Buying a home

Right to Buy conveyancing

The Section 125 offer notice checked, the discount protected, the deadlines met. One fixed fee, agreed in writing before anything starts.

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Right to Buy conveyancing is the legal work for buying your council home at a discount under the Housing Act 1985, from offer notice to registration. Property Law Online checks the Section 125 notice, acts for your lender, deals with Stamp Duty Land Tax and registers you as owner at HM Land Registry, across England.

Why instruct us

  • Fee agreed in writing before we start
  • England only: the scheme no longer exists in Wales

Who needs Right to Buy conveyancing?

The legal work on a Right to Buy purchase is not complicated. The paperwork from the landlord is unforgiving about deadlines, though, and the discount comes with conditions that outlast the purchase by years. The scheme applies in England only; Wales abolished it on 26 January 2019, so no Right to Buy purchase arises there to be taxed. The maximum cash discounts in England were cut on 21 November 2024 by the Housing (Right to Buy) (Limits on Discount) (England) Order 2024. Further changes to eligibility, discount levels and the repayment period have been announced but are not law: the three year qualifying period, the seventy per cent ceiling and the five year discount repayment period all still stand as at 20 September 2026, and this page describes the rules in force rather than the ones proposed.

Secure council tenants
Tenants of a local authority with at least three years of public sector tenancy behind them, which need not be continuous or in the same home (Housing Act 1985 section 119(A1) and Schedule 4, checked 20 September 2026). This is the core Right to Buy.
Tenants whose home transferred to a housing association
If your council home was transferred to a housing association while you lived in it, you may have a Preserved Right to Buy on the same terms. We check the transfer date and your tenancy history.
Housing association tenants with the Right to Acquire
A separate, narrower scheme with smaller discounts and its own eligibility rules. The conveyancing runs the same way, and we tell you which scheme applies before you apply.
Families buying together
Up to three family members can join the purchase under section 123 of the Housing Act 1985, which often helps with mortgage affordability. They qualify if they have lived with you for the twelve months up to your RTB1 notice, and a spouse or civil partner needs no residence period at all. The landlord can also consent to someone who meets neither test. Their names go on the title, and a deed of trust records who paid what.
Tenants of flats and maisonettes
A leasehold purchase, with the landlord as freeholder. The Section 125 notice includes five years of estimated service charges, and the lease needs the same checks as any leasehold purchase.
Not right for
Tenants in Wales, where the Right to Buy no longer exists, tenants on introductory or demoted tenancies, and homes the landlord is entitled to exclude, such as some sheltered housing. We check eligibility before you pay for anything.

What does Right to Buy conveyancing include?

One fixed fee covers the whole purchase from the offer notice to registration. Where a matter needs something extra, family members joining the purchase, a deed of trust recording who paid what, it is quoted before you instruct, never afterwards.

  • Section 125 offer notice review

    The price, the discount, the description of the property, the terms of the transfer or lease, and for flats the service charge and improvement estimates, all checked against the title and your occupation.

  • Advice on the discount conditions

    The repayment of discount if you sell within five years, the landlord's right of first refusal for ten years, and the cost floor rule, explained in plain English before you accept.

  • Deadline management

    The response period on the offer notice, the district valuer window if you dispute the price, and the landlord's notices to complete, diarised and reported to you in regular written updates.

  • Searches and enquiries

    A full search pack where your lender requires it, and enquiries of the landlord on planning, works and, for flats, the building's condition and any major works planned.

  • Acting for your lender

    We act for your mortgage lender as well as you, meeting its requirements on the discount charge, the title and the transfer or lease.

  • Land tax return and registration

    Stamp Duty Land Tax calculated on the discounted price, the return filed, and your ownership registered at HM Land Registry with the discount charge and first-refusal restriction noted as the Act requires.

How does a Right to Buy purchase work?

Five stages. The landlord's timetable runs the first two; from the offer notice onwards the deadlines are yours, and we work back from them.

  1. RTB1 application and the landlord's reply

    You apply on form RTB1, which costs nothing. The landlord replies on form RTB2 within four weeks, or eight weeks where your qualifying period depends on a previous landlord's records (Housing Act 1985 section 124(2)), confirming whether you qualify and how many years count towards your discount.

    Weeks 1 to 8

  2. Section 125 offer notice

    The landlord serves its formal offer, with the price, the discount and the terms. For a flat it includes estimates of service charges and improvement contributions for the first five years. It must be served within eight weeks of admitting your right where you are buying a house, and within twelve weeks where you are buying a flat (Housing Act 1985 section 125(1)).

