The Contractual Controls Register: More Transparency of Land Control

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the "Regulations"), laid before Parliament on 9 March 2026, will create a publicly accessible register of agreements that give parties control over land without actually owning it. The regime comes into force on 6 April 2027, but its reach extends to agreements entered into from the date the Regulations are formally made, which is expected in the second half of 2026. The new register has its legislative roots in Part 11 of the Levelling Up and Regeneration Act 2023 ("LURA") and was first proposed as part of the Government's Planning for the Future consultation.

Why is This Happening?

The Government considers that contractual control arrangements, which give developers or promoters influence over land without transferring ownership, are currently unhelpfully opaque to local communities, planning authorities and other market participants. This is perhaps a hangover from the days in the early years of the twenty-first century when some took the view that developers were land banking to the detriment of consumers and the housing supply.

Notwithstanding enquiries undertaken by Sir Oliver Letwin and by the CMA which found no evidence of this practice, the suspicion has not died out. A searchable database of land controls, maintained by HM Land Registry, will soon allow us all to know who can do what with a piece of land, even if they do not own it.

Which agreements are in scope?

The Regulations capture written agreements over registered land that grant a "contractual control right", essentially a right to require a landowner to sell the freehold or grant a lease of more than 15 years. The four main categories are option agreements, conditional contracts, pre-emption rights and promotion agreements (or similar arrangements under which one party can direct a landowner to dispose of land to a third party). To be caught, the right must be held for business or charitable purposes, relate to proposed development comprising at least one dwelling or 100 square metres of floorspace, and have a total period of control of at least 18 months. The minimum duration was increased from 12 months in the original proposals following industry pushback on the grounds of proportionality.

Certain agreements are exempt. These include security arrangements (such as rights granted to secure a loan or overage obligations), rights relating to leases with fewer than 15 years remaining, s\Section 106 obligations exclusively concerning infrastructure or amenities, national security contracts and rights held exclusively for non-development purposes. Restrictive covenants and overage agreements fall outside of the scope of the Regulations entirely.

The Regulations do not apply to unregistered land, of which there remains about 10% of land in England and Wales, and in respect of which the land charges regime will continue to apply.

What is Disclosable, and Who Must Disclose?

The duty to register falls squarely on the grantee, typically the developer or promoter benefiting from the right. The prescribed information includes the names of the parties, entity identifiers (such as Companies House registration numbers), the type of right, key dates and extension provisions, and the title number and address of the affected land. The underlying agreement itself will not be published, and financial terms will remain confidential. However, the mere existence of an agreement and its duration will be publicly available, a fact that many in the development sector regard as commercially sensitive.

Key Dates and Deadlines

As mentioned above, the Regulations come into force on 6 April 2027, when HM Land Registry will launch its digital submission service. However, agreements entered into between the date the Regulations are made (expected imminently) and 6 April 2027 must be registered by 6 October 2027. For trigger events occurring after 6 April 2027 (such as the grant or exercise of relevant rights), information must be submitted to HM Land Registry within 60 calendar days of the trigger event arising. From April 2028 onwards, HM Land Registry will begin publishing the data on at least a monthly basis in a standardised, downloadable format.

Notably, the original and controversial proposal to retrospectively capture agreements dating back to 2021 has been dropped. That said, any pre-existing right that is assigned or varied after 6 April 2027 will trigger an initial registration obligation.

Enforcement

HM Land Registry may refuse to register a notice or restriction in respect of rights affecting a title where the mandatory information has not been submitted, meaning a developer who fails to comply could find itself unable to protect its contractual interest against subsequent purchasers of the land. Submissions to the register must be made by a registered conveyancer, making the legal profession effectively a gatekeeper of compliance.

There are also criminal sanctions. Failing to comply, or knowingly or recklessly providing false or misleading information, constitutes a criminal offence under Section 225 of LURA. Penalties can include up to two years' imprisonment and/or an unlimited fine. Offences may be committed by individuals, partnerships, corporate entities, and officers or employees acting on their behalf.

Cui bono?

Despite the land banking myth having been debunked some years ago, the Government has stated that it hopes the new transparency will help local authorities to have a better understanding of what rights over land are held in any given area. The knowledge may also benefit stakeholders, such as local pressure groups who want to frustrate any development in their own back gardens.

At a time when the planning regime in England and Wales is being streamlined to get Britain building, it is perhaps a counterintuitive initiative that enmeshes developers in yet more red tape.