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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Clear out junk files and repair common Windows errorsFree Scan →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Section 106 and shared ownership are not equivalent products. Section 106 describes the planning obligation that secures affordable housing; the resulting home might be a discounted outright sale, shared ownership, affordable rent or another locally defined tenure. Shared ownership is a specific leasehold purchase in which you buy a share and pay rent on the remainder. A Section 106 home can therefore also be a shared-ownership home. Compare the tenure written in the listing and legal documents, not the Section 106 label alone.
What the two terms actually describe
Section 106 is a planning route, not one type of ownership
In England, a Section 106 agreement is a planning obligation attached to a development. It can require a housebuilder to provide affordable homes, transfer them to a housing provider or council, and apply specified eligibility and resale conditions. The agreement does not automatically mean that a buyer is purchasing a discounted home outright.
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The affordable homes secured through one agreement may include several tenures. Depending on the scheme, a listing could be for:
- a discounted-sale home, where the buyer owns the property outright but pays less than an unrestricted market price;
- a shared-ownership home, where the buyer purchases a leasehold share and rents the rest;
- an affordable-rented home; or
- another arrangement defined by the local planning obligation and provider.
The MHCLG Section 106 Affordable Housing Clearing Service lists housebuilders’ uncontracted and unsold Section 106 affordable homes in England. Its guidance was updated on 9 October 2026 to record the transfer of the service from Homes England to the Ministry of Housing, Communities and Local Government (MHCLG). A clearing-service entry is a way to find a home; it is not a substitute for reading that home’s tenure and legal restrictions.
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Shared ownership is a purchase structure
Shared ownership has a defined economic structure. You buy a share of a home from a landlord, usually a housing association or local authority, and pay rent for the share that landlord retains. The official GOV.UK wording is: “You buy a share of the property and pay rent to a landlord for the share they own.” Every shared-ownership home is leasehold.
The initial share is usually between 25% and 75%. Some homes allow an initial share as low as 10%. Buying additional shares is called staircasing; as your ownership percentage rises, the proportion on which rent is charged falls. The lease, rather than a general description of shared ownership, determines the available share sizes, valuation method, fees and procedure.
Why the labels can overlap
A development may satisfy its Section 106 affordable-housing obligation by offering shared-ownership leases. In that case, “Section 106” explains how the home was secured through planning, while “shared ownership” explains how you buy it. Treating them as mutually exclusive leads to the wrong comparison. Ask the sales agent or landlord to state the exact tenure and provide the key information document, lease and any Section 106 sale conditions.
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| Question | Section 106 discounted-sale example | Shared ownership |
|---|---|---|
| What the label describes | A planning-obligation route. The actual tenure and restrictions must be checked; this example is an outright purchase with a continuing discount. | A leasehold purchase of a share, with rent payable on the landlord’s remaining share. |
| Initial purchase | Local discount and qualifying criteria may apply. There is no England-wide discount percentage established for every Section 106 home. | Usually a 25%–75% initial share; some homes permit 10%. You finance the share you buy. |
| Recurring costs | Depends on the tenure and property agreement. An outright discounted sale normally does not include rent on an unsold share, but service or estate charges may still apply. | Mortgage on your share, rent on the unsold share, and possible service, estate, management and repairs-reserve charges. |
| Eligibility | Set by the individual planning obligation, council scheme and sale documents. Local connection or household tests may apply. | Provider and locality rules apply; a council can add criteria such as a local connection. |
| Resale | A continuing percentage discount, purchaser restrictions or a nomination period may apply under local documents. | The lease and provider’s resale process govern. You may be able to staircase, subject to the lease and provider rules. |
| Rent increases | Relevant only if the particular Section 106 tenure includes rent. | Certain new leases delivered through specified programmes have a CPI-plus-1% annual cap, with exceptions. Older or exempt leases may use different terms. |
How much cash and monthly income do you need?
Shared ownership: calculate the whole cost stack
An advertised share price is only the starting point. Before reserving, build a budget with each of these items:
- Reservation fee: GOV.UK says this is usually up to £500. Confirm whether it is refundable and how it is treated if the purchase does not proceed.
- Deposit: usually 5% to 10% of the share you are buying, rather than 5% to 10% of the home’s full market value. Your lender can require a different amount.
- Mortgage repayment: interest and capital repayment on the amount borrowed for your share.
- Rent: payable to the landlord on the unsold share. The lease sets the starting rent, review date and increase formula.
- Service charge: the building or estate’s shared costs. Ask for the current budget, the last accounts and any forecast increase.
- Estate or management charge: possible additional charges for communal areas, roads, landscaping or management.
- Repairs reserve fund: some developments collect contributions for future major works.
- Legal and valuation costs: conveyancing, searches, lender fees and any valuation required for purchase or staircasing.
- Stamp Duty Land Tax: may apply. Your solicitor should explain whether the lease and the way you elect to pay SDLT create an immediate or later liability.
