The Right to Buy scheme allows council tenants to buy their homes from the Local Authority at a discount. Launched in 1980, it aimed to help more people become homeowners. In November 2024, the Labour Government reformed the scheme to make the process simpler and more efficient.
If you decide to take advantage of the scheme, you must hire a solicitor. They will assist you through the legal process and streamline the purchase.
In this guide, we’ll discuss everything you should know about hiring a solicitor for your Right to Buy purchase.
Choosing a Solicitor for Right to Buy
Hiring a solicitor at the start of the process is essential. Since the Right to Buy scheme differs significantly from standard conveyancing, you must choose a solicitor with extensive experience in this area. They will be responsible for a range of tasks including:
Reviewing and submitting documents on your behalf
Arranging conveyancing searches
Making payments to third parties on your behalf
The UK Government dictates that you must instruct a solicitor to complete the Right to Buy process.
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Solicitor Costs for Right to Buy
Solicitor fees when buying a Right to Buy property range from £1,190 to £1,320, based on the average council home cost of £170,572. Solicitors charge more for Right to Buy services as the process requires a specialist service. This extra charge comes in the form of a supplement fee.
This cost does not include any disbursements or supplement fees that your solicitor may charge. The average disbursement cost is £619, while the supplemental fee can vary. You can find out approximately how much using our Conveyancing Fees Calculator.
The maximum discount you can get will be whichever is lower:
70% of the property value
The region’s maximum discount
The regional discount thresholds are as follows*:
| Region | Average Property Value (£k) | Maximum Discount |
|---|---|---|
East of England | £65.86 | £34,000 (£16,000 in Watford) |
East Midlands | £52.07 | £24,000 |
West Midlands | £47.77 | £26,000 |
North East | £33.48 | £22,000 |
North West | £38.29 | £26,000 |
Yorkshire and the Humber | £36.62 | £24,000 |
South East | £80.78 | £38,000 (£16,000 in some areas including the Reading Borough, Oxford and West Berkshire) |
South West | £54.75 | £30,000 |
London | £122.56 | £16,000 (£38,000 in the boroughs of Barking and Dagenham and Havering) |
* Data taken from the UK Government
Conveyancing Process For Right to Buy
Some steps make purchasing a Right to Buy property different from the usual conveyancing process. Here is the typical buying The Right-to-Buy conveyancing process is as follows:
Hire a Solicitor and Apply to Your Local Council
You must instruct a solicitor to assist with the initial application. The Right to Buy application form is called an RTB1 Notice. This will be sent to your council or housing association who should reply with an offer within four weeks.
RICS Valuation
You need to arrange a RICS Valuation on your property. Your valuer will use available data such as property type, location, and recent sale history to determine the current market value. This valuation does not include the discount.
Getting a Mortgage
The Right to Buy discount is often viewed as the property deposit with the remaining sum typically paid using a mortgage. Your lender will arrange a mortgage valuation and ensure you meet their affordability criteria.
Alternatively, you can use a gift, loan, or savings if you have them.
Conveyancing Searches
Your solicitor will arrange conveyancing searches that look at the property and surrounding area. They will determine if there are risks that could reduce the property value. The main searches are:
- Local Authority Search
- Environmental Search
- Water and Drainage Search
- Land Registry Search
Arranging a Property Survey
Before proceeding with the purchase, you should hire a surveyor to carry out a RICS Level 2 or Level 3 Survey. The RICS Level 2 Survey is ideal for newer properties and buildings with standard construction. The RICS Level 3 Survey is the most comprehensive survey available and is suitable for all property types.
Completion
The Right to Buy process does not require the exchange of contracts. Instead, once all paperwork is completed and you have your mortgage offer, a completion date is arranged. The completion date must take place on a Monday.
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Frequently Asked Questions:
How Much of a Right to Buy Discount will I get?
House purchases come with a 35% discount if you have lived at the property between three and five years. After five years, this discount will increase by 1% each year until it reaches a 70% total discount.
Flat purchases have a 50% discount if you have lived at the property between three and five years. After five years, this discount will increase by 2% each year until it reaches a 70% total discount.
The amount of discount you will receive is dependent on the following factors:
- How long you have been a tenant in the property with a public sector landlord
- Whether you are purchasing a flat or house
- The value of your property
How Do Solicitors Help with Right to Buy?
Selling a right to buy property within 10 years can present challenges as you must offer the property to your previous landlord. If they decline, you must submit your offer to another social landlord.
If you are selling within five years, you have to pay back some of your Right to Buy discount. The repayment rate differs depending on how many years you have lived at the property.
Hiring a solicitor who has experience with Right to Buy properties can streamline the process. They’ll ensure documents are submitted correctly and offer expert advice when needed. Your solicitor will liaise with relevant parties including the buyer’s solicitor.
Can I Sell My Right to Buy Property?
If you decide to sell your home within 5 years of buying it, you must pay back some or all of your discount. This depends on the time you lived at the property when selling and the agreed purchase price.
You will have to pay back:
- 100% of the discount when selling after 1 year
- 80% of the discount when selling after 2 years
- 60% of the discount when selling after 3 years
- 40% of the discount when selling after 4 years
- 20% of the discount when selling after 5 years
Finding a Conveyancer
Compare My Move connects users with up to 6 conveyancers operating in their local area. Fill in our conveyancing comparison form to receive up to 6 quotes and save up to 70% on your conveyancing fees.
Our partners have passed a verification process to join our network. For conveyancers, this includes being regulated by one of the following regulatory bodies:
Solicitors Regulation Authority (SRA)
Council for Licensed Conveyancers (CLC)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Chartered Institute of Legal Executives (CILEX)
