Right to Buy: the conveyancing steps when purchasing your council home

Key takeaways

• The RTB1 application begins the process; the landlord responds using an RTB2 notice.

• If the application is admitted, the Section 125 notice sets out the landlord’s offer, price, discount and terms.

• A solicitor checks the title, proposed transfer or lease, funding requirements and registration documents.

• Leasehold flats need careful review of the lease, service charges, planned works and building information.

• Eligibility, discount and timing depend on the circumstances. No fixed outcome or completion date should be assumed.

Right to Buy: the conveyancing steps when purchasing your council home

Right to Buy allows some council tenants in England to apply to purchase their home from their landlord. The landlord considers the application, while your solicitor reviews the legal offer, checks the title and guides the transfer through to completion. Eligibility, discount and timing depend on individual circumstances and the property.

This guide covers the application, landlord decision and offer, legal checks, funding, completion and registration. Your conveyancer explains the documents and legal commitments. If you need advice from experienced property lawyers, Smithfield Partners can discuss the conveyancing work and what to expect.

What does your Right to Buy solicitor do?

Your solicitor reviews the landlord’s title and offer papers, checks the property description and legal rights, and advises on the proposed transfer or lease. They raise enquiries about missing or unclear information, report relevant points to you and your mortgage lender, prepare the legal documents, arrange completion and apply to register your ownership.

Your solicitor explains the offer, legal documents, costs and decisions that need your attention. The landlord, lender and other advisers have separate roles. Your conveyancer can coordinate the legal work, but cannot determine eligibility or control the landlord’s response times.

The Right to Buy conveyancing stages

1. Submit the RTB1 application

Complete the RTB1 application and send it to your landlord using its stated process. Keep a copy and note when it was received. Tell your solicitor about any joint applicants and provide the identity, address and source of funds information requested for each buyer.

2. Receive the landlord’s decision

The landlord replies using an RTB2 notice, confirming whether the application is admitted or denied. If it is denied, the notice should explain the reason. If admitted, the landlord progresses to an offer. Eligibility decisions are made by the landlord under the applicable rules.

3. Review the Section 125 offer

The Section 125 notice sets out the landlord’s valuation, purchase price, discount, property description and terms. For a leasehold home it also includes lease information and estimated service charges for the first five years. Your solicitor checks the notice and proposed legal documents, and raises questions about missing or unclear information.

Check that the property and any plan are correctly described. Understand the proposed purchase terms, lease obligations and service charge information. Your solicitor advises on legal documents; a surveyor can assess condition or valuation. If you are considering a valuation review, check the current official process and deadlines in your notice and seek advice promptly.

4. Arrange funding and consider a survey

If you need a mortgage, apply to a lender and provide the information it requests. Your solicitor checks the lender’s legal instructions and explains any requirements that affect the purchase. Consider an independent survey so you understand the home’s condition. A mortgage valuation is not a full building survey.

5. Complete title, lease and property checks

Your solicitor reviews the title, proposed transfer or lease, boundaries, rights, restrictions and lender requirements. They raise enquiries where information is missing or inconsistent. For a flat, ask about lease length, service charges, building insurance, planned works and management arrangements.

6. Decide whether to accept and sign

Review the Section 125 offer and your solicitor’s report, ask questions and decide whether to accept within the response period that applies to your notice. Before signing, understand the purchase terms, funding, money due and ongoing obligations. Your solicitor will explain when the legal commitment takes effect.

7. Complete and register the purchase

When the parties and lender are ready, your solicitor arranges the transfer of funds and completion. They then deal with any required Stamp Duty Land Tax return and apply to HM Land Registry to register your ownership and mortgage. Registration processing continues after completion and can take additional time.

Documents and information to gather

The precise list depends on the landlord, property and funding. Gather the following where they apply:

• RTB1 application, RTB2 response and Section 125 offer notice.

• Proof of identity, current address and source of funds for each buyer.

• Mortgage offer or lender details, deposit evidence and any gifted deposit documents.

• Tenancy records, landlord correspondence and details of joint applicants.

• Property plan, proposed transfer or lease, and service charge information for a flat.

• Survey or valuation reports and available records of repairs, alterations or building issues.

• Any correspondence about the valuation, discount or terms that you want your solicitor to review.

What can affect progress

Progress can be affected by the landlord’s application decision, valuation questions, incomplete title or lease papers, unanswered enquiries, mortgage approval, missing service charge or building information and delays obtaining funds. Leasehold flats may require extra information from a landlord or managing agent. Prompt replies and complete documents can reduce avoidable hold ups, but no solicitor can promise a fixed completion date or control third party response times.

How long does a Right to Buy purchase take?

There is no single timescale for every Right to Buy purchase. The application and offer stages depend on the landlord, while the legal work depends on the property, documents, enquiries, funding and leasehold information where relevant. Your solicitor can explain what remains as the matter progresses, without promising a fixed date or an eligibility outcome.

Conveyancing costs and requesting a purchase quote

Costs may include a solicitor’s fee, VAT, searches, HM Land Registry fees, mortgage work and additional work where needed. Stamp Duty Land Tax may apply depending on the purchase price and your circumstances. Leasehold purchases can involve extra enquiries or third party information charges.

Ask for a written, itemised quote that explains what is included, what could be additional and when payments are due. Review the residential conveyancing pricing and request a purchase quote from Smithfield Partners. The quote should reflect the property, tenure, mortgage and your circumstances.

Choosing a solicitor for your Right to Buy purchase

Choose a conveyancer who will explain the landlord’s offer and proposed transfer or lease in clear terms. Ask who will handle your file, how updates are provided, whether the quote includes leasehold work if relevant and whether the firm can act for your lender.

Smithfield Partners advises on residential property transactions and can discuss the conveyancing steps for a council home purchase. Contact the team to talk through your offer notice, documents and quote.

Right to Buy frequently asked questions

What is the RTB1 form?

RTB1 is the form used to apply to buy a council home under Right to Buy. Submit it to your landlord following its instructions and keep a copy and record of submission.

What is an RTB2 notice?

RTB2 is the landlord’s response to the application. It states whether the application is admitted or denied and gives the landlord’s decision.

What does a Section 125 notice contain?

It sets out the landlord’s offer, including valuation, price, discount, property description and terms. For a leasehold home it includes lease details and estimated service charges for the first five years.

Do I need a solicitor for Right to Buy?

A solicitor does not decide eligibility, but can review the offer, check the title and transfer or lease, advise on legal risks, work with your lender and handle completion and registration.

Can I challenge the landlord’s valuation?

There may be a process to request an independent valuation, subject to specific steps and deadlines. Check current official guidance and your offer notice, and get advice promptly if you are considering this.

This guide gives general information about Right to Buy conveyancing in England. It is not legal advice on eligibility or an individual purchase. Rules and documents can change, so check current official guidance and obtain advice on your circumstances.