Short answer
Secure tenants of local councils in England may have the right to buy their home at a discount under the Right to Buy scheme, provided they have been a public sector tenant for at least three years. Housing association tenants do not have a statutory right to buy but may be eligible under the Preserved Right to Buy or the Right to Acquire scheme.
Right to Buy has been suspended in Wales since 2019. In Scotland it was abolished in 2016. This guide covers England only.
1 The rule
The Right to Buy in England is governed by Part V of the Housing Act 1985 (as amended). It gives secure council tenants the right to purchase their home at a discount. The discount increases with years of tenancy and is subject to a maximum cap, revised each year.
"A secure tenant has the right to buy, that is to say, the right, in the circumstances and subject to the conditions and exceptions stated in the following provisions of this Part — (a) if the dwelling-house is a house, to acquire the freehold of it."Read the official text
The discount is capped — the maximum discount for 2026/27 is £102,400 (or £136,400 in London). If you sell within five years of purchase you must repay a proportion of the discount.
2 What you can do now
- Check your eligibility
You must be a secure tenant of a local council (or in some cases a housing association with Preserved Right to Buy) for at least three continuous years. The property must be your main home. Certain properties are excluded: sheltered housing for older people, some properties with adaptations for disability, and properties subject to a demolition notice. Use the <a href="https://www.gov.uk/right-to-buy-buying-your-council-home/eligibility" target="_blank" rel="noopener noreferrer">GOV.UK Right to Buy eligibility checker</a> to confirm your situation.
- Calculate your discount
The discount is: for houses — 35% after 3 years, rising by 1% per additional year to a maximum of 70% (or the cap, whichever is lower). For flats — 50% after 3 years, rising by 2% per additional year to a maximum of 70% (or the cap). The discount is based on the market value of the property, assessed by your landlord. If you disagree with the valuation, you can challenge it — ask your landlord within three months and consider an independent valuation from an RICS surveyor.
- Complete Form RTB1 and send it to your landlord
The Right to Buy application form (RTB1) is available from your landlord or GOV.UK. Submit it to your landlord's housing department. The landlord must respond within four weeks (eight weeks if you have been their tenant for less than three years) confirming whether you have the Right to Buy. If they confirm eligibility, they must send you a formal offer (Section 125 Notice) within eight weeks (for houses) or twelve weeks (for flats) describing the property, the price, and the discount.
- Review the Section 125 Notice
The Section 125 Notice sets out the price, any known structural defects, and service charge estimates for flats. You have twelve weeks to accept or withdraw. If you believe the price or discount is wrong, you can ask for a review and ultimately apply to the Valuation Office Agency for an independent valuation. You can also ask your landlord for an extension if you need more time to arrange a mortgage.
- Arrange a mortgage and complete
Most lenders offer Right to Buy mortgages — the discount counts as your deposit in many cases. Once a mortgage offer is in place, instruct a conveyancing solicitor to carry out searches, review the title, and complete the purchase. Completion transfers ownership to you. Note: if you sell within five years, you must repay a sliding proportion of the discount (100% in year one, down to 20% in year five). See the <a href="/articles/buying-a-home-legal-process" class="body-link">home buying legal process article</a> for the conveyancing steps.
3 When this does not apply
- Housing association tenants generally do not have Right to Buy — check whether you have "Preserved Right to Buy" (transferred from a council before 1997) or are eligible for Right to Acquire.
- Certain property types are exempt: sheltered housing for older or disabled people; properties unsuitable for sale due to their character or location; and properties subject to a possession order.
- If you are in arrears of rent or other serious breach of tenancy, your landlord may seek to delay or suspend the Right to Buy process.
4 Common questions
Can my family members join my Right to Buy application?
Yes. You can make a joint application with up to three family members who have lived with you in the property for the past twelve months. They do not need to be named on the tenancy. Including family members means they also become joint owners of the property when the purchase completes.
What happens to my Right to Buy if I move to a different council property?
Your qualifying period continues — years spent as a secure tenant of any public sector landlord in England count towards the three-year threshold. So if you move from one council property to another, your years of tenancy accumulate. If there is a gap between tenancies you may need to check whether continuity is broken.
Does my Right to Buy discount get repaid if I die?
The repayment obligation runs with the property for five years after purchase, not with you personally. If you die and leave the property to a family member, and they sell within the five-year period, the repayment obligation falls on them as owner. If the property is not sold within five years, the obligation lapses entirely.
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