Requirements for Right to Buy in the United Kingdom in 2026

The Right to Buy scheme allows eligible council tenants in England to purchase their home at a discount from the market value. It is one of the most significant housing policies in the United Kingdom, giving long-term social housing tenants the opportunity to become homeowners — often at a substantially reduced price.

The scheme is administered primarily by your local council (local authority) or, in some cases, by a housing association if it has preserved the Right to Buy. The rules and discount amounts are set by the government through the Ministry of Housing, Communities and Local Government (MHCLG). This guide covers the requirements as they stand in 2026 for applicants in England. Note that Right to Buy was abolished in Wales in 2019 and in Scotland in 2016; Northern Ireland operates a separate scheme. If you are outside England, check with your devolved administration.

What this procedure is and what it’s for

Right to Buy is a statutory scheme that gives secure council tenants in England the legal right to purchase the home they rent from the local authority, at a discount based on how long they have been a public sector tenant.

Who it applies to

You can apply if you meet all of the following conditions:

• You are a secure tenant of a council property in England.
• You have been a public sector tenant for at least 3 years (the 3 years do not need to be continuous or with the same landlord).
• The property is your only or main home.
• The property is self-contained (you have exclusive use of all rooms, including bathroom and kitchen).
• You are not subject to a bankruptcy order or have outstanding credit arrangement orders relating to a previous property.
• You are not in a property that has been specially adapted for people with physical disabilities (certain exemptions apply).

Joint applications are allowed — you can apply with up to three family members who share the tenancy, or who have lived in the property as their only or main home for the past 12 months.

Official body responsible

The scheme is administered by your local council (local authority). The policy framework is set by the Ministry of Housing, Communities and Local Government (MHCLG). For housing association tenants, the Preserved Right to Buy may apply — check directly with your housing association.

Documents required

You will need to gather the following documents before and during the application process. Originals are required unless otherwise stated; your landlord may take certified copies in some circumstances.

Proof of identity

• Valid UK or foreign passport (original) for each applicant
• UK driving licence (original) as an alternative or supplementary ID
• Birth certificate (original or certified copy) if no passport is held

Proof of tenancy and residency

• Current tenancy agreement (original or copy issued by the council) showing your name, address and tenancy start date
• Previous tenancy agreements or letters from former landlords if you are counting earlier public sector tenancies toward the 3-year qualifying period
• Recent utility bills or bank statements (dated within the last 3 months) confirming your address — typically two separate documents

Proof of right to reside (if applicable)

• Settled or pre-settled status confirmation (eVisa or UKVI account status letter) if you are a non-British/Irish national — physical Biometric Residence Permits expired on 31 December 2024; your current status is held digitally via your UKVI account
• Indefinite Leave to Remain (ILR) confirmation via your UKVI account if applicable

Financial documents (for mortgage purposes, not submitted to the council but needed by your lender)

• Last 3 months’ payslips (employed applicants) or last 2 years’ SA302 tax calculations from HMRC (self-employed applicants)
• Last 3 months’ bank statements
• Proof of any additional income (benefits, pension, rental income)

Application form

• RTB1 form — the official Right to Buy application form, available from your local council or at gov.uk/right-to-buy-buying-your-council-home

Additional documents that may be requested

• Marriage or civil partnership certificate if joint applicants share a different surname
• Deed poll or statutory declaration if you have changed your name
• Proof of any previous Right to Buy discount received (if you have used the scheme before, the discount may be reduced)

Steps to complete the procedure

Follow these steps in order. The entire process from application to completion typically takes several months, depending on your council’s workload and your mortgage arrangements.

1. Check your eligibility — Use the eligibility checker at gov.uk/right-to-buy-buying-your-council-home before starting. Confirm your tenancy type with your landlord if you are unsure whether you hold a secure tenancy.

2. Complete and submit the RTB1 form — Download or request the RTB1 form from your local council. Complete it fully, sign it, and submit it to your landlord (the council or housing association). You can submit by post or in person at your local council housing office — check whether your council accepts online submissions.

3. Receive the landlord’s response (RTB2 notice) — Your landlord must respond within 4 weeks (or 8 weeks if you have been a tenant for less than 3 years with that landlord) to confirm whether you have the Right to Buy. If they deny it, they must give written reasons.

4. Receive the offer notice (Section 125 notice) — If your Right to Buy is confirmed, the landlord must send you a formal offer (Section 125 notice) within 8 weeks for a freehold property or 12 weeks for a leasehold property. This notice states the purchase price, the discount applied, and details of the property.

5. Get an independent valuation if you disagree with the price — You have the right to request an independent valuation by the District Valuer (a government-appointed surveyor) if you believe the price is too high. This must be requested within 3 months of receiving the Section 125 notice.

6. Arrange your mortgage or finances — Contact mortgage lenders or a financial adviser. Many high-street banks and specialist lenders offer Right to Buy mortgages. You do not need a deposit in the traditional sense — your discount can act as equity — but lenders have their own criteria.

7. Instruct a solicitor or conveyancer — You will need a licensed conveyancer or solicitor to handle the legal transfer of the property. They will carry out searches, review the lease (if leasehold), and manage the exchange of contracts and completion.