    Weeks 8 to 20

  3. Our review and your decision

    We check the notice against the register and your tenancy, explain the conditions you are accepting, and advise whether to ask the district valuer to determine the price. That determination costs you nothing, but it must be required within three months of the notice. You then have twelve weeks to tell the landlord in writing that you are going ahead, or that you are pulling out, under section 125D of the Housing Act 1985. Going to the district valuer does not eat into that: the twelve weeks runs from the notice or from the result of the determination, whichever is later. If the twelve weeks does pass, the claim is not lost on the spot, because the landlord must first serve a further notice giving you at least 28 days. Checked 19 September 2026.

    Within the twelve-week response period

  4. Mortgage, searches and enquiries

    Your mortgage offer is obtained, searches ordered where the lender requires them, and enquiries raised with the landlord. The transfer or lease is agreed.

    Weeks 4 to 8 after acceptance

  5. Completion and registration

    The purchase completes, the discount charge is created, the Stamp Duty Land Tax return is filed and you are registered as owner at HM Land Registry with the statutory charge and restriction noted.

    Weeks 8 to 12 after acceptance, then HM Land Registry processing

Can I get a mortgage on a Right to Buy purchase?

Yes, and a lender may treat the discount as your deposit, so you may need little or no cash of your own. The lender must accept the statutory discount charge on the title, which ranks behind its mortgage in the way the Act provides.

Discount as deposit
Many lenders accept the Right to Buy discount in place of a cash deposit, lending up to the discounted price (each lender sets its own rule in part 2 of its UK Finance handbook entry). Some ask for a small cash contribution or restrict borrowing for improvements at the same time.
The discount charge
The obligation to repay discount if you sell within five years is a charge on the property. Only one mortgage automatically ranks ahead of it: the advance an approved lender made to let you exercise the right to buy in the first place. Any later advance or further advance ranks ahead only if the landlord consents in writing, and the landlord has to consent where the money is for an approved purpose, which means an interim or final payment, works to the property or a service charge or insurance for it, or paying off an advance that already ranked ahead. A remortgage for something else does not automatically outrank the charge. Section 156 of the Housing Act 1985, checked 20 September 2026. We confirm your lender's position, and obtain that consent where it is needed, before completion.
Flats and service charges
On a leasehold flat, lenders look at the Section 125 service charge estimates and the lease term. A short lease or a building with cladding or major works issues can narrow the choice of lender.
Letting after purchase
A residential mortgage does not permit letting. If you later want to rent the home out, you need the lender's consent or a buy-to-let mortgage, and the discount repayment still applies to a sale within five years.

Your lender may charge its own valuation, arrangement or administration fees. They are set by the lender, not by us, and we tell you the figures as soon as we have them.

What does Right to Buy conveyancing cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

Every Right to Buy purchase is quoted as one fixed fee before you instruct us, in writing, with our fee shown separately from the amounts paid to search providers, HM Land Registry and HMRC. Tell us whether it is a house or a flat and how you are paying, and we reply by email.

Usually covered by the professional fee

  • Section 125 offer notice review and advice on the conditions
  • Deadline tracking through to completion
  • Searches and enquiries where required
  • Acting for your lender
  • Stamp Duty Land Tax calculation and return
  • HM Land Registry application and registration

Paid to others, passed on at cost

  • HM Land Registry fee, set by the HM Land Registry fee order on the price you pay
  • Search fees charged by the local authority, water company and search providers
  • Stamp Duty Land Tax, where any is payable on the discounted price
  • The landlord's own charges, if it makes any, for the lease or transfer
  • A deed of trust where family members contribute unequally. Quoted separately if you need one

What can add to it: family members joining the purchase, a dispute over the price going to the district valuer, or a flat where the lease needs negotiating with the landlord. Each is quoted before you instruct, never afterwards.

How long does a Right to Buy purchase take?

Six to ten weeks from the point you accept the Section 125 notice, assuming your mortgage is in place. Before that, the landlord's statutory timetable runs: the RTB2 reply within four weeks, or eight where a previous landlord's records are needed, then the section 125 offer notice within eight weeks for a house or twelve weeks for a flat after it admits your right (Housing Act 1985 sections 124(2) and 125(1), checked 20 September 2026). HM Land Registry then processes the application.

What changes the timescale

  • How quickly the landlord serves its RTB2 reply and Section 125 notice
  • Whether you ask the district valuer to determine the price
  • How quickly your mortgage offer is issued
  • For a flat, whether the lease terms and service charge estimates need negotiating
The stagesExample
  1. RTB1 application and the landlord's reply
  2. Section 125 offer notice
  3. Our review and your decisionIn progress
  4. Mortgage, searches and enquiries
  5. Completion and registration
An illustration of how a matter moves through these stages. We tell you when each one is done.

What goes wrong with Right to Buy?