Use a monthly total rather than comparing only the mortgage payment:
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monthly housing cost = mortgage on your share + rent on the unsold share + service charge + estate/management charge + reserve-fund contribution + other property charges
The landlord’s key information document should be available before reservation. It should be read with the lease and the service-charge explanation. Ask the landlord how each charge is calculated, whether it is fixed or variable, and which repairs are your responsibility.
Discounted-sale Section 106: a different cash profile
In a discounted outright sale, you generally buy the whole home, so there is no rent on an unsold equity share. The initial price is reduced according to the local scheme, but you still need to budget for the deposit, mortgage, legal work, searches, survey, SDLT where applicable, insurance, service charges and ordinary ownership costs.
The discount can continue after your purchase. Eden District Council’s guidance describes a discounted-sale property in which the purchaser owns the home outright, while the same percentage discount applies to the initial price and later resale. That is a local example, not a universal rule. A different Section 106 agreement may use a different discount, period, nomination process or purchaser test.
Compare like with like
For each property, write down the full market value, the price or share you would buy, the cash needed at exchange and completion, and every recurring charge. For shared ownership, also model a rent increase and a service-charge increase permitted by the lease. For discounted sale, model the effect of having to sell at the required discount and the possibility that a qualifying buyer must be found before an open-market sale is allowed.
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Eligibility: why a national yes-or-no answer is unsafe
Shared-ownership eligibility
Shared-ownership homes are advertised by housing associations, local councils, builders, resale schemes and national property-listing sites. The provider assesses the applicant against the scheme and property rules. A council may add a local-connection requirement, such as living, working or having close family in the area. Household size, income, inability to afford a suitable home outright and immigration or housing-status requirements may also be relevant to the particular offering.
Do not rely on a generic income threshold found on another listing. Ask the provider for the eligibility rules for that address, including any priority order for existing social tenants, key workers, military households or local residents. The provider’s written decision and the property’s allocation policy control.
Section 106 eligibility
Section 106 ownership eligibility is set by the planning obligation and the local scheme. There is no single England-wide test for every Section 106 ownership home. A council may prioritise households with a local connection, people who cannot afford an unrestricted market home, first-time buyers or applicants within a defined income and household-size range. The criteria can differ between two developments in the same district.
For a discounted-sale home, obtain the council’s allocation policy and the property’s Section 106 agreement or the relevant contractual summary. Check:
- the required local connection and how it must be evidenced;
- household-income, savings and affordability limits;
- whether the home must be your only or principal residence;
- any first-time-buyer or existing-homeowner rule;
- the bedroom or occupancy requirement; and
- who has priority if several eligible applicants apply.
Evidence to prepare
Providers and councils commonly request identity, proof of address, employment or income evidence, bank statements, details of existing housing and confirmation of household members. The exact list is property-specific. Preparing documents early matters because a reservation can lapse while eligibility is checked.
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Finding a home and verifying what is being offered
Use the listing as a lead, not as the contract
Search housing-association and council pages, builder listings, resale schemes, property portals and the MHCLG Section 106 Affordable Housing Clearing Service. Then ask for the complete property pack. A headline such as “affordable Section 106 home” does not tell you whether the home is discounted sale, shared ownership or rent.
Documents to request before paying a reservation fee
- Tenure statement: ask the provider to state in writing whether the home is discounted outright sale, shared ownership, affordable rent or another tenure.
- Key information document: for shared ownership, review the purchase share, rent, service charges, reserve-fund contributions, repairs obligations and anticipated increases.
- Lease or sale agreement: check the term, covenants, alterations rules, subletting restrictions, insurance, repair liability and assignment or resale procedure.
- Section 106 agreement and local policy: identify the qualifying purchaser, discount formula, nomination period, resale price and any buy-back or staircasing provisions.
- Charge schedule and accounts: obtain current service-charge figures, budgets, major-works information and management fees.
- Energy and property information: confirm tenure-specific obligations alongside the ordinary survey, searches and lender valuation.
Have a conveyancer who regularly handles affordable housing read the documents before you commit. The sale contract and lease prevail if an advertisement is incomplete or uses a broad label.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Resale, staircasing and restrictions
Reselling a discounted Section 106 home
A discounted-sale home may not be an unrestricted open-market asset. The local agreement can require the same percentage discount to continue, limit the resale price, require the seller to offer the home first to the council or a housing provider, and restrict the buyer to people who satisfy the local criteria. The period during which a council can nominate a purchaser and the steps after that period are set by the documents.
The Eden District Council example expressly describes outright ownership with the same percentage discount on purchase and resale. Use it only as an illustration of how a local scheme can work. Before buying elsewhere, ask the council or solicitor to identify the exact formula, eligible purchaser test, valuation date, marketing route and consequences if no qualifying buyer is found.
Reselling shared ownership
Shared-ownership resale is governed by the lease and the provider’s current instructions. The provider may have a nomination period to find an eligible buyer, require a valuation by an approved surveyor and charge specified administration or legal fees. The buyer normally purchases the share you own, not automatically the whole property.
