
•
Offences of non compliance with provisions such
as keeping records, conducts transactions in a
manner to avoid reporting, evasion of tax
Land Use Planning and Environment
•
Land Use and Spatial Planning Act 2006 (Act 925)
•
Building Regulations LI 1630
•
Land Act 2020 (Act 1036) Section 117
•
Local Governance Act 2016 (Act 936)
Land Law & Legal Education;
•
Legal Profession Act 1960 (Act 32)
•
Land Act 2020 (Act 1036)
•
Lands Commission Act (Act 767)
•
Companies Act 2016 (Act 992)
Legal Profession Act 1960 (Act 32)
•
44. Preparation of legal documents
•
(1) A person who is not a lawyer shall not directly or
indirectly for or in expectation of a fee, gain or reward draw
or prepare a legal document.
•
(2) A person who contravenes subsection (1) commits an
offence and is liable on summary conviction to a fine of one
hundred penalty units.
•
46. Savings for public officers and engrossing
•
Sections 43, 44, and 45 do not apply to a public officer
drawing or preparing a legal document in the course of duty
nor to the mere engrossing of a document.
Land Act 2020 (Act 1036)
•
Section 33
•
A conveyancing shall only be prepared by a legal
practitioner in terms of the Legal Profession Act 1960
(Act 32)
•
Section 76
•
A legal practitioner may be granted access to provide
electronic conveyancing service if the Lands
Commission is satisfied that the applicant has the
facilities and equipment required to provide the service.
Lands Commission Act (Act 767)
•
29 (2) the solicitor secretary shall be the secretary
to the Commission and shall subject to the
directions of the Chief Executive Officer, arrange
the business and arrange to be recorded and kept
minutes of meetings of the Commission.
Companies Act 2016 (Act 992)
•
The
directors
shall
not
appoint
a
person
as
a
Company
Secretary
unless
that
person
•
(a)
has
obtained
a
professional qualification
or
a
tertiary
level
qualification
that
enables
that person
to
have
the
requisite
knowledge
and experience
to
perform
the
functions
of
a
Company
Secretary,
•
(b)
has
held
office,
before
the appointment,
as
a
Compan
y Secretary
trainee
or
has
been
articled
under
the
supervision
of
a
qualified
Company
Secretary
for
a
period of
at
least
three
years,
Cont’d
•
(
c)
is
a
member
in
good
standing
of
•
(i) the
Institute
of
Chartered
Secretaries
and
Admin-
istrators,
or
•
(ii)
the
Institute
of
Chartered
Accountants,
Ghana,
•
(d)
having
been
enrolled
to
practice,
is
in
good
standing
as
a barrister
or
solicitor
in
the
Republic,
or
•
(e)
by
virtue
of
an
academic
qualification,
or
as
a
member
of
a
professional
body,
appears
to
the
directors
as
capable
of
performing
the
functions
of
secretary
of
the
company.
•
Alternative Dispute Resolution Act 2010 ( Act 798)
•
Courts Act 1993 (Act 459)
•
Land Act 2020 (Act 1036)
ALTERNATIVE DISPUTE RESOLUTION
Alterative Dispute Resolution 2010 (Act
798)
•
Section 12 An arbitrator shall be a person appointed
by the parties or by a person or institution acting
under the power conferred by the parties and may
be a person with the experience or qualification that
the parties may agree on.
•
Arbitration, Mediation, Customary Arbitration
Courts Act 1993 (Act 459)
•
Section 72—Courts to Promote Reconciliation in Civil
Cases.
•
(1) Any court with civil jurisdiction and its officers shall
promote reconciliation, encourage and facilitate the
settlement of disputes in an amicable manner between and
among persons over whom the court has jurisdiction.
•
(2) When a civil suit or proceeding is pending, any court
with jurisdiction in that suit may promote reconciliation
among the parties, and encourage and facilitate the
amicable settlement of the suit or proceeding.
