This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

This page talks you through the stages of buying your home if you have the right to buy.

Where do I start?

If you think that you would like to buy your home, you should talk to your landlord. They will be able to tell you whether you have the right to buy and give you an Application to Buy form - APP2.

The application form is a legal document. You should hand deliver it to your landlord or send it by registered post. Ask your landlord to confirm that they have received it. You should keep a copy for yourself.

If you are not a council tenant you must provide proof with your application that you do not have council tax arrears (see below).

You should be wary of third parties offering to complete right to buy applications - always speak to your landlord about your application.

Can I apply to buy if I have rent or council tax arrears?

Your application can be refused if you have rent arrears or council tax arrears.

If you are not a tenant with the council, you must write to the council and ask for a certificate stating that you do not have any council tax arrears. The council should send this within 21 days of receiving your request. The certificate should be attached to your application form when you send it. The certificate is only valid for one month so make sure you send your application form away quickly or you will have to get another certificate.

Do I need to have a solicitor?

If you want to buy your home, it's a good idea to get a solicitor. There are lots of things that you have to do when you are buying a property and a solicitor will make sure these are all done. Also, the wording of legal documents can be difficult to follow but a solicitor will be able to explain these to you.

You should ask your solicitor how much they are likely to charge you so that you know how much to budget for.

Can my landlord refuse to sell to me?

Your landlord can refuse to sell to you if:

• you have rent or council tax arrears (see above)
• you have been served with a notice of proceedings because of antisocial behaviour
• your home has been marked for demolition
• you rent from an islands council and they need your home for a teacher.

If your landlord is going to refuse you, they should do this within one month. Sometimes your landlord will have to ask the Scottish Government for permission to refuse you, in which case this may take longer.

If your landlord has refused to sell to you and you do not think that you fall into one of the categories above, you can appeal to the Lands Tribunal. You have one month to do this.

What happens if my landlord is going to sell to me?

If your landlord is going to sell to you then they will arrange for your property to be valued. You don't have to pay for this. You should then be sent an offer within two months of applying to buy.

The offer should include:

• the market value of your home
• the amount of discount that you are entitled to
• the selling price
• any conditions relating to the sale, for example responsibilities regarding repairs and improvements to areas shared with other tenants or owners, such as the stairwell
• details of any service or factoring charges.

You will then have two months to decide whether or not to accept the offer. If you leave it longer than this, you will have to start the process all over again.

Can I discuss the offer with my landlord?

Yes. If there's anything you aren't happy about or aren't sure about, you can talk to your landlord about it. Make sure the details about service or factoring charges, garden boundaries and shared responsibilities with other tenants are clear.

If you think your landlord's offer is unfair, you have one month after the offer was issued to challenge the terms. If you can't come to an agreement with your landlord, you can take your dispute to the Lands Tribunal.

If you decide to do this, you will need to get legal advice from a solicitor.

Do I have to accept my landlord's offer?

No. At any point before formally accepting the offer, you can stop the right to buy process and continue to rent as before. If you change your mind at a later date you can always re-apply.

What if I want to accept my landlord's offer?

You will need to make sure you can afford to buy the property and will be able to keep up with the other costs of owning a home.

Getting a mortgage

If you need to borrow money to buy the property, you may be able to get a mortgage.

Even if you don't need a mortgage, you should check that it is possible to get a mortgage for the kind of property you are buying. For example, some banks and building societies won't lend money for houses above the fifth floor. This could cause a problem if you want to sell the property in the future

Getting a survey

Right to buy properties don't come with home reports, so you may want to get an independent valuation or a survey done. You don't have to, but it means that you will have a good idea of the condition of your home before you take on responsibility for the repairs and maintenance.

If you are getting a mortgage, your lender will ask you for copy of the valuation report.

Accepting the offer

If you have the money and you are happy with the condition of the home, you or your solicitor can accept the offer. The sale can take up to about nine months to go through. No matter how long it takes, the selling price will still be the same as it was on the offer.

Once you have accepted the offer, this is legally binding. It means you have to go ahead. If you don't, you may be charged for any costs and inconvenience.

When can I stop paying rent?

You can only stop paying rent when you actually become the owner of the house. Make sure you do not stop paying rent before then.

When does my landlord stop being responsible for repairs?

Your landlord has to keep your property wind and watertight right up until the day that you become the owner of the house.