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Some council and housing association tenants have the right to buy their home, this page gives you some basic information on how the right to buy works.

What is the right to buy?

Some tenants of councils and registered social landlords have the legal right to buy their home from their landlord at a discounted price.

Who has the right to buy?

You may have the right to buy if you have a Scottish secure tenancy that began before 2 March 2011 and your landlord is:

• a council
• a housing association or fully mutual co-operative housing association
• a water or sewerage authority.

There are currently two types of right to buy – the ‘original’ and ‘modernised’ right to buy. Whether you get the original or modernised right to buy depends on who your landlord is and when your tenancy started.

Since its introduction the right to buy has been restricted significantly, see 'Who doesn't have the right to buy?' below to find out more.

I rent from the council - do I have the right to buy?

If you have a Scottish secure tenancy from the council that began before 2 March 2011 you may have the right to buy.

Do I have the original or modernised right to buy?

• You are likely to have the original right to buy if you have, or inherited, a Scottish secure tenancy which began before September 2002.
• You are likely to have the modernised right to buy if you have, or inherited, a Scottish secure tenancy which began after 30 September 2002.

However, there are some exceptions - see 'Who doesn't have the right to buy?' below to find out more.

I'm a housing association tenant - do I have the right to buy?

If you are a housing association tenant and your tenancy began before 2 March 2011 you may have the right to buy.

Do I have the original or modernised right to buy?

• You are likely to have the original right to buy if you took up, or inherited, a Scottish secure tenancy which began before 30 September 2002. Some housing association tenants with assured tenancies which began before 2 January 1989 may also have the original right to buy.
• You are likely to have the modernised right to buy If you took up, or inherited, a Scottish secure tenancy which began after 30 September 2002 but before 2 March 2011. However, it likely that you will not be able to use your right to buy until September 2012.

Some housing associations are exempt from offering the right to buy, see 'Who doesn’t have the right to buy?' below.

You are unlikely to have the right to buy your home if it is:

• rented to you under a Scottish secure tenancy that began after 2 March 2011
• rented to you from a housing association that obtained charitable status before 18 July 2001
• part of a sheltered housing complex
• for people with special needs
• for people in their retirement
• provided with housing support services
• provided by your employer and linked to your job
• rented to you under a short Scottish secure tenancy
• part of a fully mutual co-operative housing association
• rented from a small housing association (fewer than 100 homes)
• in an area where the right to buy has been suspended due to a shortage of affordable housing
• due to be demolished
• 'new supply' social housing

Even if it looks unlikely that you will have the right to buy, it may be worth asking your landlord if they would be prepared to sell to you. Sometimes landlords will agree to sell a property that does not meet the criteria for the right to buy.

What is the original right to buy?

In order to have the original right to buy:

• your tenancy must have started before 30 September 2002, and
• you must have been a tenant there for two years.

If you live in a house the minimum discount you can receive is 32% after two years of living there and the maximum discount is 60% after 30 years. If you live in a flat the minimum discount you can receive is 44% after two years of living there and the maximum discount is 70% after 15 years. See the page on the Right to buy discount for more information.

If you move house you can only qualify for the modernised right to buy and the smaller discount that goes with it. However, if you are forced to move by your landlord, for example because your home is being demolished, then you will keep the original right to buy

What is the modernised right to buy?

In order to have the modernised right to buy,

• your tenancy must have started after 30 September 2002, and
• you must have been a tenant for five years.

The minimum discount you can receive is 20% after five years and the maximum discount is 35% after 20 years or £15,000, whichever is lower. See the page on the Right to buy discount for more information.

Housing associations that obtained charitable status after 18 July 2001 and registered social landlords must now offer the modernised right to buy. However, most of these landlords are exempt from offering the modernised right to buy until 2012. This can be extended for another five years if your landlord successfully applies to the Scottish Government for a further exemption.

Do I have to have lived in the same home?

You do not have to have lived in the same home with the same landlord for all two or five years, so long as you were renting under a Scottish secure tenancy. Time spent in accommodation provided by the armed forces or the Forestry Commission or in council housing in England, Wales or Northern Ireland can count too.

However, your time spent in these kinds of accommodation must be continuous. Your landlord can decide not to count any break if it was caused by something out of your control, for example a fire or flood.

If you inherited the tenancy from someone in your household you can also count the time you lived in the home with them from the age of 16.

Does anyone else have the right to buy my home?

A member of your family can apply to buy with you, so long as:

• they are over 18, and
• they have been living with you for six months immediately before you apply for the right to buy, and
• they have permission from your landlord to live in your home.

If they haven't lived with you for six months before you make your application, your landlord can choose to ignore this and let them apply anyway.

Family members include:

• your husband/wife or civil partner
• an opposite-sex or same-sex partner
• parents
• grandparents
• children over the age of 18 (including foster children, stepchildren, and any other child treated by you as your own)
• grandchildren
• nephews and nieces
• brothers and sisters
• aunts and uncles.

I'm a joint tenant - can I buy my home?

Joint tenants have the option to buy their home together. Only one of the tenants needs to have lived there for the two or five years required.

If one joint tenant wants to buy the property, the other joint tenants need to give their written consent on the right to buy application form. If you live with your partner (including a same-sex partner), they must also give written consent.

Where can I get more information?

Working out whether you have the right to buy can be complicated. If you're not sure, talk to your landlord or contact Shelter Scotland or your local Citizens Advice Bureaux, and they will be able to help you.

If you qualify for the right to buy, you need to consider the cost of buying your home before you proceed to the right to buy process.