  • Missing the response deadline

    You have twelve weeks to respond to the Section 125 notice, under section 125D of the Housing Act 1985. Missing it does not end the claim on its own. The landlord must first serve a further notice under section 125E giving you at least 28 more days, and only if that passes without a reply is the claim treated as withdrawn, sending you back to the start. We diarise every date the day the notice arrives.

  • Accepting a wrong description or price

    Offer notices are drafted from the landlord's records. The property described, the garden included, the tenancy years counted and the discount applied are all checkable, and errors can occur, so the check is worth making. We compare the notice with the register and your tenancy history before you accept.

  • Selling within five years without planning for it

    Sell or transfer within five years and you repay a proportion of the discount, calculated on the value at the time, not on what you were given: all of it in the first year, reducing by a fifth each year. Money you spend improving the property is left out of the calculation, if you agree it with the landlord or ask the district valuer to fix it. Some transfers are exempt, but only a limited set, and an exempt transfer passes the obligation to the new owner rather than ending it. We explain what counts before you commit.

  • A flat with major works on the horizon

    Schedule 6 to the Housing Act 1985 limits what you can be charged for works in the first five years of the lease, by reference to the estimates in the Section 125 notice. It reaches further than it may first appear. An improvement the landlord did not estimate cannot be charged to you at all, and repairs it did not itemise are held to the estimated annual average, in each case plus an inflation allowance. What it does not reach is the day to day service charge, so management, insurance and cleaning are estimated but not capped. Nor does it reach anything after the five years, which is where cladding remediation, roof replacement or lift renewal often lands. Checked 19 September 2026. We ask the landlord about planned works and read the building's recent accounts.

What is a Section 125 offer notice?

It is the landlord's formal offer under section 125 of the Housing Act 1985. It states the price, how the discount has been calculated, the years of tenancy counted, a description of the property and the terms of the freehold transfer or, for a flat, the lease. For a flat it also gives estimates of the service charge and any improvement contributions for the first five years, which then limit what you can be charged for repairs and for improvements during the first five years of the lease, under Schedule 6 to the Housing Act 1985. Two five year periods are in play and they do not start on the same day. The estimates cover a period beginning on a date the notice states, which can be up to six months after the notice, while the limit itself runs from the grant of the lease. Checked 19 September 2026.

Once it arrives, three clocks start. You have twelve weeks to tell the landlord whether you intend to proceed, under section 125D of the Housing Act 1985, and that twelve weeks runs from the later of the notice itself and the end of any valuation determination. If you think the price is wrong, you can require the district valuer to determine it at no cost to you, and that request must be made within three months of the notice under section 128(2). And once you have accepted, the landlord can serve notices requiring you to complete, which if ignored end the application. Our review is built around those three dates.

What the notice containsWhy it matters
The purchase price and the discountThe discount depends on your tenancy years and on two separate statutory ceilings, a percentage and a cash cap, whichever bites first. The cash cap is set area by area, from 16,000 to 38,000 pounds, by the Housing (Right to Buy) (Limits on Discount) (England) Order 2024, in force 21 November 2024 (checked 20 September 2026); the Order names particular districts separately, so do not assume the headline figure for your region applies to your landlord. All of it is worth checking
The property descriptionSheds, gardens and parking are sometimes omitted or wrongly included; the transfer follows the notice
Terms of the transfer or leaseCovenants, rights of way and, for flats, the lease term and repairing obligations
Service charge and improvement estimates (flats)For the first five years of the lease they cap what you can be charged for repairs, at the estimated figure plus an inflation allowance where the work was itemised, and nothing at all is payable for improvement works that were never estimated. Other service charges, and all charges on a freehold house, are not capped (Housing Act 1985 sections 125A and 125B and Schedule 6 paragraphs 16B and 16C, checked 20 September 2026)
Structural defects known to the landlordThe landlord must disclose them; lenders and valuers rely on this
Your rights and time limitsThe response period and the district valuer window run from service of the notice

What happens if I sell within five years?

You repay part of the discount. The amount is a percentage of the discount you received, recalculated as the same proportion of the property's value at the time of the sale rather than the original figure: the whole of it in the first year, then four fifths, three fifths, two fifths and one fifth in each following year. The measure is the price or premium you actually get on that later sale, and the part of it attributable to improvements you made yourself is disregarded, either by agreement with the landlord or on a determination by the district valuer, which you have to ask for and pay the reasonable costs of. Sections 155A and 155C of the Housing Act 1985, checked 20 September 2026. After five years there is nothing to repay. The obligation is a charge on the property and appears on the register, so a buyer's representative will see it and require it to be dealt with at completion.

