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Shared Ownership Conveyancing

Shared Ownership Solicitors — Buying Your Share & Staircasing to Full Ownership

Shared ownership allows you to buy a percentage share (typically 10%–75%) of a property and pay subsidised rent on the remaining share, which is owned by a housing association. It is a lease-based purchase — you receive a long lease rather than a freehold or standard leasehold. The legal documentation is specialist and complex: the lease itself, the mortgage offer conditions, the staircasing provisions, and the housing association's obligations all require expert legal review. A specialist solicitor protects your position at the initial purchase and on every staircasing step.

Initial share purchase lease Staircasing to 100% Housing association obligations Repair and service charge terms
⚠️ Mortgage lender deadline for shared ownership? Shared ownership purchases on new build developments are subject to the same 28-day exchange deadline as standard new builds. Instruct a solicitor immediately on reservation — specialist shared ownership leases take time to review thoroughly.

How Shared Ownership Works

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Initial share purchase — you purchase a percentage of the property (usually 10%–75%) by taking out a mortgage on your share and paying rent on the remainder. The rent is set by the housing association and is typically at a subsidised rate compared to the open market. You receive a lease — typically 99 or 125 years — and become a leaseholder responsible for your own repairs and contributing to service charges for the building.
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Staircasing — you can buy additional shares over time (staircase) in tranches, reducing your rent proportionally. Under the new model lease (post-April 2021), you can staircase in 1% increments. Most properties allow staircasing to 100%, at which point you own the full property and the lease is converted to freehold (or you continue as a full leaseholder, depending on the property type).
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First right of refusal — until you have staircased to 100%, the housing association usually has the right to find a buyer if you want to sell. You must first offer the property back to the housing association's approved nominees. Only if no buyer is found within 8 weeks can you sell on the open market. Your solicitor reviews these nomination rights carefully.
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Repair obligations — unlike some private sector leases where the landlord is responsible for repairs and you pay service charges, a shared ownership leaseholder is typically responsible for all internal and external repairs. The lease sets out these obligations and you must comply with them throughout the term. A solicitor explains these obligations before you purchase.

Issues Your Solicitor Reviews in the Shared Ownership Lease

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Lease length — a shared ownership lease should be at least 125 years (often 999 years on newer developments). A short lease on a shared ownership property is particularly problematic because mortgage lenders require adequate residual lease length. Your solicitor checks the starting lease length and the remaining term at any staircasing step.
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Service charges and ground rent — the lease sets out the service charge mechanism. Under the Leasehold Reform (Ground Rent) Act 2022, new shared ownership leases cannot charge a ground rent above a peppercorn. Your solicitor reviews the service charge provisions to check they are reasonable and that the housing association's administration obligations are clear.
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Forfeiture clause — a shared ownership lease contains a forfeiture clause (right for the landlord to end the lease for breach). This is a significant risk: if you fall into arrears on the rent or service charges, the housing association can seek forfeiture and you could lose your entire equity stake. Your solicitor explains the forfeiture provisions and how they can be avoided.
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Mortgage lender requirements — not all lenders offer mortgages on shared ownership properties. Those that do have specific requirements about the housing association's standing, the lease terms, and the repair obligations. Your solicitor confirms that the lease satisfies the lender's requirements before exchange.

Frequently Asked Questions

What is staircasing and how does it work?

Staircasing is the process of buying additional shares in your shared ownership property, reducing the rent you pay proportionally. You can staircase in stages — traditionally in tranches of at least 10%, or under the post-April 2021 model lease in 1% increments. Each staircasing step requires a valuation of the property, a new mortgage offer (if applicable), and a legal transaction. The housing association sells the additional share at the current market valuation. A solicitor manages each staircasing transaction.

Can I sell a shared ownership property?

Yes, but the housing association usually has a right to find a buyer for a specified period (typically 8 weeks) before you can sell on the open market. This is called the nomination period. During this period, the housing association may identify an approved purchaser who meets the eligibility criteria for the scheme. If no buyer is found, you can sell to any buyer on the open market. A solicitor advises on the nomination process and manages the sale.

Is Stamp Duty Land Tax payable on a shared ownership purchase?

Yes — but there are two approaches to SDLT on a shared ownership purchase. The "market value election" pays SDLT on the full market value at the outset, treating the future rent as exempt. The "staircasing approach" pays SDLT on the initial share value at purchase, and further SDLT becomes payable when staircasing to certain thresholds. First-time buyers may benefit from SDLT relief. Your solicitor advises on which approach is more beneficial for your circumstances.

What happens if I fall behind on my rent?

Rent arrears on a shared ownership lease are serious — the housing association has the right to forfeit the lease for persistent non-payment of rent, which would mean you lose your equity stake entirely. The courts have discretion to grant relief from forfeiture, but a solicitor must act quickly to make the application. The best protection is to contact the housing association immediately if you have difficulty paying and to seek legal advice at the first sign of a problem.

Can I make improvements to a shared ownership property?

Subject to the lease terms and the housing association's consent. The lease will set out what alterations are permitted and what consents are required. Structural alterations typically require the housing association's written consent. Improvements that add value may affect the valuation on staircasing — which can be beneficial or detrimental depending on the market. A solicitor advises on the alteration provisions when you purchase.

How It Works

One clear request. A shared ownership solicitor contacts you.

Shared ownership leases are complex and lender requirements are strict. A specialist solicitor reviews every term, explains your obligations, and manages the purchase and every staircasing step correctly.

Submit Your Request
1

Tell us your purchase

Describe the property, your initial share, the housing association, and your mortgage lender.

2

Matched to a specialist

We connect you with a conveyancing solicitor experienced in shared ownership transactions.

3

Purchase completed

Your solicitor reviews the lease, satisfies lender requirements, and completes the purchase or staircasing step.

Take Your First Step onto the Ladder

Buying under shared ownership? Get expert legal help for your lease.

Shared ownership leases carry significant obligations and complex lender requirements. A specialist solicitor reviews every term, explains your rights and obligations, and manages the transaction from start to finish.

Submit Your Request

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