Buying off-plan — committing to a property before it’s built, or while it’s still under construction — can offer genuine advantages, but it also asks you to trust a developer’s ability to deliver before there’s anything finished to inspect. The questions that protect you here are different from the questions that protect you when buying a completed property, because the main risk isn’t the land or the title — it’s whether the building actually gets finished, to the standard promised, on anything like the timeline promised.
This article covers what to ask before committing to an off-plan purchase in Ghana. It’s worth saying plainly: there is no dedicated Ghanaian consumer-protection law specifically governing off-plan payment structures, so the questions below are prudent-buyer practice, not a summary of legal protections you’re automatically entitled to.
Check the developer is actually registered
The Real Estate Agency Council (REAC), established under the Real Estate Agency Act, 2020, licenses and regulates real estate developers in Ghana, not just agents and brokers — this is worth knowing, because it’s a concrete, checkable fact rather than a marketing claim. Ask which developer entity you’d actually be contracting with, and confirm their REAC registration directly with REAC rather than taking a sales brochure’s word for it.
Separately, many developers are members of the Ghana Real Estate Developers Association (GREDA) — but GREDA is a voluntary industry association, not a government regulator, so membership is not the same thing as REAC registration and doesn’t carry the same regulatory weight. Both are worth asking about, but they mean different things.
Ask what permits the project actually has
A legitimate development should hold a building permit from the local Metropolitan, Municipal, or District Assembly, and, for larger projects, an Environmental Protection Agency (EPA) permit as well — the assembly generally won’t issue a building permit for a project that needs EPA clearance without it. Ask to see evidence of both where applicable, rather than assuming that an active construction site implies the paperwork is in order.
Understand exactly what triggers each payment
Off-plan purchases are usually structured as staged payments tied to construction milestones. Before committing, get clarity, in writing, on exactly what completed work triggers each payment, who verifies that the milestone has genuinely been reached, and what happens if construction stalls between payments. Vague milestones (“on completion of phase one”) are harder to hold anyone accountable to than specific, verifiable ones.
Ask where your money actually goes
Paying a developer directly, with no independent party involved, means you’re relying entirely on that developer’s good faith and financial stability for every cedi paid before the building exists. Ask whether payments are held by an independent party (such as an escrow arrangement managed by a law firm) until milestones are met, rather than going straight into the developer’s general funds. There’s no specific Ghanaian law requiring this structure, so it comes down to what the developer is actually willing to agree to — treat their answer as informative either way.
Ask about the developer’s track record — specifically, not generally
“This developer is well known” is not the same as “this developer has delivered previous projects on time and to the promised standard.” Ask about specific, named, completed previous projects, and where possible, visit one rather than relying on marketing photos of a different, newer project. A developer confident in their track record should have no difficulty pointing you to something you can actually go and see.
Get the finish specification in writing
Showroom finishes and marketing renders are not contractual promises unless the specific fittings, materials, and finishes are written into your agreement. Ask for a detailed, written specification — not just a general impression — of what you’re actually paying for, and what happens if the finished unit doesn’t match it.
Understand what happens if the project is delayed or stalls
Construction delays happen even with reputable developers. Before you commit, understand what your agreement actually says about delay — is there any compensation or remedy, or none at all — and have your own lawyer explain what your realistic options would be if the project stalled entirely. This is exactly the kind of question a general guide can’t answer for your specific contract; it’s why a lawyer needs to review the agreement before you sign, not after.
Questions to ask before committing
- Is the developer entity I’d be contracting with actually registered with REAC?
- Does the project have a building permit, and (if applicable) an EPA permit?
- What specifically triggers each payment, and who verifies it?
- Are payments held independently until milestones are met, or paid directly to the developer?
- Can the developer point me to a specific, completed previous project I can actually visit?
- Is the finish specification written into the agreement, in detail?
- What does the agreement say about delay, and has my own lawyer explained my real options?
A sensible next step
Have your own lawyer review the full agreement — payment schedule, specification, and delay terms — before you pay anything, including a reservation deposit. See our article on property due diligence for the checks that still apply even when you’re buying something not yet built.
This article is general educational information, not legal or financial advice. Off-plan agreements vary significantly between developers — always have your specific agreement reviewed by a qualified Ghanaian lawyer before committing. See our Editorial Disclaimer for more detail.
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