The government has introduced a draft transparency regime for land control arrangements through The Provision of Information (Contractual Control) (Registered Land) Regulations 2026, supported by guidance on Contractual control agreements.
These regulations currently are in draft form and will come into force by way of a statutory instrument, to be announced.
The regulations cover:
- new rights granted on or after the date that the regulations are made, which is expected to be in the first half of 2026;
- variations or assignments of all relevant rights on or after the regulations come into force on 6 April 2027.
The regulations were laid in Parliament on 9 March 2026. They will be made once they are signed by the Minister of State for Housing and Planning, after all the required parliamentary procedures have been completed. This is expected to happen in the first half of 2026.
If a contractual control agreement is created after the regulations are made but before 6 April 2027, the required information must be submitted to HM Land Registry by 6 October 2027.
If a right is granted, changed, or assigned after the regulations come into force on 6 April 2027, the required information must be submitted within 60 calendar days.
The new regime implements powers under the Levelling-up and Regeneration Act 2023 to create a public register of contractual control agreements. It aims to increase transparency around who controls land for development, addressing longstanding concerns that these arrangements are currently opaque to local authorities, communities, and market participants.
The regime applies to a contractual control right over registered land where:
- the right enables control over the land's development or disposal;
- the land is held for the purposes of an undertaking, including a business, charity, or public function;
- the right relates to registered freehold land, or registered leasehold land with 15 years or more remaining at the time of the grant;
- a control period of 18 months or more, including extensions, applies.
Agreements covered by the regime include:
- options;
- conditional contracts;
- pre-emption rights; and
- promotion agreements.
However, the regime does not cover:
- financial security arrangements and overage security;
- rights that do not relate to development of houses, or buildings with floorspace of over 100 square metres;
- short-term rights of under 18 months;
- obligations under s 106 of the Town and Country Planning Act 1990 limited to infrastructure, amenities, or services;
- national security or defence contracts; and
- leases of less than 15 years.
The obligation to register agreements falls on the grantee, likely a developer or promoter, with submissions to be made digitally via a regulated conveyancer through HM Land Registry.
Registration at HM Land Registry
Under the new regime, contractual control rights must be registered at HM Land Registry within 60 days of being:
- granted;
- varied;
- assigned;
- exercised;
- terminated, or having expired.
Mandatory information to be disclosed includes:
- the parties' details, including their full names, date of birth for individuals, and company registration numbers for businesses;
- type of agreement;
- key dates and description;
- title numbers and extent of affected land;
- start date and duration, including extension rights; and
- status changes.
Enforcement
- Non-compliance with the new regime will have practical and criminal consequences, including:
- the inability to protect an interest on title; and
- criminal liability under s 225 of the Levelling-up and Regeneration Act 2023 for:
- failure to comply; or
- knowingly or recklessly providing false or misleading information.
Penalties for s 225 offences include fines and potential imprisonment.
Practical implications
For developers and promoters, the implications of the new regime include:
- increased administrative burden and strict 60-day deadlines;
- mandatory use of conveyancers for digital submissions;
- potential commercial sensitivity from disclosure of strategic land positions;
- risk of increased objections and scrutiny in the planning process;
- shifts in strategy – for example, outright acquisition.
For landowners and the market, the new regime will:
- assist smaller developers and local authorities;
- increase competition for sites;
- affect land values and site assembly costs.
At this stage, practitioners and their clients should consider:
- auditing current and pipeline agreements to identify those likely to be caught by the new regime;
- updating existing precedents – for example, options, promotion agreements, conditional contracts to address registration obligations;
- implementing internal tracking systems for 60-day deadlines;
- advising clients on confidentiality risks and strategic implications;
- monitoring further HM Land Registry guidance on operational requirements.
The new register of contractual control agreements represents a significant shift towards transparency in land control in England and Wales.
With limited lead-in time and transitional provisions capturing agreements entered into before April 2027, practitioners should begin preparing immediately to ensure compliance and manage commercial risk.