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Affordable housing

Selling your affordable home

If you decide you want to sell your affordable home, you can use our guide below.

This guidance to owner/occupiers of properties is subject to affordable housing provisions.  It is not intended to be legal advice, and any owner/occupier looking to sell or otherwise dispose of a property in this category should seek independent legal advice at the earliest opportunity to avoid delays in the sale process.

Stage

Action

Check Section 106 or Planning Condition

The Section 106 agreement attached to your property will normally provide the information you need to sell your house, including; obtaining a valuation, stating the maximum percentage of the market value you are able to advertise and sell your home, who can buy the property and that the purchaser will normally have to be approved by the council.

If you need help to understand the terms of your Section 106, you can consult your solicitor for advice.

A copy of the Section 106 Agreement affecting your property will have been provided on your purchase and should be with your deeds. Your solicitor will need a copy as soon as possible.

Contact Planning.policy@wyre.gov.uk for general information or to understand how to obtain an online copy of your Section 106.

Valuation

Your first step will usually be to get an independent Royal Institute of Chartered Surveyors (RICS) registered chartered surveyor to provide an open market valuation for your property (but please check the provisions of the Section 106 Agreement carefully as each one can differ slightly). This will be at your cost.

It is recommended that the open market valuation (100%) and the discounted market value (usually 80%) be stated for the named property in any report.

It is recommended that you use someone local as they will understand the local housing market and have experience of valuing properties in the area.

Checking the valuation

The seller (or their solicitor) must provide the council with the valuation report, a copy of the Section 106 Agreement, together with up to date office copy entries from the Land Registry. The council will provide written confirmation whether the valuation is deemed acceptable.

Marketing the property

Once the valuation has been agreed and confirmed in writing by the council, the property can be placed on the market.

Sales particulars need to stipulate that the property is an “affordable home”, “subject to a Section 106 Agreement of planning condition” and that “buyers must be approved by Wyre Borough Council”.

Please ensure that you check the Section 106 Agreement or the planning condition carefully prior to putting your home on the market as there might be other criteria, particularly if your home is Shared Ownership or Shared Equity, that you need to be aware of. Your solicitor will be able to assist if you need clarification.

Marketing the property

Any interested buyers will need to undergo an eligibility check by the council.

The potential buyer can request a discount market housing application form for the named property by contacting Planning.policy@wyre.gov.uk

Once the council has received all the documentation required from the applicant, processing an application can take up to 15 working days.

The purchaser will be notified in writing of the council’s decision. If the applicant is approved, a decision letter will be issues so that the sale/purchase can proceed.

Depending on the requirements of the Section 106 Agreement or planning condition, either the seller and/or buyer, may be required to complete a deed of covenant (your solicitor will advise). If a Deed of Covenant is required, requests can be sent to Planning.policy@wyre.gov.uk who will instruct the council’s legal department. Any request for a Deed of Covenant must include:

  • The decision letter
  • A copy of the Section 106 Agreement or planning condition
  • Up to date office copy entries for the property, in order to avoid delays.

Struggling to sell your home?

Buying and selling homes can be stressful and selling any home can take a while. However, contained in most Section 106 Agreements there is a process called 'cascading' which may help you to find a buyer. Before beginning the cascade process, you should make sure that you are doing all you can to promote your property. You will need to inform the council what has been done to market your home.

All Section 106 Agreements are different and there may have been many variations over time. If you are unsure whether yours contains a cascade process, contact your solicitor for advice.

 

 

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