selling

Selling a Right to Buy home: repaying the discount and the first refusal rule

Selling a Right to Buy home in England: when you repay the discount, the five year scale, the 10 year first refusal rule, and how Scotland and Wales differ.

4 min read
Last reviewed 4 November 2026
By Your Property Check team

Part 1 of 7

General information, not advice

This guide is mostly about England, where Right to Buy is still available. Scotland and Wales ended the scheme and have their own rules for existing owners. It is general information, not advice, so check your own title deeds with a solicitor. See our terms. We read the sources on 4 November 2026.

Part 2 of 7

The rules by nation

Nation	Scheme status	Discount repayment period	First refusal	Source
England	Still available to eligible tenants	5 years, on a sliding scale	10 years, to your old landlord or another social landlord	GOV.UK
Scotland	Ended on 31 July 2016	Check your own title	Check your own title	Scottish Government
Wales	Abolished on 26 January 2019	Check your own title	Check your own title	Welsh Government

GOV.UK says there are different rules for Wales, Scotland and Northern Ireland. We have not read an official page that sets out what applies to a person who bought under the old schemes in Scotland or Wales, so we do not state it. Your title deeds and your solicitor will show any conditions that bind your home.

Part 3 of 7

Repaying the discount in England

GOV.UK says you will have to pay back some or all of the discount you got if you sell your Right to Buy home within 5 years of buying it. The amount falls each year:

Year of sale	Share of the discount you repay
Year 1	All of it
Year 2	80%
Year 3	60%
Year 4	40%
Year 5	20%

GOV.UK adds that the amount you pay back depends on the value of your home when you sell it. After 5 years this repayment no longer applies, but the first refusal rule below can still bind you.

Part 4 of 7

How big the discount can be

GOV.UK says that after 3 to 5 years as a public sector tenant, the discount is 35% for a house and 50% for a flat. After 5 years it rises by 1% for each extra year for houses and 2% for flats. The maximum is the lower of 70% of the value of the property or a regional cap, which GOV.UK lists by region. Because the repayment is tied to the discount, a larger discount means a larger potential repayment.

Part 5 of 7

The first refusal rule

GOV.UK says that if you sell within 10 years of buying through Right to Buy, you must first offer the home to your old landlord or another social landlord in the area. The price should be the full market price agreed between you and the landlord. If you cannot agree, a district valuer sets it and you do not pay for the valuation. If the landlord does not agree to buy within 8 weeks, you can sell to anyone.

GOV.UK also says your former landlord may limit who you can sell to if your home is in a national park, an area of outstanding natural beauty, or an area the government designates as rural for Right to Buy. For example, you may have to sell to someone who has lived or worked in the area for more than 3 years. GOV.UK warns that this may make it harder for the buyer to get a mortgage.

Part 6 of 7

What buyers of an ex-council home should check

If you are buying an ex-council house or flat, check the title and the history. Ask the seller's solicitor whether the first refusal period has ended, whether any discount repayment is still due, and whether any restriction affects the sale. If the home is a flat, it is likely to be leasehold, so read our guide to checking freehold or leasehold and the glossary entries for freehold and leasehold. Check the title for restrictive covenants too. Lenders have their own policies, so ask a mortgage broker early. Price Paid Data from HM Land Registry excludes Right to Buy sales at a discount, as our guide to Land Registry sold prices explains, so a first sale may not appear in sold price searches.

Part 7 of 7

Steps if you are selling

Work out how many years since you bought, and what discount you received.
Ask your solicitor to confirm whether repayment or first refusal applies.
If first refusal applies, offer the home to the landlord first, and note the 8 week period.
Plan the repayment into your net proceeds before you commit to a price.
Compare routes with the sale method comparison.

Shared ownership works differently, with its own rules on selling, which we cover in a separate guide on selling a shared ownership home.

Our take

Work out the repayment before you list

Sell a Right to Buy home in England within 5 years and you must repay some or all of the discount. Sell within 10 years and you must first offer it to your old landlord or another social landlord. Our view: do both calculations before you market the home, not after you have an offer.

Our sale method comparison compares auction, estate agent and cash buyer on net proceeds and timescale, so you can set the repayment against each route. It is a free way to see what you would keep before you decide how to sell.

Compare sale routes

Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

Do you have to repay the discount if you sell?

In England, GOV.UK says you must pay back some or all of the discount if you sell within 5 years of buying. After 5 years there is no discount repayment, though first refusal can apply for 10 years.

How long does repayment last?

5 years. GOV.UK says you repay all of the discount in year one, then 80%, 60%, 40% and 20% in years two to five. The amount depends on the value of the home when you sell.

Can a buyer get a mortgage on an ex council house?

Lenders have their own policies, so ask a broker. GOV.UK warns that sale restrictions in designated rural areas may make it harder for a buyer to get a mortgage.

Is Right to Buy still available in Scotland and Wales?

No. The Scottish Government says Right to Buy ended in Scotland on 31 July 2016, and the Welsh Government says it was abolished throughout Wales on 26 January 2019. It remains available in England.

What is the first refusal rule?

GOV.UK says that if you sell within 10 years of buying through Right to Buy in England, you must first offer the home to your old landlord or another social landlord. If they do not agree to buy within 8 weeks, you can sell to anyone.

Where this comes from

Sources

Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.