Before buying an apartment in Ghana, verify the seller’s legal authority, the ownership documents, the remaining lease term, and the contract’s payment, refund and handover terms. Use an independent Ghanaian property lawyer for searches. This 10-point checklist shows buyers considering Eden Heights what to request and review before paying a deposit.
Key points
- Match the seller’s legal name across every document and payment instruction.
- Check when the lease began, when the lease ends and how many years remain.
- Under Article 266 of the Constitution, non-citizens hold leases of up to 50 years at any one time.
- Know whether you are paying a reservation fee or a deposit, and the refund terms for each.
- Confirm payment details through a known contact before every transfer.
1. Who is legally selling the apartment?
Start with the seller’s full legal name. The name should match across the reservation agreement, sale contract and payment instructions.
If the seller is a company, ask your lawyer to obtain company records from the Office of the Registrar of Companies and confirm the signatory’s authority. A matching name alone is not enough.
Where an agent or broker is involved, check their licence on the Real Estate Agency Council’s public registry. A licence confirms the agent’s status. A licence does not prove ownership of the apartment.
2. What ownership interest do you receive when buying an apartment in Ghana?
Ask a direct question: “What legal interest will be transferred into my name?”
Buying an apartment in Ghana often involves a lease or sublease with specific rights and restrictions. Your lawyer should explain how your unit relates to the development’s underlying land interest.
Request the ownership documents, unit identification, floor plan and terms covering common areas. Confirm whether parking and storage are included, allocated separately or available by permission only.
A brochure describes the home. The signed documents must identify the property precisely.
3. How many years remain on the lease?
Don’t stop at “50-year lease” or “99-year lease.” Check the start date, the expiry date and the years remaining at purchase.
Ask whether the documents allow renewal, who approves renewal and how any renewal payment is set. Don’t assume renewal is automatic.
For non-citizens, Article 266 of Ghana’s Constitution prohibits freehold interests and limits leases to 50 years at any one time. Your lawyer should explain how this applies to your purchase.
4. Which searches should your lawyer run?
Give your lawyer the documents needed for Lands Commission searches and a review of the ownership history.
The review should cover the seller’s interest, mortgages or other encumbrances, required consents and any disputes. If development finance affects the property, ask how your apartment will be released from the lender’s security.
Read search results alongside the documents and the physical property. Ask whether an updated search is needed before completion.
5. Are the approvals and specification in order?
Ask for the development and building approvals for the apartment, and have their status checked with the responsible authority.
For a completed home, inspect the actual unit. For an off-plan purchase, attach an agreed specification and floor plan to the contract.
Record the floor, unit number, floor area, finishes, appliances and parking. Separate existing facilities from those planned for later phases.
The agreement should state whether substitutions or layout changes are permitted, and the remedy if the delivered apartment differs materially from the specification.
6. Is the reservation payment refundable?
A reservation payment and a purchase deposit serve different purposes. Confirm which one you are making before you send money.
Ask how long the unit stays reserved, whether the payment counts toward the price, and when the payment becomes non-refundable.
The agreement should cover failed due diligence, a declined mortgage application, buyer withdrawal and the seller’s inability to proceed. Ask for clear refund deadlines and permitted deductions.
A refund right does not exist because a salesperson called the payment a simple reservation.
7. How are your payments protected?
Get a written schedule showing the total price, applicable taxes, extra charges, instalment dates and completion balance.
Check whether payments follow construction milestones, and who certifies each milestone.
If escrow is offered, have your lawyer review who holds the funds, the release conditions and the protection provided. The word “escrow” alone proves nothing.
Verify payment instructions through a known contact. If bank details change unexpectedly, confirm the change before transferring money, and keep every receipt. Our article on red flags when buying real estate in Ghana remotely covers common payment scams.
8. What happens if completion is late or the apartment has defects?
An expected completion date needs a clear definition of “complete.”
Ask whether handover requires working utilities, safe access, operating lifts where relevant, and the agreed documents.
For an off-plan purchase, ask for a long-stop date: the final contractual deadline after which set remedies apply. Have your lawyer review extension terms, termination rights and refunds.
Include an inspection process, a written defects list and deadlines for reporting and fixing faults. Any payment retention must be in the contract. Don’t try to impose one later.
9. What are the ongoing costs and estate rules?
Request the current service-charge schedule and management agreement. Check inclusions, how charges rise, and whether major repairs require extra contributions.
Read the rules on short stays, tenants, pets, renovations and resale. Confirm who pays insurance, internal repairs, ground rent and property rates.
These details matter when comparing apartments at Eden Heights with other options. Choose a home whose running costs fit your plans.
10. Who handles registration and completion?
Before paying, confirm which documents you will receive, who handles stamping and registration, who pays each fee and how you will track progress.
The Lands Commission’s deed registration requirements include properly executed instruments, relevant plans and supporting documents. Your lawyer should confirm the requirements for your interest. If you are buying from abroad, read our guide on power of attorney for real estate in Ghana.
Ready to discuss an apartment? Contact Eden Heights for the documents and proposed terms for your chosen unit. Review them independently, resolve open questions in writing, and pay only once you understand the commitment.
Frequently asked questions
What documents should I check before paying an apartment deposit in Ghana?
Request the seller’s ownership documents, the lease, the floor plan, development approvals and the draft reservation or sale agreement. Have an independent property lawyer verify the seller’s authority, run searches and explain any open issues before you pay.
Is an apartment reservation deposit refundable in Ghana?
The agreement and the law decide. Before paying, confirm refund conditions, deductions, deadlines and what happens if due diligence fails or you withdraw. Get these terms in writing, not as verbal promises.
Can a foreigner buy an apartment in Ghana?
Yes, through a leasehold interest. Article 266 of the Constitution prohibits freehold ownership by non-citizens and limits leases to 50 years at any one time. Confirm the remaining term and ownership structure with your lawyer.
What happens if the developer delays handover of my apartment?
Your contract and the law decide your options. Before signing, check the completion date, permitted extensions, long-stop date and any termination or refund terms. Don’t assume compensation or an automatic refund unless the contract states one.
What should I request before reserving an apartment at Eden Heights?
Ask for the unit’s written quotation, floor plan, specification, ownership documents, payment schedule, reservation terms and current service charges. Have your independent lawyer review the agreement and clarify refund, handover and registration terms before you pay.