Cont’d
•
S
e
c
t
i
o
n
7
3
—
R
e
c
o
n
c
i
l
i
a
t
i
o
n
i
n
C
r
i
m
i
n
a
l
C
a
s
e
s
.
•
Any court, with criminal jurisdiction may promote
reconciliation, encourage and facilitate a settlement in
an amicable manner of any offence not amounting to
felony and not aggravated in degree, on payment cases
of compensation or on other terms approved by the
court before which the case is tried, and may during the
pendency of the negotiations for a settlement stay the
proceeding for a reasonable time and in the event of a
settlement being effected shall dismiss the case and
discharge the accused person.
Land Act 2020 (Act 1036)
•
Section 50
•
Section 102
•
Section 253
•
Section 254
Contracts Act 1960 (Act 25)
Land Act 2020 (Act 1036)
Law of Tort (Common Law) particularly negligence
and other tortious actions
Project & Development Management
THANK YOU
QUESTIONS
The legal and regulatory framework governing Valuation and Estate Surveying (VES) practice in Ghana is established within the constitutional provisions of the 1992 Constitution, encompassing common law, freedom of association, and professional bodies registration. The practice areas include real estate finance, land administration, estate brokerage, and more, underpinned by laws such as the Contracts Act 1960 and Land Act 2020.
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Presentation Transcript
PRESENTATION PRESENTATION ON THE LEGAL AND REGULATORY FRAMEWORK RELATING TO VES PRACTICE THE KNOWLEDGE BANK V.E.S DIVISIONAL SEMINAR ON 15 September , 2021 Surv. Timothy Anyidoho F.Gh.I.S
INTRODUCTION The law regulating any practice in Ghana should fall within the constitutional provision in Article 11 (1) of the 1992 Constitution; This Constitution Enactments made by or under the authority of the Parliament established by this constitution Any orders, Rules and Regulations made by any person or authority under a power conferred by this Constitution
Contd the existing law; the common law Clause (2) The common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of Judicature
Contd Article 21 (1) (e) Freedom of association, which shall include freedom to form trade unions of other associations, national and international, for the protection of their interest, Gh.I.S VES RICS
Professional Bodies Registration Act 1973, NRCD 143 An act to regulate the operation of professional bodies and to provide for related matters.
Practice Areas of Valuation and Estate Surveying Division Estate & Facilities Area Real Estate Finance and Valuation Land Administration and Management Estate Brokerage and Housing Land Use Planning and Environment
Contd Land Law and Legal Education; Alternative Dispute Resolution; Project & Development Management
Estate & Facilities Area The Law governing this PracticeArea generally; ContractsAct 1960 (Act 25) LandAct 2020 (Act 1036) Law of Tort (Common Law) particularly negligence and other tortious actions
Contd Contracts Act 1960 (Act 25) AN ACT to amend the law of contracts and to replace certain imperial enactments. Parties Offer Acceptance Consideration Discharge Breach
Contd Land Act 2020 (Act 1036) Section 6 Interest in Land Section 50 Covenants Section 57 Re-entry Continental Tyre Limited Vrs. Ghana Ports and Harbour Limited 2. James Ben Gaise 3. Richard Deih Suit No. OCC/45/09 High Court Commercial Division
Contd 1. Declaration that the Defendants refusal to accept payment of rent arrears by the Plaintiff is in breach of section 29 of the Conveyance Act, 1973 (NRCD176). 2. Relief against forfeiture upon such terms as may be just and equitable. 3. An injunction restraining the Defendants from re-entering or re-possessing premises; and the demised
Contd We made them parties to the action, in the first place the original demand notice came from the 2nd Defendant office so when we tendered the rent arrears as well as the rent advance the secretary received it stamped as having received the cheques as well as the letter on the same day. The system is that after you have received you have to send it to the cashier to process the payment. But when we went to the cashier the cashier said that he has
Real Estate Finance and Valuation Stamp DutyAct 2005 (Act 689) Land (Statutory Wayleaves)Act 1963 (Act 186) Administration of EstatesAct LandAct 2020 (Act 1036) The 1992 Constitution Internal Revenue ServiceAct 1986 P.N.D.C.L 143 High Court Civil Procedure Rules Order 66
Stamp Duty Act 2005 (Act 689) Assessment of duty The Commissioner shall assess the duties payable on an instrument required to be stamped under this Act. Commissioner means the Commissioner of Internal Revenue appointed under section 8 of the Internal Revenue Service Act, 1986;2(8
Contd CI 47 modifications as may be necessary. Rule 9 (3) The applicant shall make a declaration of the value of the property of the deceased and the Court shall as correctly as the circumstances allow ascertain the value.
