Transparency Of Land Control: Contractual Control Agreements

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (Regulations) were made on 8 June 2026.

Since the Regulations contain a retrospective element, it will be necessary to understand the new information disclosure regime that the Regulations will introduce and the need to keep records in advance of that new regime coming into force in April 2027.

What are the new Regulations?

The Regulations relate to the “contractual control” provisions within the Levelling Up and Regeneration Act 2023 (LURA) and the Government’s response to the Contractual Controls Consultation. Guidance has also been published.

The Regulations require information about “contractual control rights” to be provided to HM Land Registry to ensure greater transparency of arrangements that are used to control land.

When will the Regulations come into effect?

The Regulations will come into force on 6 April 2027. However, there is an element of retrospectivity and certain agreements entered into prior to that date will be caught (see below).

What are the new disclosure obligations?

Any person who has the right to enforce a “contractual control right” will be required to provide “contractual control information” relating to that right to HM Land Registry. This will often be a developer, promoter or other party acquiring rights over land.

The contractual control information will need to be provided within 60 days of one of the following events (occurring after 6 April 2027):

• the grant of a contractual control right;
• the assignment of a contractual control right;
• a variation of a contractual control right which changes the type or scope of the right granted, the land affected, the period or duration of the right or any conditions that govern its exercise.

Where a person is granted a contractual control right on or after the date the Regulations are made, but before 6 April 2027, that person must provide “contractual control information” relating to that right to HM Land Registry before 6 October 2027.

The initial proposal (set out in a previous 2024 Consultation) was to collect data on existing agreements entered into from 6 April 2021, however, this look-back has not been included in the Regulations.

What is a “contractual control right”?

A contractual control right is one of the following types of rights that has been set out in writing, and which is not exempt:

• an option that binds the owner to enter into a disposal (e.g. a call option);
• a conditional agreement or contract which require contractual conditions to be satisfied before a disposal is made (e.g. a conditional sale contract or conditional agreement for lease);
• a pre-emption right (e.g. a pre-emption agreement which entitles a potential buyer to a right of first refusal); or
• a right granted by owner to direct or request that the owner makes a disposal to a third party or the person to whom the right is granted (e.g. collaboration, JV agreements and promotion agreements might contain rights which regulate how an owner can dispose of their land).

In each case, the right must relate to a “qualifying estate” meaning a registered freehold or leasehold estate in land. This does not include leases with a term of less than 15 years left to run on the date that the contractual control right is created. A “registered estate” in land means a legal estate therefore the Regulations do not apply to unregistered land.

The “disposal” must, in each case, be a transfer of a legal estate or grant of a “term of years absolute” (often but not always the grant of a lease) for a term of 15 years or more. This means that disposals by way of shorter-term leases will be excluded.

For a contractual control right to fall within scope of the Regulations, it must be a “relevant contractual right”. This means that it must:

• arise under a contract;
• relate to the development, use or disposal of land in England or Wales; and
• be held for the purpose of an undertaking (meaning a business, charity, or other organised activity). Therefore, the Regulations do not apply to rights held by individuals for personal, non-business purposes.

What are the exemptions?

Agreements made for the purposes of “national security” or defence or agreements made to facilitate finance and loan agreements are not in scope (e.g. overage obligations). This includes overage obligations and arrangements purely to secure repayment of a loan.

Rights that are exclusively for non-development purposes fall outside the requirements (the right must demonstrably have no realistic link to development). To qualify as “non-development” the right must not result in the provision of dwellings or the provision of a building with floorspace of 100 sq m or more. If one of the purposes of a contract is development, or disposal of land for development, it is likely to be within scope of the Regulations.

The exemptions include short term rights that amount to a total period of control of less than 18 months (i.e. the maximum duration of the contractual control right, taking into account any extension provisions or longstop dates).

Rights contained in a s.106 agreement with a local authority where the rights relate exclusively to provision of infrastructure, amenities or services in connection with a grant of planning permission are exempt.

What is “contractual control information”?

This is the information that the Regulations mandate must be disclosed in order to identify the person(s) holding relevant contractual control rights and the circumstances in which those rights were created or acquired.

The information comprises the following data set:

• the full names of the person who enters into the contract that creates/confers the contractual control right (grantor) and the person entitled to enforce that right (grantee);
• where the grantor or grantee is a body corporate, partnership or other legal person a unique reference or registration number;
• where the grantor is an individual, their date and place of birth;
• the type of contractual control right;
• the date, parties to, and title or other description of the contract that created or conferred the contractual control right;
• in the case of an option, conditional contract or right to request a disposal to a third party the date from which the contractual control right can be exercised, or where the date is conditional the details of the relevant conditions;
• details of the “initial period of control” (i.e. the first period during which the grantee may exercise the right, as set out in the contract) and any extension provisions;
• the title number of the qualifying estate and, where only part of the land is subject to the contractual control right, sufficient detail to identify the affected part;
• the address and postcode of the land that is subject to the contractual control right and details of whether or not it includes land (including airspace) that is held apart from the surface.

What happens when a contractual control right expires/terminates/is exercised?

Additional information needs to be provided. HM Land Registry must be notified of any variation, termination or exercise of the whole or any part of the contractual control right.

The notification must be provided via a conveyancer making a digital application within 60 days of the event occurring.

The notification must be accompanied by:

• confirmation of the event type (i.e. whether it is variation, termination or exercise);
• confirmation of whether the event type is whole or partial; and
• in the case of partial determination, sufficient detail to identify the affected land.

How will information be submitted?

HM Land Registry will launch a digital service for submitting contractual control information (expected 6 April 2027). Technical guidance will be published to assist with providing the required information.

How will information be stored?

HM Land Registry will publish a dataset comprising this information at least monthly with the first dataset being published as soon as possible after 6 April 2028.

The dataset will include “core information” comprising: 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.

The information will be retained in a structured, open database which will be accessible and searchable. However, HM Land Registry will have powers to impose conditions on anyone who requests access to information published in a dataset.

How will enforcement work?

Where an application is made to HM Land Registry to enter a notice or restriction on title to protect a contractual control right, contractual control information must also be submitted.

Failure to provide contractual control information will mean that the contractual control right will not be “protected” in registration terms. Registration should therefore be self-policing; the potential impact on applications is a clear transactional incentive to comply.

Do any offences or penalties arise for failure to comply with the Regulations?

Where an offence is committed by one of the following entities, a relevant officer of that entity who permits, participates in or fails to take all reasonable steps to prevent the commission of the offence will also commit the offence.

A person commits an offence if they fail, without reasonable excuse, to comply with a requirement imposed in the Regulations and is liable on summary conviction to imprisonment for up to six months (current guidelines) or a fine or both.

A person commits an offence if they knowingly or recklessly provide information (e.g. contractual control information) in response to a requirement under the Regulations and that information is false or misleading in a material way. Summary conviction carries imprisonment for up to six months (current guidelines) or a fine or both. Conviction on indictment results in imprisonment for a term not exceeding two years or a fine or both.

What practical steps should be considered?

Registers should be created which record details of contracts that contain contractual control rights and that will be (and are) entered into from 8 June 2026 (the date the Regulations were made). Contractual control information will need to be collated for each of the contracts identified by this process ready for submission when the online portal opens in April 2027.

Systems will need to be created to flag when a contractual control right is assigned or varied which triggers the 60-day timeline within which to provide contractual control information to the Registrar. A similar system will need to flag when contractual control rights are exercised.

Anticipated dates for termination or expiry of contractual control rights should be diarised to ensure that the notification requirement can be met. Particular care will need to be taken regarding agreements that are capable of being terminated prior to a set expiry date.

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