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Because the home is leasehold, the lease can also control notice periods, marketing requirements, assignment, subletting and transfer. A seller who has staircased to 100% may have a different resale route from a seller who still owns a minority share. Obtain the provider’s written resale guide and a current valuation before setting a price.
Staircasing and its trade-offs
Staircasing lets a shared owner buy additional shares, reducing the percentage on which rent is charged. The lease determines whether you can buy in set increments or reach 100%, the valuation method, minimum tranche, notice requirements and fees. A larger share can reduce rent but requires capital or additional borrowing and may trigger valuation, legal, mortgage and administrative costs. Some homes retain restrictions even after full staircasing; check the lease rather than assuming that 100% ownership removes every covenant.
Rent reviews and charges over time
Which shared-ownership rent cap may apply
The Department for Levelling Up, Housing and Communities policy published on 12 October 2023 says that, from 12 October 2023, rents for new shared owners in specified homes can increase once a year by no more than CPI plus 1%. The policy covers certain new shared-ownership leases delivered through the Affordable Homes Programme and Section 106 developer contributions, but it contains exceptions. It does not mean every shared-ownership lease in England has a CPI-plus-1% cap.
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Check the lease’s rent-review clause, the programme under which the home was delivered and any stated exception. Older leases, exempt arrangements and homes outside the specified scope can follow different formulas. Treat the rent rule as a document question, not a blanket promise attached to the words “shared ownership.”
Service charges can matter as much as rent
Rent is only one variable cost. A block may have lifts, cleaning, communal heating, landscaping, estate management or planned-works contributions. Ask how the charge is apportioned, whether accounts are audited, whether major works are planned and whether a reserve fund is already in place. A low initial rent can be outweighed by a high or volatile service charge.
Discounted-sale ownership still has running costs
An outright buyer avoids rent on an unsold share, but remains responsible for mortgage interest, insurance, repairs, utilities, council tax and any service or estate charge. Read the transfer or covenant for obligations to maintain communal areas or contribute to estate costs. A discount reduces the purchase price; it does not make ownership maintenance-free.
Which route may fit your circumstances?
Discounted Section 106 sale may suit you when
- you can fund a mortgage and deposit for the whole discounted price;
- you want outright ownership from completion and do not want rent on an unsold share;
- you can accept a continuing resale discount or a restricted buyer pool; and
- you meet the local connection and household criteria in the particular scheme.
Shared ownership may suit you when
- buying the whole home is not affordable, but a mortgage on an initial share is;
- you can sustain mortgage, rent and all property charges together;
- you understand the leasehold obligations and provider resale process; and
- you are comfortable with rent reviews and the possibility that staircasing will require future borrowing and fees.
Neither is automatically cheaper
The cheaper headline price does not identify the cheaper lifetime option. A shared-ownership buyer may need less deposit but pays rent and charges; a discounted-sale buyer may borrow more but avoid unsold-share rent. Resale restrictions, service-charge volatility, mortgage rates, repairs and the length of time you expect to stay can change the result. Compare the documents and a complete cash-flow schedule for the exact homes.
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- Identify the tenure. Record the legal form, not merely “Section 106” or “affordable.”
- Confirm eligibility in writing. Ask the council and provider to confirm local-connection, income, household and priority rules for that address.
- Calculate completion cash. Include reservation fee, deposit, legal work, searches, survey, lender fees, SDLT where applicable and moving costs.
- Calculate the monthly total. Add mortgage, rent, service, estate, management and reserve-fund charges, then stress-test permitted increases.
- Read the controlling documents. Obtain the lease, transfer or sale agreement, key information document, service-charge schedule and relevant Section 106 terms.
- Map the exit route. Establish valuation rules, nomination periods, qualifying resale buyers, staircasing options and fees before purchase.
- Use specialist conveyancing advice. Ask the solicitor to explain any covenant that limits occupation, letting, alterations, resale price or purchaser eligibility.
- Keep written answers. Save the provider’s and council’s responses so that a later sales statement cannot silently broaden or change the terms.
Common mistakes to avoid
- Assuming every Section 106 home is a discount. The planning label can cover shared ownership or rental homes.
- Comparing a share price with a full-home price. Add rent on the unsold share and every listed charge.
- Using a national eligibility checklist. Local planning obligations can impose different tests and priorities.
- Assuming resale is unrestricted. Continuing discounts, nomination rights and qualifying-buyer rules can remain in force.
- Assuming CPI plus 1% applies to all shared ownership. The 2023 policy is limited to specified new leases and has exceptions.
- Skipping the lease because the advertisement looks clear. The lease, transfer and Section 106 terms control the legal position.
- Ignoring service charges. Reserve funds, major works and estate charges can materially change affordability.
Bottom line for an England buyer
Start by naming the actual tenure. If it is a discounted Section 106 sale, establish the local discount and resale covenant; if it is shared ownership, price the mortgage, rent and charges for the share you will own. Then verify eligibility, rent-review terms and the exit process against the property’s documents. Section 106 tells you why the affordable home exists; the lease or sale agreement tells you what you are buying and what you can later sell.
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