Land (Statutory wayleaves Act 1963 (Act 186) 6. Compensation (1) Where a person suffers a loss or damages as a result of the carrying out of a survey under this Act or as a result of the installation, construction, inspection, maintenance, replacement or removal of a specified work that person is entitled, except where the loss or damage resulted from or arose out of the acts of that person, the servants or the agents, of that person and subject to this section, to compensation of an amount assessed by the Minister in respect of the loss or damage. (2) In assessing the compensation the Minister may take into account a reduction of an amount by which a person s land has increased in value as a result of the installation or construction of the work.
Administration of Estates Act 1961 (Act 63) & Interstate Succession Law PNDCL 111 Act 63 Section 71 Distress for Rent. (1) A personal representative may distrain upon land for arrears of rent due or accruing to the deceased in like manner as the deceased might have done had he been living Section 5 of PNDCL 111 Where the intestate is survived by a spouse and child the residue of the estate shall devolve in the following manner: (a) three-sixteenth to the surviving spouse; (b) nine-sixteenth to the surviving child; (c) one-eighth to the surviving parent; (d) one-eighth in accordance with customary law: Provided that where there is a child who is a minor undergoing educational training, reasonable Consolidated Statutes of Ghana 3 W provision shall be made for the child before distribution.
Land Act 2020 (Act 1036) Section 50 (9-18) Implied covenants by transferor Renewal Section 165 An instrument required by an enactment to be stamped shall not be accepted for registration if the the instrument is not duly stamped Section 233 Power of state to compulsorily acquire land for public purposes
Land Administration and Management ConstitutionArticles 20, 38, 259, 261, 266 & 267 LandAct 2020 (Act 1036) Lands Commission Act 2008 (Act 767)
1992 Constitution Of Ghana Article 259 Membership of National Lands Commission (b) (iii) One representative each of the following bodies nominated in each case by the body concerned Ghana Institution of Surveyors) Article 261 Membership of Regional Lands Commission (b) (iii) One representative each of the following bodies nominated in each case by the body concerned Ghana Institution of Surveyors)
Land Act 2020 (Act 1036) Section 13- 22 Customary Land Management Settlement of Disputes, Customary Land Secretariats, charge fees, 255 Basis of assessment of compensation Market value Subsection (3) , (6) the valuer appropriate method
Lands Commission Act 2008 (Act 767) Section 10 (3) There shall be no disposition or development of any stool land unless the Regional Lands Commission of the Region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up by the planning authority in the area.
