New requirements to register contractual control rights: what developers, promoters and landowners need to know

Typically, contractual control rights are used to control future ownership of land without immediate acquisition, often forming part of long-term site assembly and planning strategies. Historically, there has been no legal requirement for these rights to be disclosed or recorded; however, this is set to change.

Parliament passed new powers in the Levelling-up and Regeneration Act 2023 to require the disclosure and publication of information about contractual control agreements.

To give effect to this policy, on 9 March 2026, the government published The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 and accompanying guidance. These regulations are likely to have a material impact on how developers and promoters assemble development sites, not least because they mean that contractual control rights can no longer be kept confidential.

This article provides answers to some key questions about how the regulations work.

What are the regulations trying to achieve?

The regulations introduce a new statutory duty to provide information about certain contractual control rights to HM Land Registry when a right is granted, varied, assigned or determined. The objective is to improve transparency over who controls land (short of ownership) and to create a publicly accessible dataset that allows local authorities, communities, developers and market participants to identify where contractual control agreements exist and who holds them.

Which rights are captured?

The regulations apply to agreements in writing that give a party an absolute or conditional right to control how registered land is disposed of. In this context, disposal means the transfer of a legal estate, whether freehold or leasehold, or the grant of a lease for a term of 15 years or more.

So, in practice options, conditional contracts, pre-emption rights, and certain land promotion agreements which regulate how a proprietor can dispose of land will be captured; however, other common rights (such as restrictive covenants, overage and clawback agreements) will not be captured.

Are any rights excluded?

Yes, certain rights fall outside scope. The regulations exclude rights:

• over unregistered land;
• over leasehold estates with 15 years or less remaining at the time the right is granted (meaning that some leasehold options will be outside scope);
• which last for less than 18 months (meaning that some short-term exclusivity arrangements will be outside scope);
• granted purely as loan security or to secure overage;
• granted exclusively for purposes that do not relate to future development resulting in the provision of one or more dwellings or a building with floor space of 100 square metres or more (the non-development right exemption);
• contained in section 106 agreements where these relate exclusively to the provision of infrastructure, amenities or services; or
• contained in a contract made for national security or defence purposes.

The scope of the non-development right exemption is not entirely clear; however, it is expected that the exemption may extend to a conditional contract or option to acquire such property held purely as a standing investment, provided that the right does not facilitate future development.

The guidance to the regulations specifies that the exemptions should be interpreted narrowly. This means that where an agreement serves multiple purposes, the information provision requirement may still apply.

Who must provide the information required by the regulations?

The obligation falls on the party who has the benefit of the contractual control right (for example, the developer, promoter or investor). Where multiple parties hold rights, each may have a duty to disclose, depending on the structure of the agreement.

What information must be provided to HM Land Registry?

The information which must be provided includes the following (note there is no requirement to provide the price paid or payable):

• the names of the grantee (ie the person who has the benefit of the right, for example, the developer) and the grantor;
• the date of, title and parties to the agreement that creates/confers the right;
• when the right starts and ends, including details of provisions to extend or terminate it;
• whether the right includes land (including airspace) held apart from the surface;
• entity identification for the grantor and grantee (for example, the company registered number or the date and place of birth of an individual grantor);
• the type of right granted and details of any conditions that need to be satisfied;
• the title number, address and postcode of the affected registered estate.

When must information be provided and how?

Information must be submitted within a prescribed period after a right is granted, varied (in writing) or assigned. Specifically:

• for rights granted on or after the date on which the regulations are made (expected first half of 2026) but before they are in force (expected 6 April 2027), the information must be submitted before 6 October 2027; and
• for rights granted, varied, or assigned on or after the date that the regulations come into force (expected 6 April 2027), the information must be submitted within 60 calendar days of the trigger event.

In practice, most contractual control rights will be protected on the title register by the entry of a notice or a restriction, so there is an additional requirement that all such applications must be accompanied by the relevant contractual control information.

HM Land Registry will launch a digital service for submitting the information on 6 April 2027. All filings must be made by a regulated conveyancer, so grantees will not be able to submit information directly.

Will the regulations capture existing as well as new rights?

The original intention was for the regulations to capture contractual control rights entered into after 6 April 2021, but this has changed.

Now, the regulations will capture only:

• new rights granted on or after the date the regulations are made (expected first half of 2026); and
• pre-existing rights that are assigned or varied (in a way that changes the required information), after the regulations are in force (expected 6 April 2027).

This means that the assignment or variation of an existing contractual control right on or after 6 April 2027 will trigger an obligation to register the right even if it did not require registration when it was granted. In respect of a variation, it will only trigger registration if the variation affects any of the information that would have been provided had the right been registrable.

What will happen to the information once submitted?

From April 2028 onwards, HM Land Registry will begin publishing the contractual control information monthly.

The public database will include core information submitted under the regulations, such as:

• the location and extent of land affected;
• the identity of the grantee;
• the type and duration of the control right; and
• the date the right was granted or exercised.

Sensitive personal information (such as the date of birth and place of birth of individual grantors) will not be published.

What are the consequences of non-compliance?

HM Land Registry may refuse an application for a notice or restriction to be entered (or updated) in respect of a contractual control right until the information required by the regulations has been provided.

Also, failure to provide the required information without reasonable excuse or knowingly or recklessly providing false or misleading information will be a criminal offence.

Is there anything else in the regulations to be aware of?

Yes, if the right expires, is exercised or ends early, the grantee must notify HM Land Registry of that outcome within 60 calendar days. This information will be recorded in the public database as well, ensuring that it remains accurate and useful over time.

What steps should developers, promoters and landowners take?

If parties intend to vary or assign existing agreements, they should do this before the regulations come into force (expected 6 April 2027), otherwise the agreement may be captured by the regulations.

For new agreements (entered into after the regulations are made during the first half of 2026), if confidentiality is key, parties should consider shifting away from using contractual control agreements, perhaps in favour of outright purchase or alternative legal structures. For agreements already in the pipeline, this may mean that parties need to renegotiate.

Where agreements are captured by the new regime, the party with the benefit of the contractual control right (for example, developers) should put in place internal processes to trigger all necessary filings at HM Land Registry.

Bear in mind that filing requirements extend not only to grant, assignment and variation of rights, but also to the exercise, expiry or termination of these rights. Also, build in time to instruct lawyers because filings cannot be made directly by the grantee.

What next?

The regulations will be made once they are signed by the Minister of State for Housing and Planning. Keep a look out for an announcement about this on MHCLG’s website.