The Right to Buy scheme in England gives qualifying council tenants the legal right to purchase the home they rent from the council at a discounted price. Since the scheme was introduced in 1980, millions of council tenants have used it to become homeowners. If you are a secure tenant and have been in the public sector for at least three years, you are likely eligible.

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Checking Your Eligibility

The basic eligibility criteria for Right to Buy in England are that you must be a secure tenant of the property you want to buy, the property must be your only or main home, and you must have completed at least three years as a public sector tenant. These three years do not all need to be with the same council or even in the same property, and they do not need to be continuous.

Some types of property are excluded from the scheme even if the tenant qualifies. Exceptions include properties that are particularly suitable for elderly or disabled people, certain sheltered housing, and in some cases properties that form part of a building mainly used for non-housing purposes. Your council can confirm whether the specific property is eligible.

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Calculating Your Discount

The Right to Buy discount depends on the type of property and how long you have been a public sector tenant. For a house, the discount starts at 35 percent for three years of tenancy and increases by one percent for each additional year, up to a maximum of 70 percent. For a flat, the discount starts at 50 percent and increases by two percent per additional year, again up to 70 percent.

There is a cap on the maximum cash discount, which varies by region. As of recent years, the maximum in London has been higher than elsewhere in England, with lower limits applying in other regions. If your percentage discount produces a cash figure that exceeds the regional cap, the discount is limited to the cap.

The council arranges an independent valuation of the property to establish its open market value, and the discount is applied to that figure. If you disagree with the council's valuation, you can request an independent RICS valuation at a cost.

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How to Apply

The process begins by submitting a Right to Buy application form, known as an RTB1, to your council. The form is available from the council or from the government's Right to Buy website. You will need to include details of everyone who lives with you who also wants to be a joint owner of the property.

After receiving your application, the council has four weeks to confirm whether you have the Right to Buy. If your right is confirmed, the council arranges a valuation and then issues a formal offer notice, known as a Section 125 notice, within eight weeks for a house or twelve weeks for a flat. The offer notice sets out the asking price, the discount, and the terms of the proposed sale. You have twelve weeks to decide whether to accept the offer.

If you accept, the purchase proceeds through a solicitor in the same way as any property purchase, including searches, conveyancing, and registration at HM Land Registry.

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After the Purchase

Once you have purchased your home, you own it outright and have all the rights and responsibilities of a homeowner, including responsibility for maintenance and repairs. You are free to make improvements, redecorate, and use the property as you choose within any planning and legal constraints.

The main post-purchase restriction is the resale requirement. If you sell within five years of buying under Right to Buy, you must repay a portion of the discount to the council, reducing by 20 percent for each year of ownership. After five years, the property can be sold or transferred without any discount repayment obligation.

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Protecting Your Right to Buy

If you have submitted a Right to Buy application and the council is slow to respond, or if you receive a notice indicating that the council intends to demolish or dispose of the property, there are legal protections available to you. The council cannot simply refuse or delay an application without proper cause. If you experience problems with your application, your local Citizens Advice or a housing solicitor can advise you on your rights.

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Summary

If you are a secure council tenant in England who has been in the public sector for at least three years and who occupies the property as your main home, you can apply to buy your council house through Right to Buy. The process involves submitting an application, receiving a formal offer from the council, and completing the purchase through a solicitor. The discount can be substantial, and specialist mortgage products are available to help fund the purchase price after the discount. Resale restrictions apply for the first five years after purchase.