Separately, for ten years after the purchase the former landlord has a right of first refusal under section 156A of the Housing Act 1985: if you want to sell, you must first offer the home back to the landlord or another social landlord in the area at market value. It is noted as a restriction on the register. Certain disposals are exempt from the repayment rule, but the conditions are narrow. The whole property has to go, not a share, and it has to go to your husband, wife or civil partner, or a former one, or to a member of your family who has lived with you throughout the twelve months ending with the transfer. A vesting under a will or on intestacy is exempt, and so are transfers under specified court orders, including on divorce. What an exempt transfer does not do is wipe the slate: the obligation runs with the property against the new owner for whatever is left of the five years, counted from your original purchase, so they repay if they sell inside it. Section 160 of the Housing Act 1985, checked 20 September 2026.

Is Stamp Duty payable on a Right to Buy purchase?

Stamp Duty Land Tax is charged on the discounted price you actually pay, not the market value, and the contingent obligation to repay discount is left out of the chargeable consideration, because Schedule 9 paragraph 1 of the Finance Act 2003 switches off the contingent consideration rule for a right to buy transaction (checked 19 September 2026). Many Right to Buy purchases fall within the nil rate band of £125,000 as a result, and first-time buyer relief may apply where the conditions are met, giving a nil rate to £300,000 and no relief at all above £500,000, which is a cliff edge rather than a taper. Many Right to Buy tenants are not first-time buyers, and buying with anyone who has owned a dwelling before removes the relief for both. The relief has to be claimed on a return, so a return is needed even where no tax is due.

There is no Right to Buy carve out from the rest of the stamp duty rules, and two of them catch people. The higher rates for additional dwellings apply on the discounted price if any one of the buyers will still own another dwelling once completion day has passed, so a son or daughter joining you who owns a flat they let out, or a husband or wife who does, can put the surcharge on the whole purchase. Married couples and civil partners who are living together are treated as one buyer for that test. It is worth asking the question before the names on the transfer are settled, because afterwards it is too late. Pulling the other way, a sitting tenant who has never owned a home can qualify for first time buyer relief, because renting is not owning.

Because the Right to Buy was abolished in Wales, Land Transaction Tax, the Welsh equivalent collected by the Welsh Revenue Authority, does not arise on a Right to Buy purchase. Our Stamp Duty calculator explains the bands.

Frequently asked questions

If I sell the home years later, what is my capital gains position?

Your acquisition cost is the discounted price you actually paid, not the market value of the home when you bought it. That is the figure any future gain is measured against, so the discount that made the purchase affordable also makes the eventual gain larger. While the home is your only or main residence that usually does not matter. It starts to matter if you let it out, or move out and keep it, because relief is then restricted for the period it was not your home. This is not conveyancing advice and it is worth taking tax advice before you let a Right to Buy home rather than after.

Can I do Right to Buy conveyancing myself?

You can, if you are paying cash and are comfortable checking the offer notice, the transfer and the land tax return yourself. With a mortgage the lender will require a legal representative. The notice review and the deadlines are where the risk sits, rather than the forms themselves.

What documents do I need for a Right to Buy purchase?

Your RTB1 application and the landlord's RTB2 reply, the Section 125 offer notice, your tenancy agreement, photo ID and proof of address for everyone buying, your mortgage agreement in principle or evidence of funds, and details of any family members joining. We send a short checklist once you instruct us.

Who qualifies for the Right to Buy?

Secure tenants of a local authority in England with at least three years of public sector tenancy, which can be added up across different homes and landlords (Housing Act 1985 section 119(A1), checked 20 September 2026). Housing association tenants usually have the narrower Right to Acquire instead, unless they have a Preserved Right to Buy from a stock transfer. None of these rights exists in Wales, where all three were abolished on 26 January 2019.

What if I disagree with the landlord's valuation?

You can require the district valuer to determine the value, and it costs you nothing. The request must be made within three months of the Section 125 notice under section 128(2) of the Housing Act 1985, and the determination is binding on both sides, so it can go down as well as up. We tell you whether a challenge is realistic before you make it.

Can I use my discount as a deposit?

Often. A lender may treat the discount as your equity and lend up to the discounted price, though their own affordability and property criteria still apply, and some restrict borrowing for improvements at the same time. We check your chosen lender's policy before the application goes in.

Can family members join the purchase?

Yes. Up to three family members can share the Right to Buy under section 123 of the Housing Act 1985. They qualify if the property has been their only or main home for the twelve months up to your RTB1 notice; a spouse or civil partner needs no residence period, and the landlord can consent to someone who meets neither test. Their names go on the title and, if they contribute unequally, a deed of trust records who owns what.

Can I rent out the property after buying it?

There is no rule against letting once you own the home, but your lender must agree, which usually means a buy-to-let mortgage, and a sale within five years still triggers repayment of the discount. Letting does not count as a disposal for that purpose.

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