Buying your house

Buying your house (the Right to Buy)

If you are a Scottish Secure Tenant with a housing association you may be able to buy your home at a discount.

The Right to Buy was changed by the Housing (Scotland) Act 2001. There are now three forms in operation - the Old Right to Buy, the Modernised Right to Buy and the Contractual Right to Buy (where some housing associations voluntarily give their tenants the Right to Buy). The key features are:

The Old Right to Buy

• your tenancy started before 30 September 2002 and you have not moved after that date
• you have occupied a house, or a succession of houses, with a housing association or council for a minimum of two years
• the maximum discount takes 30 years to acquire for a house and 15 years for a flat
• The maximum discount is 60 per cent of the value for a house and 70 per cent of the value for a flat.

The Modernised Right to Buy

• your tenancy started on or after 30 September 2002
• you have occupied a house, or a succession of houses, with a housing association or council for a minimum of five years
• the maximum discount takes 20 years to acquire
• the maximum discount is 35 per cent of the value for all properties and is capped at £15,000
• there are special rules for properties built recently, acquired or refurbished.

The Contractual Right to Buy

• You should speak to your landlord to discuss if they offer a contractual Right to Buy. Contact your landlord

You cannot buy your home:

• if you do not have a Scottish Secure Tenancy
• if you rent from a housing association or co-operative which does not have the Right to Buy
• if it is part of a group housing scheme for people with special needs where the tenants have specific facilities for their use and/or they are provided with housing support services
• if your home is earmarked for demolition and your landlord has obtained a consent to refuse to sell.

Your landlord may refuse to sell if:

• your home has special features for the elderly and your landlord has obtained a consent to refuse to sell
• you have arrears of any of the following: rent, Council Tax, Water and Sewerage charges, or other amounts owing as a result of your current or a previous tenancy
• they are in the process of evicting you on conduct grounds
• they are covered by the 10-year exemption period which ends on the 30 September 2012. The exemption may be extended after this date. The time spent in your tenancy while the exemption period is in force still counts towards your discount.

Contact your landlord to find out if you qualify for the Right to Buy and for more information.

Further information

General information on buying a home.

Scottish Executive Booklet: Your Right to Buy Your Home

Scottish Executive Guidance on the Modernised Right to Buy