New requirement to register information about contractual control agreements

Summary

Concerned to increase transparency in the land market, the Government will be requiring the beneficiaries of rights under certain land agreements such as options and conditional contracts that control how land is used or developed, to provide HM Land Registry with information about the rights. Such rights will be made public on a new register, except for certain sensitive information.

The Government has just published the regulations, The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (“the Regulations”) and guidance for the registration of these so-called contractual control agreements.  

The Regulations, which apply to England and Wales, will come into force on 6 April 2027, but they also will apply to certain agreements made between the date that the Regulations are made (probably in the first half of 2026) and 6 April 2027. There will be time limits to register the required information with failure to do so a potential criminal offence.  

This legal update answers some key questions about this new requirement.

What is the purpose of the new Regulations? 

The Government wants to increase transparency in the land market. They are concerned that there are many land deals that do not transfer ownership but give a developer or promoter the right to control or benefit from future development. Those arrangements are currently opaque to the public, local communities and local planning authorities, making it harder to understand land use patterns or identify available land for development. This concern was one shared by the previous Conservative government and discussions between the Government, Land Registry and stakeholders have been ongoing for years. See our earlier article on the Conservative Government’s consultation on requirement for information about contractual controls on land. 

The purpose of the new Regulations is to address the concern over the lack of transparency and this will be achieved by the Government requiring the grantee or beneficiary of the right to provide HM Land Registry with information about the right. The Government hopes that improved transparency will support SME developers and local authorities, in particular, to identify suitable sites for development and place-making.

What is the nature of the disclosure duty?

The Regulations, currently in draft form, will introduce a duty to provide prescribed information to the Land Registry within a specified timeframe detailed below about rights contained in certain land agreements such as an option, conditional contract, pre-emption right, or certain rights associated with promotion agreements, where those agreements give a person (typically a developer or land promoter) the power to control how land is used or developed. Such agreements oblige the owner of a “qualifying estate” (i.e. a registered freehold or a registered lease with at least 15 years remaining at the time of the creation of the right) to transfer the property or grant a lease of at least 15 years. 

The Regulations apply only where the contractual control right is held for the purposes of an undertaking, such as a business, charity, or other organised activity; so, not where an individual holds the right.

The aim of this new process is to improve transparency over who holds control over land, short of legal ownership. 

Submission of the prescribed information must be made digitally by a conveyancer acting on behalf of the beneficiary of the right using a digital service provided by the Land Registry (which will be available from 6 April 2027).

When does this go live?

The Regulations will come into force on 6 April 2027, but they also apply to certain agreements made between the date that the Regulations are made (probably in the first half of 2026) and 6 April 2027. Those agreements must be submitted to the Land Registry by 6 October 2027.

Which specific information is required?

Certain core data about the agreement is required including:

• name of the grantee and grantor: the parties to the agreement
• Companies House/Charity Commission registration number
• date and place of birth of the grantor (if an individual)
• type of contractual control right: for example, option, pre-emption, or right to acquire land under a conditional contract
• date, parties and title or description of the underlying agreement
• date from which the right can be exercised: or, if that depends on specific conditions being met, a brief description of those conditions
• initial period of control: the period from the start of the agreement to the point at which the right must be exercised or may expire, including any provisions to extend, terminate or renew
• title number(s) of the affected registered estate(s): and, where the right affects only part of a title, sufficient details to identify the area concerned (e.g. a plan or description)
• address and postcode of the land: the physical location of the site covered by the right
• sub-surface land: whether the land subject to the right includes land (including airspace) held apart from the surface.

Importantly, the required information does not include financial/price information contained in the agreement. 

When must the information be submitted?

Information must be submitted within 60 days of a trigger event, which includes:

• the grant of a new right
• a written variation of an existing right
• an assignment of the right to a new party
• the expiry, exercise, or determination of the right

Which situations are excluded from the disclosure duty?

Information is not required for:

• unwritten agreements
• agreements relating to leases for a term of less than 15 years
• agreements relating to unregistered land
• restrictive covenants
• overage agreements
• rights granted exclusively for purposes that do not relate to future development (within the meaning of section 55 of the Town and Country Planning Act 1990) resulting in the provision of one or more dwellings or a building where the floorspace created by the development would be at least 100 square metres. The guidance includes as examples of excluded rights those granted for maintenance, utilities or farming. 
• rights where the total period of control is less than 18 months (taking into account any provision or entitlement to extend the initial control period)
• rights granted in connection with:
  • section 106 agreements where the right relates exclusively to the provision of infrastructure, amenities or services in connection with a grant of planning permission
  • national security or defence or
  • securing loan repayment.

Does the agreement have to mention “development” to be in scope?

No. The agreement does not need to use the word “development”. If one of its purposes is development, as defined by the Regulations– or disposal of land for development – it is likely to be within scope. The test is based on the substance of the right, not specific language.

Only rights that are exclusively for non-development purposes, as defined by the Regulations, fall outside the requirements (see Which situations are excluded from the disclosure duty? above).

Parties must be able to demonstrate that the right has no realistic link to development, to rely on that exclusion.

Can the grantee submit the information directly?

No. The Regulations require submission by an individually regulated conveyancer such as an individual solicitor with an up-to-date practising certificate.

The Government seeks the information from the individually regulated conveyancer, in order to provide enhanced assurance that the information provided is complete and accurate and that the person submitting the information is professionally accountable for it.

Will all submitted information be made public?

No. Some sensitive fields (e.g. place and date of birth of grantors) will be collected for verification purposes but will not be published. The guidance sets out how the Land Registry will publish and retain the data. From 6 April 2028, the Land Registry will provide monthly datasets showing the information held on the register.

What are the consequences of non-compliance with the new requirements?

The Land Registry may refuse to register a notice or restriction linked to an unregistered right. Failure to comply with the Regulations may also amount to an offence under section 225 of the Levelling-up and Regeneration Act 2023 and may lead to prosecution with a potential penalty of a fine or imprisonment. Both of those consequences make it imperative that the relevant information is provided to the Land Registry within the required timeframe following the trigger event. 

What can assist to determine whether the agreement is in scope?

The purpose, substance and effect of the agreement should be considered. The guidance in part 4 (linked below) sets out the scope and exemptions in more detail.

Where can further details be found?

Please see Contractual control agreements - GOV.UK for further guidance.