Why Shared Ownership Creates Lending Challenges
In a standard second charge loan, the lender takes a legal charge over the property that sits behind the first mortgage. In a shared ownership scenario, the borrower does not own the whole property — they own a share, with the housing association owning the remainder. The housing association’s interest and the terms of the shared ownership lease create a layer of complexity that most lenders are unwilling to navigate.
The shared ownership lease typically contains restrictions on what the leaseholder can and cannot do with their share, including restrictions on subletting, alterations and, critically, on charging the property to a third party. Before any secured loan can be registered, the housing association must provide consent, and many housing associations have policies that either prohibit second charges entirely or impose conditions that make them impractical.
The lender also needs to understand their position in the event of default. If the borrower cannot repay the loan and the property needs to be sold, the housing association has rights over how the sale is conducted and the price achieved, which can limit the lender’s ability to recover their money. This residual risk means that even lenders who will consider shared ownership properties apply very conservative loan-to-value ratios (typically 60-70% of the value of the owner’s share rather than the whole property).
Housing Association Consent and Staircasing
Obtaining consent from the housing association is a non-negotiable step in any shared ownership secured loan application. The process typically involves submitting a formal request to the housing association, providing details of the proposed loan, the lender and the purpose of the borrowing. Response times vary considerably — some housing associations respond within a few weeks, while others can take several months.
Some housing associations will only grant consent where the loan is for specific purposes such as home improvements that will benefit the property. Others require the borrower to have staircased to a certain level — for example, owning at least 50% or 75% of the property — before they will consider consent for a second charge. Staircasing is the process of buying additional shares in the property over time, and the more of the property you own outright, the stronger your position for securing finance.
If you are considering staircasing, it is worth exploring whether the funds needed to purchase an additional share could be raised through a secured loan against the share you already own, though this will still require housing association consent and lender agreement. The Shared Ownership Code of Practice (updated 2023) sets standards for how registered providers should handle consent requests, though enforcement is limited.
Lease Length and Shared Ownership Specific Issues
Shared ownership properties are almost always leasehold, and the lease length restrictions that apply to standard leasehold properties apply equally here. The shared ownership lease typically starts at 99 or 125 years and runs from the original grant date, so older shared ownership properties may have lease lengths that are starting to approach the threshold at which lenders become cautious.
Shared ownership leases also contain specific provisions that differ from standard leasehold leases, including the rent review mechanism for the portion rented from the housing association and the priority rights that apply if the property needs to be sold. Lenders who consider shared ownership properties will need their solicitors to review the specific terms of the lease carefully, which adds to the time and cost of the application process.
New-model shared ownership leases introduced under the Affordable Homes Programme 2021-2026 have some different characteristics from older leases, including the ability to staircase in 1% increments rather than the traditional 10% minimum, a mandatory 10-year period during which the registered provider funds major repairs, and more flexible sub-letting rights. Lenders may be more comfortable with these newer form leases.