Providing comprehensive advice and guidance on shared ownership, helping you take a valuable first step in home ownership.
Shared ownership is an excellent way to get on the property ladder. It involves purchasing a percentage of the equity in the property, while the freehold remains in the ownership of a landlord, a local authority or a housing association.
Whether you are purchasing a leasehold or freehold property, we are able to help, assisting you with considerations such as stamp duty land tax, landlord approval, mortgage lender awareness, and paying rent to the landlord on the percentage they retain. We can also help you with final staircasing, where you purchase further shares in the property up to 100% of the property. Read our frequently asked questions below for more information on shared ownership.
There are a number of things to consider when buying a shared ownership property:
Most new developments have affordable housing schemes sold under shared ownership leases
On a newbuild property there is likely to be a document fee (this can be up to £200) payable to the landlord's solicitors for the production of the lease documents.
Where there is an existing lease, we will need to ensure that the current lease meets the requirements of the current HCA standard.
Landlords will have particular requirements where an existing lease is transferred. It may require additional licence to assign granted by the landlord. It may be possible to have a staircasing of a further share at the same time.
If the property is a leasehold flat or freehold on an estate where there is a management fee payable be aware that you may also be required to pay a service charge or management fee in addition to the specified rent.
Contact us as soon as you are approved by the landlord, and we can advise on the next steps.
Shared Ownership is where the freehold (the "bricks and mortar") of a property remains in the ownership of a Landlord (either local authority or housing association) who grants a shared ownership lease of a percentage of the equity in the property.
Buying such a lease means you effectively own the percentage of the equity within the Lease and pay rent to the Landlord on the percentage that they retain.
In due course you can purchase further shares in the property up to 100% of the property (do note that some schemes limit the amount the upper percentage to 80%). The purchasing of further shares is known as "Staircasing".
A shared ownership lease refers to the gross rent - being the full rent on the property - and Specified Rent - the proportion that you will pay on the percentage of the property retained by the landlord.
It is possible to buy a shared ownership lease on both freehold (houses) and leasehold (flats) properties. At final staircasing of a leasehold property you will obtain the leasehold title of the flat.
Stamp duty land tax is calculated on the premium of the property. You can elect to either pay on the initial Lease premium and rent (if the premium is less than £125,000 there would be no stamp duty land tax payable but you may have to pay when purchasing the final staircasing 100%) - you can elect to pay on the full market value of the property at the outset and would then have no further liability on further purchases of shares. We can advise you on this.
Susie Murray
Partner and Head of Residential & Rural Property
+44 (0)1392 333723 s.murray@ashfords.co.uk View more
Carl Langley
Legal Director
+44 (0) 1392 333725 +44 (0) 7702 565034 c.langley@ashfords.co.uk View moreWe are lawyers you can count on to deliver. If you’d like to find out more about our services and whether we can help you, click the button below and get in touch.
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