Rachel Walbourn
- Partner
- Housebuilders & Residential Development
New transparency requirements for Contractual Control Agreements
The Regulations constitute a significant shift from the existing position, as information that was previously confidential will become publicly available. In this note, we outline the scope of the Regulations and the practical steps that can be taken to prepare for these changes and for ongoing compliance.
KEY TAKEAWAYS
- New rules will require disclosure of contractual control agreements over land.
- A wide range of development-related rights will be caught.
- Key details must be submitted to the Land Registry within strict deadlines.
- Information will become publicly accessible, increasing market transparency, meaning it will now be easier for competitors, local communities, planning authorities and other stakeholders to identify strategic land opportunities and development strategy and in some cases contest them.
- Non-compliance may lead to criminal penalties and practical restrictions.
- It remains to be seen whether these measures will deliver the intended policy outcomes, or whether the immediate consequence will be upward pressure on land prices and reduced flexibility in respect of site assembly strategies.
- Further guidance is expected ahead of April 2027, and we will keep you updated as more detail emerges.
The government recently published a draft of The Provision of Information (Contractural Control) (Registered Land) Regulations 2026 (the “Regulations”). The new regime marks a significant shift towards greater transparency requiring developers, housebuilders and promoters to disclose key details of certain contracts to the Land Registry, with specified information to be published in a public database.
THE NEW REGIME – WHAT IS COVERED?
The Regulations target contractual control rights, which give a party control over the future use or ownership of land without actually owning it.
The Regulations catch option agreements, conditional contracts, promotion agreements and pre-emption rights and extend to both absolute and conditional rights.
They apply to:
- Written agreements;
- Over the whole or part of registered land (freehold or leasehold title with a term of more than 15 years);
- Which gives control over the disposal or development of such land; and
- Which lasts for 18 months or more.
The Regulations also apply to existing rights that are varied or assigned after 6 April 2027.
ARE THERE ANY AGREEMENTS OUTSIDE THE NEW RULES?
Some rights are excluded from the Regulations:
- Security arrangements;
- Short leases with a term of 15 years or less;
- Non-development arrangements (rights granted for purposes that do not relate to future development);
- Short term rights (period of control of less than 18 months);
- Rights relating to section 106 agreements; and
- National security or defence related rights.
WHAT INFORMATION NEEDS TO BE PROVIDED?
The Regulations create an obligation to submit key information about each contractual control agreement to the Land Registry. This includes:
- Date, parties and title or description of the agreement;
- Date from which the right can be exercised;
- Initial period of control;
- Title number and address of land;
- Whether the land includes any land (including airspace) other than the surface;
- Variations to this information; and
- Details of assignments, expiry, termination or exercise of a right.
The beneficiary of the right (and not the landowner) will be responsible for submitting the information, although the submission itself must be made by a regulated conveyancer through the Land Registry’s digital platform.
TIMING AND KEY DEADLINES
The Regulations are expected to be made in the first half of 2026 (with the exact date to be confirmed) and will come into force on 6 April 2027.
From 6 April 2027, there will be a 60 day period to provide the relevant information to the Land Registry following the grant, variation or assignment of a contractual control right. The Land Registry must also be notified within 60 calendar days of a right expiring, being exercised or terminated.
There are transitional provisions if an agreement is entered into after the Regulations are made but before 6 April 2027, in which case the relevant information will need to be submitted to the Land Registry by 6 October 2027.
WHAT WILL BE PUBLISHED?
The government’s aim is to increase transparency over land that is subject to contractual control agreements. The data will be published from 6 April 2028, in a searchable format. Updated data will be published at least once a month.
Published information will include the identity of the grantee, location and extent of the affected land, type and duration of the right, and the date that it was granted or exercised.
CONSEQUENCES OF NON-COMPLIANCE
Failure to comply with the Regulations, or knowingly or recklessly providing false or misleading information will be a criminal offence punishable by imprisonment or a fine.
The Land Registry may also refuse an application to register a notice or restriction in relation to a contractual control agreement until the information required by the Regulations has been provided.
NEXT STEPS
Developers, housebuilders and promoters should start taking steps now to prepare for the Regulations:
- Identify affected land and agreements, including those which are intended to be varied or assigned;
- Implement a record-keeping system for the key details of new agreements which may need to be registered;
- Implement a system for agreements ending, being assigned or varied and for rights being exercised, so that legal teams can register the changes within the required 60 days; and
- Consider confidentiality provisions to allow for disclosure of the required information to the Land Registry.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
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Liam Floodgate
- Partner
- Housebuilders & Residential Development
Harriet Forster
- Partner
- Housebuilders & Residential Development
