The opportunity for tenants of social housing to purchase their homes has long been one of the most significant paths to home ownership in England. Under the scheme commonly known as Right to Buy (RTB), many council tenants have become homeowners over the past decades. In 2024 and 2025, however, important reforms have been proposed, and in many cases implemented, that change how, when and on what terms a tenant can buy their council home. In this article we explain the new rules, who they affect, and how professional legal advice can make the process smoother.
As solicitors advising clients across England and Wales, our firm Blackstone Solicitors understands the significance of these changes. This overview will help tenants, prospective buyers and landlords appreciate the legal framework as it stands today.
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What is Right to Buy and why are the reforms happening
Right to Buy was introduced in the 1980s to give long-term social housing tenants the chance to become homeowners at a discount. Over the years millions of council and housing association homes have been sold under the scheme. However this has often come at a cost to social housing supply.
In response, the government has launched a major reform of Right to Buy aiming to balance the interests of tenants, taxpayers and local authority housing needs. The reforms were set out after a consultation that concluded in early 2025, and some changes came into force in late 2024.
These reforms are intended to both enable genuinely eligible tenants to buy their home and to protect the social housing stock now and in the future.
Key new rules for buying a council house
Here are the most important changes to be aware of if you are considering buying your council home.
Long-term tenancy requirement extended
Under the old rules a tenant typically needed to have been a public sector tenant for at least three years to qualify under Right to Buy. The reforms propose increasing that requirement significantly – from three to ten years.
This longer tenancy threshold reflects a shift towards prioritising long-standing tenants rather than relatively recent social housing recipients.
Discount calculations updated
Before the reforms tenants could expect quite generous discounts – depending on how long they had been tenants and whether the property was a house or a flat. With the recent changes, discount rates are being restructured. Under the new proposals the discount will start at 5% of the property value and then increase by 1% for each additional year of secure tenancy, up to a new maximum of 15%.
At the same time, the government has imposed stricter cash discount caps under the order that came into force on 21 November 2024. This reduces the overall discount – particularly for higher-value properties or those in expensive areas.
Exemption for newly built social homes
A further significant change is that newly built social homes will be exempt from Right to Buy for a period of 35 years. This means tenants of houses or flats in developments built today, or recently, may not be eligible to buy their home under RTB, at least for decades.
That rule aims to preserve social housing stock and prevent rapid depletion of newly constructed homes through early sales.
Greater flexibilities for councils on reinvestment
One reason given for the reforms is to support councils in delivering more social housing. Under the revised rules councils have increased flexibility about what they may do with the funds (receipts) from sold properties. For example, they may now combine RTB receipts with developer contributions under planning laws (- so-called section 106 contributions), finance affordable homes, or direct funds to new builds. The previous restrictions on how receipts could be used have been lifted, at least temporarily.
This change is designed to help councils replace housing stock more rapidly and avoid long-term shortages.
Stricter resale and discount repayment rules
The reforms also propose tightening the rules around resale of RTB-bought homes, at least in certain cases. For example, some proposals suggest extending the period during which a council might claim repayment of part or all of the discount if the property is sold.
Additionally, there is a greater emphasis on preventing abuse of the scheme: people who previously benefited from Right to Buy may not be permitted to use it again, except in exceptional circumstances — for instance, where there is a case of domestic abuse.
What these changes mean for tenants who wish to buy
Higher thresholds and less generous discounts
For many tenants the new rules mean that the path to becoming a homeowner through Right to Buy will take longer: a 10-year tenancy is now likely required instead of three. The discount they receive when eligible will also be smaller compared with the historic levels. That reduces the financial advantage of using RTB.
Newly built homes may be out of reach for decades
If your council home is part of a recent or future development, the 35-year exemption may apply. That could make it impossible to buy for a long period, even if all other criteria are met.
The scheme aims to be fairer and more sustainable
The reforms reflect a desire to strike a balance: enabling genuine long-term tenants to buy their homes, while limiting sales that might quickly drain valuable social housing stock. Councils can reinvest proceeds, rebuild and rehabilitate housing stock, and target social housing where the need is most acute.
The need for careful legal and financial advice
Given the revised eligibility criteria, the revised discount structure, and changing conditions attached to resale or repayment of discounts, it is more important than ever to seek professional legal advice before proceeding.
A miscalculation, for instance assuming a certain discount percentage, or neglecting to check whether a property is newly built, could lead to a nasty financial surprise.
How Blackstone Solicitors can support you
At Blackstone Solicitors, we assist clients across England and Wales on social housing purchases and Right to Buy transactions. Our services include:
- Reviewing your eligibility under the new rules (length of tenancy, public sector history, previous Right to Buy use)
- Advising on likely discounts and any applicable cash cap
- Checking whether the property qualifies or might be exempt (for example, if it is a newly built home)
- Examining any conditions or covenants attached to the sale (including resale restrictions, repayment obligations or restrictions on use)
- Helping with the formal application and paperwork required under council procedures
- Explaining the financial and tax consequences, including implications if you decide to sell later
We understand that every case is different. Some clients may qualify under the previous rules (if they applied before 21 November 2024), others may only become eligible many years down the line. We tailor our advice to your circumstances so that you understand clearly what you may, and may not, expect.
Practical advice for prospective buyers
If you are considering buying your council home under Right to Buy, here are some practical steps you may wish to take:
- Check your tenancy history carefully. Make sure you know exactly how long you (and any qualifying partner) have been a secure public sector tenant.
- Find out when the property was built or last significantly refurbished. New builds may be exempt.
- Estimate the likely discount. Under the new system, discounts are smaller. Make sure the purchase remains financially viable.
- Check any paperwork or notices previously served by the council. This is especially important if there are existing restrictions on resale or use.
- Seek legal advice before applying. A solicitor can help you understand your rights, your obligations, and the possible long-term consequences — especially if you plan to sell the property at any point.
Why the reforms matter
These changes mark a significant shift in the way social housing sales are handled. They recognise that social housing is a shared and limited resource. By tightening eligibility, reducing discounts and limiting resale, the reforms aim to preserve social homes while still offering long-term tenants a route to ownership.
At the same time, the reforms reflect a broader policy aim: to ensure that councils get a fair opportunity to reinvest money from sales into delivering new social housing, rather than depleting the housing stock permanently.
Conclusion
Buying a council house under Right to Buy remains a viable path to home ownership. But the landscape is changing. The reforms introduced in late 2024 and 2025 mean stricter eligibility criteria, more modest discounts, and new long-term protections for social housing stock.
If you are a council tenant considering exercising your Right to Buy, or simply wish to understand what the new rules mean for you, it is important to seek expert legal advice. Blackstone Solicitors is here to support you. We can review your individual situation, explain the pros and cons, and help you make an informed decision.
The decision to buy should never be taken lightly. With the right guidance, you can proceed with clarity and confidence in what remains a significant choice, one that could shape your home and your future for years to come.
How we can help
We have a proven track record of helping clients deal with residential law. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Property Solicitors
It is important for you to be well informed about the issues and possible implications of the right to buy scheme. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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