
Shared Ownership
Purchasing a shared ownership property is a great way to get your foot on the property ladder. With shared ownership, you can purchase a share of a property whilst paying rent on the remaining share. Once you own a share, you are able to buy further shares in the property.
Shared ownership properties are government funded. The Housing Association will sell a percentage of the property to you and own the remaining percentage. You will pay rent to the Housing Association on the share you do not own. In the future, if you wish to, you can purchase more shares of the property from the Housing Association; this is called staircasing. You can purchase New Build shared ownership properties (brand new homes) or resale properties (second hand homes).
Once you have found the property you wish to purchase, you will need to pay your reservation fee to the developer. You then instruct New Homes Law to act on your behalf. To review our fee schedule, please click here.
New Homes Law “New Build” Shared Ownership Steps
Step 1
Receive instruction, identification and monies on account from the client
Await contract papers from the HA solicitor
Request proof of deposit funds from the client
Apply for all required searches
Step 2
Prepare the client contract report and send to the client for review and signing
Answer any enquiries raised by the client
Step 3
Where the client is obtaining a mortgage, a copy of their mortgage offer must be received at this point.
Send a copy of the client’s mortgage offer to the HA or HA’s solicitor for approval
Prepare a mortgage report and send it to the client with the mortgage deed for signing
Await mortgage approval and return of all client documentation
Step 4
Once we are in receipt of the mortgage approval from the HA or HA’s solicitor, together with all signed documentation from client and their exchange deposit, we will request the client’s authority to exchange contracts either on notice, if handover has not taken place, or with a fixed completion date, if handover has taken place
Step 5
Once authority has been received from client we will exchange contracts with HA’s solicitor. Client then becomes legally committed to their purchase and failure to complete their purchase could result in the loss of their exchange deposit together with them incurring additional interest bearing charges
Step 6
Inform the client that the exchange of contracts has taken place
Send the lease or transfer to the client for signing (At this point, contact from us will lessen until nearer the completion date; however, we remain available to answer any question(s) raised)
Await notice of completion to arrive from HA or HA’s solicitor if a fixed completion date has not already been set
Step 7
Once a completion date has been set we will send the client a completion statement confirming the balance of funds required from them to complete
Request mortgage advance from the lender for the completion date
Carry out necessary pre-completion searches, i.e. bankruptcy, K16
Step 8
Once all funds have been received from the client and their mortgage lender, we will send the full completion funds to either the HA directly or the HA’s solicitor
Once we have received confirmation from HA that the completion funds have been received, legal completion has taken place
The Client can then collect their keys at a time agreed with the HA
Eligibility
Shared ownership is the longest established affordable home ownership product. It gives you the chance to buy a share of a property whilst paying rent on the remaining share. To purchase a shared ownership home in England you need to be either a first-time purchaser, an existing shared owner looking to move, or you previously owned a home but cannot afford to buy a new one.
To qualify for the Shared Ownership Scheme, you will need to apply via the Housing Association (HA) or council in the area you want to live. This application process will include a criteria assessment which covers financial and current living arrangements. Once completed and approved you will be able to reserve a shared ownership property.
With Shared Ownership, you can buy between 25% and 75% of a new build property, depending on what you can afford based on your savings and mortgage. You can also buy a pre-owned shared ownership property from someone living in a shared ownership property; this is known as resale. In this case, you would buy the share the person currently owns or more if you can afford to do so.
To be eligible for shared ownership, applicants must have a household income of less than £80,000.00 or £90,000.00 in London and be otherwise unable to purchase a property suitable to meet their housing needs on the open market. You need to have a good credit history, not own a property, orbe part of a property at the time of completing on your purchase and have a deposit to be able to secure a mortgage and to cover buying costs. Some Ministry of Defence personnel will be prioritised for the shared ownership scheme, but there are lots of properties offered under shared ownership.
At a later stage, if you want, you can purchase additional shares known as staircasing.
Buying a Shared Ownership Property
Once you have been assessed and approved as eligible to buy a shared ownership property you can start your search for your perfect home. Once you have found a property you like, you will be able to complete an expression of interest on your preferred property. The Housing Association / Local Authority will then assess your application against your eligibility and need and the criteria they are required to abide by within the planning application for the development.
Once successful, you will complete a reservation form and pay a reservation fee.
After agreeing a purchase, you will be provided with a list of suggested conveyancers. From this list, you will be asked to appoint a conveyancer who will then represent you which you must do within a few days.
The Housing Association will send a Memorandum of Sale to your chosen conveyancer and their own conveyancer, which will begin the process of purchasing your Shared Ownership property.
You must also contact a Mortgage Broker to arrange your mortgage. The Memorandum of Sale will require you to exchange contracts within 28 days. If you fail to achieve this the property may be remarketed. At the exchange of contracts your solicitor will be agreeing a completion date if you are buying a pre-owned property or on a new build still being built, you will exchange with completion ‘on notice’, which means the purchase process will take longer to complete. Once the property has been completed, notice will be served by the Housing Association’s conveyancer to us and completion of your home purchase will take place within approximately 5-10 working days.
Shared Ownership Lease
Regardless of whether you purchase a house or a flat, Shared Ownership homes will have a lease. The lease is a standard Government Homes and Communities Agency (HCA) lease.
The lease is a legally binding contract between you, the leaseholder, and the Landlord (often the Housing Association). As with most residential leases, the lease covers the rights and responsibilities of the Landlord, you the leaseholder, what you can and can’t do. With a shared ownership lease it will also cover how your rent is reviewed, how to staircase and how to sell. The lease will also contain items specific to your scheme which will vary from scheme to scheme.
Buying any property, if you fail to keep up the repayments on your mortgage, your Lender will require the Landlord to enter into an agreement of undertaking prior to completion. This agreement means that your mortgage lender, can in the event of you defaulting on your mortgage, and they wish to repossess and sell the property have the right to do so and both you and the Landlord will usually lose out financially.
Rent reviews
As a Shared Ownership leaseholder, you will own a share in your property, for the share you don’t own, you will need to pay rent. The rent in the first year of a new build property will be up to 3% and will be confirmed on the Memorandum of Sale. For a pre-owned property the current rent in that financial year will be stated if you are buying the same share as the current owner or a reduced amount based on additional share you buy more than what the current owner had.
Your lease will confirm the rent reviews which will take place periodically, usually every April and will increase in line with the Retail Price Index.
The rent is reviewed on an upwards only basis, which means it will not go down when reviewed. Your Shared Ownership lease will provide an example of how this works.
Stamp Duty Land Tax (SDLT)
You must pay Stamp Duty Land Tax (SDLT) if you buy a property or land over a certain price in England and Northern Ireland. The tax is different if the property or land is in Scotland or Wales. Please refer to the government website for guidance on the same, as this is always subject to change: – www.gov.uk/stamp-duty-land-tax
You pay Stamp duty when purchasing a freehold property, a new or existing leasehold, a shared ownership property, a transfer of property in exchange for a payment. If your stamp duty is for nil consideration, a stamp duty return form must still be submitted to the HMRC. If you would like to calculate what your stamp duty will be, please refer to the following: – Stamp Duty Land Tax: Residential property rates – GOV.UK