Right to Buy
The Housing (Scotland) Act 1987 is the legislative basis for the Right To Buy and has enabled thousands of tenants over the years to become homeowners. Argyll Community Housing Association tenants continue to have those rights.
Deciding to buy your house is a major decision and you should research the costs which you will incur during the process, for example solicitor’s fees and survey fees if your lender requires them.
After completion of the sale you will also be responsible for maintaining buildings insurance and all maintenance & repairs costs for your property and for your share of costs of maintenance for common repairs, common grassed areas and drying areas in accordance with the terms of your title deeds.
The Association offers a Factoring Service to private owners, further information on the factoring service can be viewed under Factoring on our web site.
Before you apply to buy you should consider how you will finance the purchase of your home. You should find out if you can get a mortgage and how much you can borrow. You may wish to seek independent financial advice to help you decide on the most suitable mortgage for you.
You should also note that when your application is accepted the Association is only responsible for carrying out emergency repairs to your property. If you subsequently withdraw from the process then any repairs reported will be undertaken in accordance with the terms of your tenancy agreement.
The Housing (Scotland) Act 2001 amended certain parts of the 1987 Act and made substantial changes to the right to buy scheme. These changes came into force on 30th September 2002 along with the introduction of the new Scottish Secure Tenancy.
There are currently two different sets of rules relating to the right to buy. Your entitlement to the right to buy and whether you qualify for the original/preserved (old) or modernised (new) right to buy, depends on when your tenancy started.
There are also certain situations where you will not have the right to buy even if you have a Scottish secure tenancy, e.g if you are in what is designated as a sheltered home.
In addition, the introduction of the Housing (Scotland) Act 2010 which came into force on 1st March 2011 introduced further changes to the Right to Buy, although not to existing rights or entitlements.
As from the 1st of March 2011 the Right to Buy is removed from;
* New build and new supply social housing (houses built or acquired after 25th June 2008).
* People who take up a tenancy with a social landlord for the first time.
* With some exceptions- tenants who return to the social rented sector after a break
Pressured Area Status
Under the Housing (Scotland) Act 2010 a local authority was granted powers to determine Pressured Area status. Argyll and Bute Council has granted Pressured Area status to a number of locations throughout Argyll (detailed below) with effect from and including 31st January 2012.
The Pressured Area status does not remove the right to buy from tenants where they have the right to buy but suspends it for the 10 year period to 2022. The right to buy may be reinstated from 1st February 2022. In the meantime tenants will accrue years on the right to buy during the period of suspension, if they are eligible. There is no right of appeal provided for in the legislation and therefore applications affected by this will be declined.
The areas affected are;
COWAL- Ardentinny, Blairmore, Colintraive, Dunoon/Kirn, Glendaruel, Innellan, Kames/Tighnabruiach, Kilmun, Lochgoilhead, Sandbank, Strachur, Strone, Toward.
MID ARGYLL - Lochgilphead, Achahoish, Ardrishaig, Cairnbaan, Clachan, Crinan, Ford, Furnace, Inveraray, Kilmichael/Glassary, Minard, Tarbert.
ISLAY, JURA and COLONSAY – Ballygrant, Bowmore, Bridgend, Bruichladdich, Keills/Port Askaig, Port Charlotte, Port Ellen, Portnahaven, Jura, Colonsay.
LORN - Oban, Appin, Barcaldine, Bonawe, Clachan Seil/Easdale, Connel, North Connel, Dalmally, Dunbeg, Kilchrennan, Kilmore, Kilmelford, Kilninver, Lochawe, Taynuilt, Luing.
MULL and IONA – Bunessan, Craignure, Salen/Aros, Tobermory.
COLL and TIREE – Coll, Tiree
HELENSBURGH and LOMOND – Arrochar, Cardross, Garelochhead, Kilcreggan, Helensburgh, Luss, Rhu, Rosneath.
NB The island of Bute and areas within Kintyre are not included
Applying to buy your home
Further information on the right to buy process and the changes brought about by the Acts can be found in the booklet published by the Scottish Government entitled “Your Right to Buy Your Home” – a guide for Scottish Secure Tenants by clicking on the link at the bottom of this page.
Application to Buy Your Home ( Form APP2) is available to be printed by clicking on the link at the bottom of this page.
You should also note that as the application form is part of the legal documents to purchase your home it cannot be completed electronically, only hard copy forms can be accepted.
Please ensure that when you return your completed application that you enclose the following:
* A valid council tax certificate demonstrating that you have no council tax arrears (note: the certificate is only valid for 1 month from date of issue)
* Proof of previous tenancies with relevant landlords you wish to claim (If not with the Association or Argyll & Bute Council)
And ensure that:
* Your rent account is clear or in credit
* You have no tenancy related debts
* Your application has been completed and signed at all the appropriate sections.
Completed applications along with the required information should be returned to the Right to Buy Section, Finance & IT, Argyll Community Housing Association, Dalriada House, Lochgilphead, PA31 8ST.
An additional Information sheet on obligations/requirements as an owner can be viewed on the link at the bottom of the page.
If you experience any difficulties in accessing the information or require printed versions or have any questions regarding your right to buy or the right to buy process please contact the Right Buy Section on (01546 605819).
Right to Buy Links
Your Right to Buy Your Home booklet – a guide for Scottish Secure Tenants
Application to Buy Your Home (Form APP2)
Right to Buy Information Sheet