Help to Buy & Shared Ownership

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Help to Buy & Shared Ownership

Shared Ownership remains a popular and accessible route onto the property ladder, helping many buyers take their first step towards home ownership. While Shared Ownership and existing Help to Buy arrangements can reduce some of the financial barriers associated with buying a property, they often involve additional legal requirements, documentation, and third-party approvals.

Our experienced conveyancing team regularly advises buyers on Help to Buy and Shared Ownership. We work closely with developers, Housing Associations, lenders and scheme administrators to help ensure transactions progress smoothly and efficiently.

Whether you are purchasing your first home, buying a new build property, or increasing your share through staircasing, we provide clear guidance, proactive communication and expert legal support throughout the process. Our goal is to simplify complex transactions, protect your interests and help you move into your new home with confidence.

Although now closed to new applicants, we continue to support sellers and clients who are remortgaging properties that have a Help to Buy charge over their property. The Help to Buy scheme was designed to help buyers, particularly first-time buyers, purchase a home with a smaller deposit and more accessible borrowing options. Our experienced conveyancing teams work closely with Homes England to ensure the transaction progresses smoothly and all deadlines are met. The legal process often involves additional documentation and reporting requirements beyond a standard sale or remortgage. Our role is to guide you through every stage, explaining the process clearly, protecting your interests and helping to minimise delays. Our team provides proactive support, clear communication and expert legal advice from instruction through to completion.

Shared Ownership allows you to purchase a share of a property while paying rent on the remaining share owned by a Housing Association. It can provide a more affordable route into home ownership by reducing the size of the mortgage required.
These transactions are often more complex than a traditional property purchase. Multiple parties may be involved, including Housing Associations, management companies, freeholders, lenders and their legal representatives. The legal documentation can also be significantly more detailed, particularly where leasehold arrangements apply.
Our conveyancing solicitors have extensive experience acting on Shared Ownership purchases, sales and staircasing transactions. We regularly deal with Housing Association approvals, leasehold documentation, title investigations, complex enquiries and registration requirements.
We can also advise on staircasing, allowing you to increase your share in the property over time and move towards full ownership where available.
With a proactive and practical approach, we help buyers navigate the complexities of Shared Ownership and complete their transaction as efficiently and smoothly as possible.

Key contact

Rosanna Leist PNG
Rosanna Leist
Senior Solicitor

What our clients say about us

I can honestly say that i have never received such good service from a solicitor ( and I’ve bought and sold many houses!!) as I have from Leo. He has been so professional, responsive and pro-active - it has made a huge difference to us during this process. I do hope that you recognise him for such good service and advice. Many thanks to all.

I recently used Herrington Carmichael Solicitors for the sale of a house and was very impressed with the service. This is the second time I’ve used them, and once again the team were polite, efficient, and kept me well informed throughout the whole process. Communication was clear and timely, which made everything run smoothly and stress-free. I would happily recommend them to anyone looking for reliable and professional solicitors.

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Meet our experts

Dedicated professionals ready to assist you.

mellisa v2
Legal Director
mellisa v2
Senior Solicitor
Rosanna Leist PNG
Senior Solicitor
Adrian Au PNG
Solicitor
Georgia Harrocks PNG
Paralegal
Alex Julian PNG
Paralegal

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

To calculate your Stamp Duty payable on your purchase, please visit the following link:

The lead time for property searches varies depending on which search is ordered and the demand that our search providers are experiencing. When we get to the point of ordering searches, we will be able to provide a more accurate time scale but a rough estimate is 1 – 10 days.

A lease is a depreciating asset. As the term of the lease decreases its value decreases and the cost of extending the term becomes more expensive.

It can sometimes be difficult to sell a property with a short lease because a mortgage provider may be reluctant to lend money against the short lease term.

If you are claiming a lease extension in accordance with the statutory procedure, then you will benefit from your ground rent being reduced to a peppercorn (nil).

A lease extension is also often seen as an opportunity to modernise outdated terms contained in some older leases.

The time taken to extend a lease depends on a number of variables including the number of parties involved and agreement on the premium and specific terms.

A statutory lease extension is dictated by a timetable that must be adhered to and matters generally take a number of months between serving of notice for claim of a lease extension and completion of the matter.

Lease extensions outside of the statutory procedure tend to proceed more quickly in light of the fact that the premium and any revised lease terms will have been agreed at the outset usually.

You can enter into a cohabitation agreement at any time, either before you move in with a partner, or when you have been living together for many years. The agreement should be reviewed periodically, particularly where there has been a significant change in circumstances, for example the birth of a child.

Having a Declaration of Trust in place can help avoid disputes where someone has made a financial contribution to a property which was not a loan or a gift to the owners.

This is because that contribution may make them a ‘Beneficial Owner’ of the property. This can be considerably complicated to work out who is entitled to what should a property be sold.

Examples of individuals who may have contributed to the costs of the Property but who are not registered as an owner at the Land Registry include:

A person who has contributed a lump sum towards the deposit such as the legal owner’s parents;

The legal owner’s partner who now contributes towards the mortgage and upkeep of the property but is not named as an owner on the title;

Someone who has added value to the property even if they are not an owner, such as the adult child of the legal owner who paid for the extension to be built in which they now live.

All of the above circumstances have individuals who have contributed to the value of the property even though they are not a legal owner as specified on the Land Registry title of the property.

However, they are entitled to a share of the equity of the property even though they are not named on the title. These people are known as ‘Beneficial Owners’. If you are a Beneficial Owner but not a legal owner you may find it difficult to prove how much you are entitled to if the legal owner refuses to acknowledge that you have contributed towards the value of the property.