
1 

(1) This Order may be cited as the Right to Purchase (Application Form) (Scotland) Order 2011 and comes into force on 1st March 2011.
(2) The Right to Purchase (Application Form) (Scotland) Order 2002 is hereby revoked.
2 
The notice to be served under section 63(1) of the Housing (Scotland) Act 1987 (application to purchase) shall be in the form prescribed in the Schedule to this Order.
ALEX NEIL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
10th February 2011
SCHEDULE
Article 2
1 
In this form you will have given information in support of your application. It may therefore be helpful if you could have to hand any documents which you think are relevant (such as birth/marriage certificates) in case they are asked for by your landlord. If you have served in the Armed Forces, and you are claiming time entitlement for this period, you may be asked to provide your service record.
2 
As a result of provisions in the Housing (Scotland) Act 2001, landlords are entitled to refuse a right to buy application if the applicant has arrears of rent, council tax or water and sewerage charges (whether it be for the current property or a previous address).
(a) If your landlord is the local authority, housing staff will take the necessary steps to check that you have no outstanding arrears at the time of application.
(b) If your landlord is a registered social landlord (such as a housing association), they will check their records to ensure that you owe no outstanding rent. However, you must obtain a certificate from your local authority confirming that you have no arrears of council tax or water and sewerage charges, which you should then present to your landlord when you submit this form. Please note that if you request such a certificate from your local authority, they must issue it to you – free of charge – within 21 days. Such a certificate will then be valid for one month. If you fail to provide the relevant certificate your landlord is entitled to refuse your application.
3 
Your landlord must reply to your application either by letting you have an offer to sell or a refusal. If your landlord refuses because they do not agree that you have the right to buy the house, the refusal notice must be given within one month of your application. Reasons must be given for a refusal. In other circumstances, your landlord has to reply within 2 months of your application being served.
4 
If your landlord delays—
(a) by not issuing an offer to sell within 2 months; or
(b) in delivering a good and marketable title to the property,in certain circumstances you may be able to count rent paid toward the purchase price. In either case please consult “Your Right to Buy your Home – a guide for Scottish secure tenants” booklet.
5 
If—
(a) you are not satisfied with the terms of the offer, or
(b) you do not agree with your landlord’s refusalyou can refer the matter to the Lands Tribunal for Scotland, George House, 126 George Street, Edinburgh EH2 4HH.
6 
Once you have decided to buy your home, you will have to consider how to raise the money. To obtain a mortgage you might apply to a building society, a bank or other financial institution. Whatever means are most suitable to you in buying your property, you are advised to think carefully about the financial implications of the purchase and consider/investigate the different options as soon as possible.

 Agriculture and Food Research Council
 The Armed Forces
 British Airports Authority
 British Coal Corporation
 British Gas Corporation
 British Railways Board
 British Steel Corporation
 British Waterways Board
 Central Electricity Generating Board
 Civil Aviation Authority
 Commission for the New Towns
 Commissioners of Northern Lighthouses
 Countryside Council for Wales
 The Electricity Council
 The English Sports Council
 A Fire Authority
 Forestry Commission
 A Health Board
 Highlands and Islands Enterprise
 HM Coastguard
 A Housing Co-operative in Scotland, England or Wales
 Housing Corporation
 The landlord of a former employee of a local authority managed school, where the house was occupied to enable better performance of the employee’s duties, and the employee has transferred from the employment of the local authority to the employment of the landlord
 Local Authorities
 Medical Research Council
 Ministry of Defence
 National Bus Company
 National Health Service Trusts
 National Rivers Authority
 Natural Environment Research Council
 Nature Conservancy Council for England or English Nature
 New Town Development Corporations or other development corporations
 North of Scotland Hydro Electric Board
 Northern Ireland Housing Executive
 A person providing accommodation to a tenant whose previous tenancy ended because their house was to be demolished
 A person providing accommodation to a tenant whose previous tenancy was terminated by court order in certain circumstances, or whose landlord was required to make other suitable accommodation available to them
 A Police authority
 The Prison Service
 A Registered Housing Association
 A Registered Social Landlord
 Science and Engineering Research Council
 Scottish Natural Heritage
 Scottish Special Housing Association and Scottish Homes
 Scottish Sports Council
 Scottish Transport Group
 South of Scotland Electricity Board
 Sports Council
 Sports Council for Wales
 State Hospital in Scotland or a Special Hospital in England or Wales
 Trinity House
 United Kingdom Atomic Energy Authority
 United Kingdom Sports Council
 A Water Authority or Scottish Water
 Waverley Housing Trust Limited
 WESLO Housing Management
 Any other Government Department or Minister of the Crown