Transparency, compliance, and implications for landowners and developers
The Government recently published new draft Provision of Information (Contractual Control) (Registered Land) Regulations 2026 ("the Regulations") and guidance notes on 9 March 2026. These Regulations introduce a regime under which certain contractual control rights over land must be registered on a publicly accessible register maintained by HM Land Registry.
The Regulations are to come into force on 6th April 2027.
This regime represents a significant step towards greater transparency regarding the ownership and control of land in England and Wales, reflecting the Government’s ongoing commitment to openness in the property sector.
Legislative background
The foundation for these changes lies in Part 11 of the Levelling-Up and Regeneration Act 2023 (“2023 Act”), which contains powers to collect and publish information about contractual control rights.
Scope of the Regulations
The Regulations target relevant contractual control rights which are:
- set out in writing
- relate to the development, use or disposal of land
- held for an undertaking (e.g. a business)
- subsisting for at least 18 months (or are shorter but capable of extension).
Types of rights affected, as set out in the guidance, include:
- option rights
- conditional contracts
- pre-emption rights
- certain promotion agreements.
Only contractual control rights relating to registered land are affected.
Exemptions
Some contractual control rights will not be caught by the Regulations:
- contract rights for national security or defence
- rights necessary or incidental to security for finance and loan agreements or to secure overage
- contractual control rights terminating within 18 months (unless extendable)
- a right in a contract which is held exclusively for purposes that do not relate to future development resulting in the provision of:
- one or more dwelling houses; or
- a building which will have a floor space of 100 square metres or more following development
- Section 106 agreement rights which relates exclusively to provision of infrastructure, amenities or services
- contractual control rights affecting leases with less than 15 years remaining at the time the right is granted
Information required for registration
The following details must be submitted for inclusion in the register:
- full names of all parties
- registered numbers for companies, LLPs, or other corporations
- where the grantor is an individual, their date and place of birth
- type of contractual control right
- date, partes and description of the contract creating or conferring the contractual control rights
- the date from which the contractual control right can be exercised or details of conditions that the right to exercise may be subject to
- details of the initial period of control and any provisions to extend this
- title number of affected registered land and details of the affected part if only part of a title is affected
- address and postcode of the land subject to the right
details of whether the land subject to the right includes land (including airspace) held apart from the surface
The register will have to updated as and when a contractual control right is varied or assigned and at termination or expiration.
Registration process and fees
The party benefiting from the contractual control right is responsible for ensuring the right is registered on the register. A conveyancer must be used to make a digital application to HM Land Registry for the entry in the register. This requirement may be waived by the registrar in certain circumstances.
Although HM Land Registry will not charge for registration on or access to the register, there will be a cost as a conveyancer must be used in most instances to deal with registering the contractual control right.
Timeframes for registration
The Regulations do not just affect new contractual control rights entered into on or after 6th April 2027. Any contractual control rights entered into from the date of the Regulations to 6th April 2027 must also be registered on the register. Any variation, assignment, termination or expiry of an existing contractual control right must be registered too. The time limits for registration are:
- new contractual control rights entered into on or after 6th April 2027, must be registered within 60 days of completion
- contractual control rights entered into from the date of the Regulations to 6th April 2027 must be registered by 6th October 2027
- variation or assignment of a contractual control right must be registered within 60 days
- termination or expiry of a contractual control right must be registered within 60 days
Publication of data
HM Land Registry must publish a dataset of the contractual control rights as soon as possible after 6th April 2028 which must be updated no less frequently than once a month.
Conditions may be imposed on a person requesting access to the information published e.g. that the person making the request identifies themselves to the registrar.
Enforcement and penalties
There are two arms to enforcement:
- the registrar will not register or amend a notice or restriction to protect a contractual control right at HM Land Registry unless it is registered on the register of contractual control rights; and
- non-compliance, without reasonable excuse, constitutes a criminal offence under Section 225 of the 2023 Act, carrying maximum summary penalties for failing to comply with an information requirement, and up to two years’ imprisonment and unlimited fines for knowingly or recklessly providing false information.
Potential unintended consequences
There are a number of potential unintended consequences of the Regulations, the Government aims to assess these outcomes through ongoing consultation:
- land values: increased transparency may affect land values, either positively or negatively
- pressure on landowners: public visibility of agreements may discourage landowners from bringing land forward for development
- community engagement: transparency could foster constructive engagement, but may also allow more time for objections, potentially slowing development
- developer behaviour: developers may shift to outright land purchases or alternative arrangements to avoid registration requirements, tying up capital
Conclusion
The proposed regulations represent a significant shift in the registration and transparency of contractual control agreements relating to land. Landowners, developers, and other stakeholders should prepare for new compliance obligations and consider the broader implications for their transactions and community relations.