8. Exchange contracts and complete — Once all legal checks are done and your mortgage is in place, contracts are exchanged and a completion date is set. On completion, you become the legal owner of the property.

Where the procedure is done: The RTB1 form is submitted to your local council housing office (in person, by post, or online where available). Legal completion is handled by your solicitor. No appointment is required to submit the RTB1, but your council may invite you to a meeting to discuss the application.

Fees and timelines

• Application fee: There is no fee to submit the RTB1 application form.
• Discount amount (England, 2026): The maximum discount is £102,400 across England, or £136,400 in London boroughs. The exact discount depends on the type of property (house or flat) and the length of your public sector tenancy. For houses, the discount starts at 35% after 3 years and increases by 1% for each additional year, up to a maximum of 70%. For flats, the discount starts at 50% after 3 years and increases by 2% per year, up to a maximum of 70%.
• Solicitor/conveyancer fees: Typically £1,000–£2,500 depending on the property value and complexity. Leasehold properties tend to cost more.
• Mortgage arrangement fees: Vary by lender — typically £0–£1,500; some lenders offer fee-free products.
• Survey/valuation fee: If you instruct your own surveyor (recommended), expect to pay £300–£700 for a homebuyer’s report.
• Stamp Duty Land Tax (SDLT): May be payable depending on the purchase price. First-time buyers benefit from SDLT relief on properties up to certain thresholds — check the current thresholds at gov.uk/stamp-duty-land-tax as these can change.
• Landlord response deadline: 4 weeks (RTB2 notice); 8 or 12 weeks (Section 125 offer notice).
• Overall timeline: From submitting the RTB1 to legal completion, the process typically takes 6–12 months, though it can be shorter or longer depending on council workload, mortgage approval speed and legal complexity.
• Repayment of discount: If you sell the property within 5 years of purchase, you must repay some or all of the discount on a sliding scale. After 5 years, no repayment is required.
• Validity of the offer: Once you receive the Section 125 notice, you have 12 weeks to accept or decline. If you do not respond, the landlord can serve a notice to withdraw the offer.

Common mistakes and how to avoid them

• Submitting an incomplete RTB1 form — Missing signatures, undated sections or blank fields are the most common reason for delays. Read every section carefully and ensure all joint applicants sign the form before submission.

• Not counting all qualifying tenancy years — Many applicants forget to include time spent as a tenant with a previous council or housing association. Gather evidence of all public sector tenancies, even those from years ago, to maximise your discount.

• Assuming a physical BRP is still valid proof of immigration status — Physical Biometric Residence Permits expired on 31 December 2024. If you are a non-British/Irish national, you must demonstrate your right to reside using your digital eVisa status via your UKVI account. Presenting an expired BRP will not be accepted.

• Not seeking independent legal advice before signing — Some applicants proceed without a solicitor to save money, then encounter problems with leasehold terms, service charges or restrictive covenants. Always instruct a qualified conveyancer or solicitor before exchanging contracts.

• Missing the 12-week acceptance deadline — After receiving the Section 125 notice, you have 12 weeks to respond. Missing this deadline can result in the offer being withdrawn and you having to restart the process.

Frequently asked questions

Can I apply for Right to Buy if I live in a housing association property? It depends. If your housing association took over the property from a council after 1997, you may have the Preserved Right to Buy. Contact your housing association directly to confirm whether this applies to your tenancy.

Does the 3-year qualifying period have to be with the same landlord? No. The 3 years can be made up of time spent with different public sector landlords — for example, one council followed by another council or a housing association. You will need to provide evidence of each tenancy.

What happens if my landlord does not respond within the legal deadlines? If your landlord fails to respond within the required timeframes, you can serve a delay notice (RTB6 form) on them. If they still do not respond, you can apply to have the delay taken into account, which can result in a rent-free period or other remedies. Contact the Right to Buy Agent service at righttobuyagent.org.uk for free advice.

Can I use the Right to Buy discount as a deposit for my mortgage? Yes. Most mortgage lenders accept the Right to Buy discount as equity in place of a cash deposit. However, each lender sets its own criteria, so you should speak to a mortgage adviser or broker who has experience with Right to Buy applications.

What if I want to sell the property after buying it? You are free to sell at any time, but if you sell within 5 years of completing the purchase, you must repay a portion of the discount you received. The repayment reduces by 20% for each full year you have owned the property. After 5 years, no repayment is required. Additionally, if you sell within 10 years, you must first offer the property back to your former landlord at the market value before selling on the open market.

What to do next

The most important first step is to confirm your eligibility and gather evidence of all your public sector tenancies. Once you have done that, download or request the RTB1 form from your local council and submit it as soon as possible — the process is long, and starting early gives you more time to arrange finances and legal support.

Key documents to have ready from the outset:

• Valid photo ID (passport or driving licence) for every applicant
• Current tenancy agreement and evidence of all previous public sector tenancies
• Proof of address (two recent utility bills or bank statements)
• eVisa/UKVI account status if you are a non-British/Irish national

Important notice: Housing policy, discount caps and eligibility rules can change. The figures and rules in this guide reflect the position in 2026, but you should always verify the current requirements directly with your local council and with the official government guidance at gov.uk/right-to-buy-buying-your-council-home before submitting your application. Free, impartial advice is also available from the Right to Buy Agent service at righttobuyagent.org.uk.