What is the Right to Buy Scheme and are you Eligible?
The Right to Buy scheme has helped thousands of council tenants take their first step towards home ownership. However, the eligibility rules are not always straightforward, and many people are unsure whether they qualify. In this article, I explain how the scheme works, who can apply, and how our team at HSR Law can support you through the process.
What Is the Right to Buy Scheme and How Does It Work?
Right to Buy is a government-backed scheme that allows qualifying council tenants in England to purchase their homes at a discount. The level of discount depends on how long you have been a tenant, the type of property you live in, and its current market value.
Introduced in the 1980s, the scheme remains one of the most significant housing policies in the UK. While local councils handle most applications, tenants whose properties have transferred to housing associations may have slightly different rights through what is known as the Preserved Right to Buy or the Right to Acquire scheme.
Who Can Apply for the Right to Buy Scheme?
To qualify for Right to Buy, several conditions must be met. The key eligibility criteria include:
1. What Type of Tenancy Do You Need?
You must be a secure tenant of a local council or local authority. This means you have long-term security and protection from eviction, provided you follow your tenancy conditions.
If your home was transferred from the council to a housing association, you may still qualify under Preserved Right to Buy, which allows you to apply on the same terms as before the transfer.
2. How Long Must You Have Been a Tenant?
You must have been a public sector tenant for at least three years. These years do not need to be continuous and can include time spent renting from different public sector landlords, such as a council, housing association, NHS trust, or armed forces accommodation.
3. Does the Property Have To Be Your Main Home?
Yes. The property must be your only or main residence. You cannot use Right to Buy for a second home or a property you intend to let out.
4. Does the Property Have To Be Self-Contained?
Your home must be self-contained, meaning you do not share essential facilities such as a kitchen or bathroom with anyone outside your household.
5. Are There Any Legal Restrictions That May Prevent You From Applying?
You will not be eligible if you are subject to bankruptcy proceedings or a possession order. Some homes are also excluded, such as those within sheltered or supported housing schemes designed for older or disabled residents.
Who Cannot Apply for Right to Buy?
You cannot apply for Right to Buy if:
- You rent from a housing association without preserved rights.
- You are bankrupt or subject to a bankruptcy order.
- You have a possession order from the court.
- Your property is specially adapted for elderly or disabled tenants.
If you fall into one of these categories, you may still be eligible for the Right to Acquire scheme, which offers smaller discounts and has slightly different criteria.
How Is the Right to Buy Discount Calculated?
One of the main attractions of the Right to Buy scheme is the discount available on the purchase price. This discount increases with the length of time you have been a tenant.
- For houses: You receive a 35% discount after three years of tenancy, increasing by 1% for each additional year, up to a maximum of 70%.
- For flats: The discount starts at 50% after three years, increasing by 2% each additional year, again up to 70%.
There is a maximum discount cap, which changes annually. As of 2025, the maximum discount is £102,400 across England and £136,400 in London boroughs.
If you sell your home within five years of buying it, you may have to repay some or all the discount, depending on how long you have owned the property.
Can You Apply Jointly with Family Members?
Yes. You can make a joint Right to Buy application with anyone who shares your tenancy. You can also include up to three family members who have lived with you for at least the past twelve months, even if they are not named on the tenancy agreement.
Joint applications can be beneficial where multiple incomes are needed to secure a mortgage or to share the cost of ownership.
What If You Used to Be a Council Tenant?
If your home was once owned by a council but later transferred to a housing association, you may still qualify for Preserved Right to Buy. This preserves your original rights and discount entitlements.
You can confirm whether you have preserved rights by checking your tenancy agreement or by contacting your current landlord. If you do not have preserved rights, you may be eligible for the Right to Acquire scheme instead.
How Can a Solicitor Help with a Right to Buy Purchase?
Buying your home through the Right to Buy scheme involves more than just accepting the council’s offer. It is a legal property transaction that must be completed correctly to protect your interests.
At HSR Law, our residential conveyancing team can assist with:
- Confirming your eligibility and preparing your application.
- Reviewing your Section 125 Offer Notice and ensuring the valuation is fair.
- Managing the legal conveyancing process from offer to completion.
- Registering your ownership with HM Land Registry.
Our role is to make the process clear, efficient, and fully compliant with the law, ensuring you can enjoy the security and satisfaction of owning your own home.
Ready to Find Out If You Qualify for Right to Buy?
If you are considering buying your council home, the first step is to confirm your eligibility. As a Partner and Residential Conveyancing Solicitor at HSR Law, I and my team have extensive experience in handling Right to Buy purchases across England.
We can explain your rights, calculate your potential discount, and guide you through each stage of the conveyancing process.
Contact HSR Law today to discuss your circumstances and take the first step towards home ownership with the Right to Buy Scheme.
Right to Buy Frequently Asked Questions
The Right to Buy scheme allows eligible council tenants in England to purchase their home at a discount. To apply, you must be a secure tenant of a council or local authority and have been a public sector tenant for at least three years. Some housing association tenants may qualify under Preserved Right to Buy.
Discounts depend on how long you have been a tenant and the type of property. For houses, the discount starts at 35% after three years, increasing by 1% per additional year up to 70%. For flats, it starts at 50%, increasing by 2% per additional year up to 70%. Maximum discount limits apply and may change annually.
Yes, you can make a joint application with anyone who shares your tenancy. You can also include up to three family members who have lived with you for at least the last twelve months, even if they are not on the tenancy agreement. Joint applications can help with mortgage affordability and shared ownership.
Certain properties are ineligible, including homes designed for elderly or disabled tenants, sheltered housing, or specially adapted properties. Tenants subject to bankruptcy or possession orders are also excluded. If you are unsure, we can review your circumstances and confirm whether you can apply.
Buying under Right to Buy involves a formal conveyancing process. A solicitor can help review your council’s offer notice, check the valuation, manage contracts, carry out property searches, and register ownership with HM Land Registry. At HSR Law, we guide tenants through each step to ensure the purchase is legally sound and stress-free.
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