Further to the answer to question S2W-19671 by Malcolm Chisholm, what advice it gives to public bodies on attaching title conditions or oth…

A number of options exist to ensure that affordable units which are built for low-cost home ownership remain affordable in the future. In order to control subsequent sales, conditions can be placed in sale missives, or public bodies may consider transferring land to Rural Housing Bodies which can then attach Rural Housing Burdens to properties. In the case of Homestake, the scheme includes provision for a “golden share”, which can be retained by the RSL upon sale. Forestry Commission Scotland, for instance, ensures that its sites sold for low-cost home ownership are covered by either the Homestake golden share or a Rural Housing Burden.
Planning Advice Note 74 “Affordable Housing” contains general advice on planning conditions and planning agreements to safeguard land identified for affordable housing and to retain affordable units. The PAN includes a case example outlining City of Edinburgh Council’s use of planning agreements to regulate the sale of discounted dwellings for affordable housing.
In order to ensure that housing for social rent stays in the affordable sector, and is not sold to a sitting tenant through the Right to Buy (RtB), a public body would need to transfer its land to a charitable housing association as defined in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) or the Housing (Scotland) Act 2001 (Registered Social Landlords) Order 2002. Transfers of land to housing associations which do not comply with the above criteria, may mean that rented units could in future be subject to the RtB. Future RtB sales could be prevented by a RtB pressured area designation, for tenancies which commenced on or after 30 September 2002. It is for local authorities to apply to Scottish ministers for pressured area designations.