Right to Buy Conveyancing: Step by Step Guide for Council Tenants

To qualify for Right to Buy you must:

• ●Be a secure tenant of a local authority, housing association (if part of the Voluntary Right to Buy pilot), or other qualifying public sector landlord
• ●Have spent at least three years as a public sector tenant in total (this can be cumulative across multiple tenancies)
• ●Be living in the property as your main home
• ●Not be subject to a possession order, undischarged bankruptcy, or certain other restrictions

The three year minimum tenancy was reduced from the previous five years in 2024 to widen access for newer tenants.

The maximum Right to Buy discount in England in 2026 is:

• ●Up to £102,400 outside London
• ●Up to £136,400 in London boroughs

These caps were reduced in November 2024 from the previous £127,940 and £170,560. The actual discount you receive depends on how long you have been a public sector tenant and the value of the property. A house attracts a higher discount than a flat at the same length of tenancy.

For a house, the discount starts at 35 percent after three years and rises by one percent for each additional year, capped at 70 percent or the cash cap above, whichever is lower. For a flat, the discount starts at 50 percent after three years and rises by two percent for each additional year, capped at 70 percent or the cash cap.

You start the process by submitting the RTB1 form to your council. The council has four weeks to respond with an RTB2 form, confirming whether you qualify. If you do not qualify, they must explain why.

Once eligibility is confirmed, the council appoints an independent valuer to value the property at full market value. This valuation, minus your discount, is the price you will pay. You have a right to challenge the valuation within three months if you think it is too high, by requesting a determination by the District Valuer.

The council must serve you a formal Section 125 notice within twelve weeks (or twenty four weeks for flats). This notice includes:

• ●The price you will pay after discount
• ●A description of the property
• ●The terms of the sale
• ●Any structural defects the council is aware of
• ●An estimate of service charges for the next five years (if leasehold)

You have twelve weeks from receipt of this notice to accept the offer.

Once you accept the offer, instruct a conveyancing solicitor or licensed conveyancer who is experienced in Right to Buy transactions. The legal work covers the same ground as any purchase: title check, searches, mortgage liaison, Land Registry filing. There are a few Right to Buy specific extras:

• ●The discount clawback period (described below) must be explained and documented
• ●The council's standard lease (for flats) must be reviewed carefully because it cannot usually be negotiated
• ●The mortgage offer must accommodate the discount

Most major lenders offer Right to Buy mortgages and most accept the discount as your deposit, meaning you can buy with a zero cash deposit if the discount covers it. Some specialist Right to Buy lenders go further. Your conveyancer will work with your broker to make sure the mortgage offer meets the council's requirements.

Once searches are back, enquiries are answered, and the mortgage offer is in, you exchange contracts with the council and set a completion date. Completion is typically two to four weeks after exchange.

If you sell the property within five years of buying it under Right to Buy, you have to repay some or all of the discount. The clawback is:

• ●100 percent in year one
• ●80 percent in year two
• ●60 percent in year three
• ●40 percent in year four
• ●20 percent in year five

The repayable amount is calculated against the resale value, not the original purchase price, so if the property has gone up in value the clawback can be significant. Right to Buy is best treated as a long term commitment, not a short term flip.

Legal fees for a Right to Buy purchase typically run £700 to £1,200 plus VAT. Disbursements (searches, Land Registry, ID checks) add another £350 to £550. Stamp Duty rules depend on the discounted purchase price, not the market value, so most Right to Buy purchases fall well within the first time buyer relief threshold.

Allow six to nine months from RTB1 application to completion. The council side is rarely the bottleneck. Mortgage offers and your own conveyancer's pace make the biggest difference.

Several panel firms specialise in Right to Buy conveyancing. We can match you to one familiar with your council's specific requirements, with a fixed fee quote that accounts for the Right to Buy steps without surprise extras.