Being in a Designated Protected Area (DPA) means a restriction on a Shared Ownership home may apply. The lease decides. One reason a home in a DPA can have no restriction is the waiver: since 1 April 2011, Homes England can lift its DPA conditions of grant for a specific site. Here's what that means.
Homes England requires a Shared Ownership home it funded with grant in a DPA, house or flat, to have one of two lease clauses (Capital Funding Guide):
A waiver lifts that requirement for one site. Once Homes England approves it, leases on that site need neither the 80% cap nor the buy-back.
The local authority applies, often after a housing provider or developer asks it to. The application is Homes England's waiver form signed by an officer of the council, a covering letter on the council's headed paper, and a plan of the site, sent to [email protected]. The form and guidance notes are on gov.uk's Designated protected areas page.
On the form, the council confirms it has considered the criteria for designating a protected area, of which the overriding one is whether Shared Ownership homes there would be hard to replace. The form lists five things that bear on that:
Homes England checks that the application meets its conditions and, if it does, replies with its assent. The provider must keep a copy of that reply for audit. If an audit finds grant-funded Shared Ownership homes built in a DPA without the DPA lease terms and without evidence of a waiver, Homes England "may require grant to be repaid".
A waiver can apply to existing sites too, for example where further sales are proving difficult. But changing leases that already exist is a matter for the provider's own legal advice. Don't assume a waiver changes a lease you already hold: your lease says what applies to you.
You can't apply for a waiver; only the local authority can. What you can do:
A home in a DPA may also have neither clause for other reasons: a lease granted before 7 September 2009 (older rural leases can still have their own buy-back), or a home not funded by Homes England grant. Homes England requires these clauses only on Shared Ownership homes it funded with grant. Other Shared Ownership homes in a DPA don't have to have them, though some leases use them — check yours.
For a Shared Ownership home in a DPA, ask the provider which DPA clause the lease uses: the 80% cap or the buy-back. If a grant-funded home's lease uses neither (unless it is Older Persons Shared Ownership or was granted before 7 September 2009), ask for evidence of Homes England's waiver for the site. The provider must keep Homes England's reply for audit, so it should be able to supply it.
If a provider thinks a site does not need protecting to keep its homes as Shared Ownership for future buyers, the Capital Funding Guide says it "should approach the local authority in the first instance". The council then decides whether to apply, using the current form from the gov.uk page above.
Check an address or postcode on DPA Check to see whether a home is in a DPA. It can't tell you whether a site has been waived; only the provider, the council or Homes England can. This is indicative guidance, not legal advice — always confirm against your lease and take professional advice.
Accurate as of October 2026.
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