The register of contractual controls: what you need to know
The Provision of Information (Contractual Control) (Registered Land) Regulations 2026
What is it?
The government has published a draft version of the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 introducing a new public register of contractual control rights relating to development. Stemming from the Levelling-up and Regeneration Act 2023, the regulations will impose a duty to provide information about rights in certain land agreements where those rights give a person power to control how land is used or developed, short of legal ownership. The regulations are expected to come into force on 6 April 2027.
The first edition of the public register (which doesn't have an official name yet) is expected to become available in April 2028 and will be available for anyone to view.
What is a contractual control right?
The following rights will be affected, where these relate to development:
- options to purchase;
- rights of pre-emption (i.e. rights of first refusal);
- conditional contracts for sale (for example, contracts to purchase conditional on obtaining planning permission); and
- rights to direct that an owner sells to a third party (typically contained in promotion agreements).
The regulations apply only:
- to registered freehold or leasehold land (not unregistered land or leases with less than 15 years remaining on the term);
- where the right is held for the purposes of an undertaking or business; and
- where the right relates to future development.
Why is this important now?
The regulations are expected to be made in the first half of 2026. Whilst they don't come into force until 2027, all relevant rights granted during the transitional period between the date of the regulations and 6 April 2027 will be caught by the registration requirements, including some transactions currently in negotiation.
This means you need to act now.
Exemptions
There are some exemptions. Rights relating to the following will not need to be registered:
- rights relating to loan security or security for an overage;
- rights which are for purposes other than development (e.g. maintenance, utilities or farming);
- rights lasting less than 18 months in total;
- rights granted in section 106 agreements relating exclusively to infrastructure or services;
- rights affecting leases with fewer than 15 years remaining on the term; or
- rights relating to national security or defence.
How will this affect you?
If you are receiving the benefit of a right which is caught by these regulations, it will be your responsibility to ensure that it is registered. Not only will you need to register the right at the time it is granted, but further information will need to be provided each time a right is assigned, varied, exercised or determined.
Among other details, the following information will need to be submitted for registration:
- who the parties are to the relevant agreement;
- the nature and duration of the relevant agreement; and
- the land affected.
However, you won't need to submit a copy of the relevant agreement. The guidance supporting the draft regulations states that the information on the register will include core data such as the location and extent of the land affected, the identity of the person with the benefit of the right, the type and duration of the control right, and the date the right was granted or exercised, and so it appears that information on financials (such as purchase price) will not be on the public register.
Key dates
After the 'go-live' date of 6 April 2027, registration is required within 60 days of a right being granted, varied, or assigned (or, if already registered, exercised or determined).
Confusingly, if a right is granted, varied or assigned in the transitional period between the date of the regulations and 6 April 2027, then there is a slightly longer period to register, and such rights must be registered by 6 October 2027.
Unfortunately, it is not yet clear how the rights will be registered except that HM Land Registry will run the registration platform, and that registration must be made via a solicitor or conveyancer.
In addition, we do not yet have any information as to whether HM Land Registry will charge a fee for the registration, but we expect that to be the case.
What happens if you don't comply?
Compliance is mandatory. Failure to comply is a criminal offence under section 225 of the Levelling-up and Regeneration Act 2023 and can result in a fine, imprisonment, or both.
The wider commercial impact
Whilst the policy objective to improve transparency in the land market is laudable, there could be unintended impacts on the residential and commercial development market.
Legal risk: to avoid criminal sanctions for minor administrative errors, developers need to ensure that they have robust enough systems in place to deal with the registration requirements within the correct time frames.
Confidentiality risk: once the existence of land control arrangements becomes public, competitors, neighbouring landowners and local stakeholders will have full visibility of those arrangements. Land assembly exercises involving concurrent confidential negotiations with multiple landowners will no longer be private commercial arrangements.
Opposition to development: those opposed to development will have more time to prepare objections during the planning process or take other steps to frustrate or delay schemes, potentially increasing costs.
Deal structuring: developers will need to consider how deals might need to be reshaped for particularly sensitive deals where a people-first approach to land assembly and development is needed.
If you have any questions relating to the new register or would like to discuss how these changes may affect your current or upcoming transactions, please do reach out to us.
