The Regulations
The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (SI 2026/615) (the “Regulations”) were made on 8 June 2026 and will come into force on 6 April 2027 as expected. The Regulations are in the same form as the draft regulations published by the Government in March 2026. Therefore, the information provided in our previous article (New draft regulations on Contractual Control Rights: What clients need to know | DWF Group) remains fully applicable and is not repeated in detail here.
Please note that contractual control rights entered into from and including 8 June 2026 will be caught by the Regulations.
HM Land Registry’s Register
On 12 June 2026, HM Land Registry published a note acknowledging the making of the Regulations and confirming that these will require certain contractual control agreements affecting registered land in England and Wales to be submitted digitally to HM Land Registry via a regulated conveyancer.
HM Land Registry confirmed that its digital platforms for the submission and management of the contractual control rights are currently being developed, and that it intends to ensure such platforms are easy for the public to access and use. A Practice Guide and regular updates on how to submit the required information should be provided over the coming months.
Importantly, HM Land Registry is encouraging the public to get involved in testing prototypes and sharing feedback and ideas. In order to take part, you can sign up via take part in HMLR Contractual control user research.
Key dates
Contractual control rights entered into from and including 8 June 2026 to and including 5 April 2027 will have to be registered by 6 October 2027.
Contractual control rights entered into on or after 6 April 2027 will have to be registered within 60 days of completion.
What steps should be taken?
Audit your portfolio - review existing options, conditional contracts, pre-emption rights, and promotion agreements affecting registered land. Identify which are caught by the Regulations and which benefit from an exemption.
Record the rights entered into from and including 8 June 2026 – these will have to be registered before 6 October 2027 and having a process in place for identifying and tracking such rights would be advisable.
Engage with your solicitors - all submissions will have to be made by a conveyancer using HM Land Registry’s platforms.
Bear in mind the enforcement risk - HM Land Registry will be able to refuse to register or update a notice or restriction that appears to relate to a contractual control right if not satisfied that the requirement to provide information has been complied with. Non-compliance without reasonable excuse also constitutes a criminal offence under the Levelling-up and Regeneration Act 2023.
We will continue to monitor HM Land Registry's updates and publication of the practice guide.
Please do not hesitate to contact Katherine Carey if you would like to discuss the implications for your specific portfolio or any ongoing transactions.