Estate Brokerage and Housing Real Estate Agency Act 2020 (act 1047) Anti Money Laundering Act 2020 (act 1044)
Real Estate Agency Act 2020 Act 1047 Section 5 Rep of Gh.I.S on the Council Section 24 The board may issue licence to a person if the person (b) is a valuation and estate surveyor registered by the Ghana Institution of Surveyors or is a lawyer licenced by the Gneral Legal Council to practice as a lawyer Section 44 A real estate broker shall , in relation to each real estate transaction prepare or casue to be prepared as appropriate a sales and purchase agreement or a lease agreement and give the seler and the buyer or the lessor and lessee a copy each of the agreement
Anti Money Laundering Act 2020 (act 1044) Section 48 Offences of non compliance with provisions such as keeping records, conducts transactions in a manner to avoid reporting, evasion of tax
Land Use Planning and Environment Land Use and Spatial PlanningAct 2006 (Act 925) Building Regulations LI 1630 LandAct 2020 (Act 1036) Section 117 Local GovernanceAct 2016 (Act 936)
Land Law & Legal Education; Legal ProfessionAct 1960 (Act 32) LandAct 2020 (Act 1036) Lands Commission Act (Act 767) CompaniesAct 2016 (Act 992)
Legal Profession Act 1960 (Act 32) 44. Preparation of legal documents (1) A person who is not a lawyer shall not directly or indirectly for or in expectation of a fee, gain or reward draw or prepare a legal document. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of one hundred penalty units. 46. Savings for public officers and engrossing Sections 43, 44, and 45 do not apply to a public officer drawing or preparing a legal document in the course of duty nor to the mere engrossing of a document.
Land Act 2020 (Act 1036) Section 33 A conveyancing shall only be prepared by a legal practitioner in terms of the Legal Profession Act 1960 (Act 32) Section 76 A legal practitioner may be granted access to provide electronic conveyancing service if the Lands Commission is satisfied that the applicant has the facilities and equipment required to provide the service.
Lands Commission Act (Act 767) 29 (2) the solicitor secretary shall be the secretary to the Commission and shall subject to the directions of the Chief Executive Officer, arrange the business and arrange to be recorded and kept minutes of meetings of the Commission.
Companies Act 2016 (Act 992) The directors shall not appoint a person as a Company Secretary unless that person (a) has obtained a professional qualification or a tertiary level qualification that enables that person to have the requisite knowledge and experience to perform the functions of a Company Secretary, (b) has held office, before the appointment, y Secretary trainee or has been articled under the supervision of a qualified Company Secretary for a period of at least three years, as a Compan
Contd (c) is a member in good standing of (i) the Institute of Chartered Secretaries and Admin- istrators, or (ii) the Institute of Chartered Accountants, Ghana, (d) having been enrolled to practice, is in good standing as a barrister or solicitor in the Republic, or (e) by virtue of an academic qualification, or as a member of a professional body, appears of performing the functions of secretary of the company. to the directors as capable
ALTERNATIVE DISPUTE RESOLUTION Alternative Dispute ResolutionAct 2010 (Act 798) CourtsAct 1993 (Act 459) LandAct 2020 (Act 1036)
Alterative Dispute Resolution 2010 (Act 798) Section 12 An arbitrator shall be a person appointed by the parties or by a person or institution acting under the power conferred by the parties and may be a person with the experience or qualification that the parties may agree on. Arbitration, Mediation, Customary Arbitration
Courts Act 1993 (Act 459) Section 72 Courts to Promote Reconciliation in Civil Cases. (1) Any court with civil jurisdiction and its officers shall promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner between and among persons over whom the court has jurisdiction. (2) When a civil suit or proceeding is pending, any court with jurisdiction in that suit may promote reconciliation among the parties, and encourage and facilitate the amicable settlement of the suit or proceeding.
Contd Section 73 Reconciliation in Criminal Cases. Any court, with criminal jurisdiction may promote reconciliation, encourage and facilitate a settlement in an amicable manner of any offence not amounting to felony and not aggravated in degree, on payment cases of compensation or on other terms approved by the court before which the case is tried, and may during the pendency of the negotiations for a settlement stay the proceeding for a reasonable time and in the event of a settlement being effected shall dismiss the case and discharge the accused person.
Land Act 2020 (Act 1036) Section 50 Section 102 Section 253 Section 254
Project & Development Management Contracts Act 1960 (Act 25) Land Act 2020 (Act 1036) Law of Tort (Common Law) particularly negligence and other tortious actions
THANK YOU QUESTIONS
