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Shared ownership conveyancing

A shared ownership purchase involves a third party the standard process does not — and that changes both the legal work and the timeline.

You are buying a leasehold share of a property from a housing association or registered provider, not the whole freehold from a private seller. Your solicitor has to review the lease and the provider’s own requirements alongside the usual searches and enquiries, and the provider has to approve the sale. That extra party is the main reason shared ownership transactions typically take longer than a straightforward purchase.

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What your solicitor does differently

The lease review is more involved than on an ordinary leasehold flat. Shared ownership leases set out how much of the property you own, what rent you pay on the remainder, how you can increase your share later, and what happens if you want to sell. Your solicitor should explain each of those to you rather than simply confirming the lease exists.

They will also deal with the housing association directly — obtaining its pack, satisfying its conditions, and confirming it consents to the sale and to your mortgage. Most providers have their own requirements about the mortgage product and lender, and a solicitor who has not handled shared ownership before can lose weeks discovering them.

Staircasing and selling later

Increasing your share is called staircasing, and it is a separate legal transaction each time, with its own valuation and legal fees. Your lease sets the rules — the minimum share you can buy, whether there is a limit, and how the price is determined.

Selling is also different. Most shared ownership leases give the housing association a period in which to find a buyer before you can market the property openly. That is worth understanding at the point of purchase, not at the point of sale.

Stamp duty on shared ownership

You have a choice on a first purchase: pay stamp duty on the full market value of the property up front, or pay in stages as you staircase. Which works out better depends on the value, your share, and whether you expect to staircase — and the election, once made, cannot be undone.

This is a decision worth taking properly rather than defaulting into. Your solicitor should set out both routes; if the figures are finely balanced, take accountancy advice.

What to watch for

  • !Housing association response times are outside your solicitor’s control and are the most common source of delay
  • !Some lenders will not lend on shared ownership at all, and others restrict the minimum share
  • !The lease may restrict subletting entirely, which matters if your circumstances might change
  • !Service charges and rent on the unowned share are separate from your mortgage and both can rise

Common questions

How long does shared ownership conveyancing take?

Longer than a standard purchase, because the housing association has to approve the sale and provide its pack. The variable is the provider rather than the solicitor — some respond in days, others in weeks. Ask your solicitor early what they are waiting on so delays are visible rather than silent.

Do I need a specialist shared ownership solicitor?

You need one who has done it before. The lease terms, the provider’s requirements and the stamp duty election are all specific to shared ownership, and a firm meeting them for the first time on your transaction will be slower and more likely to miss something. When comparing quotes, ask directly how many shared ownership cases the firm handles.

Is shared ownership conveyancing more expensive?

Usually somewhat, because there is more work — the lease review, the provider’s pack and its conditions. Fixed-fee quotes should state clearly whether the shared ownership supplement is included, so compare the total rather than the headline figure.

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This page explains the general conveyancing process and is not legal advice. Your own circumstances, lease or contract may differ — rely on the advice of your appointed conveyancer.

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