Contractual control agreements: what the new transparency requirements mean

The government has published draft regulations that will require greater transparency in land arrangements. These changes will affect developers, housebuilders and promoters.

The government has recently published a draft of the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the Regulations). With a drive to increase transparency in the land market, the Regulations constitute a significant shift, requiring information previously kept confidential to be made publicly available.

Below is a summary of the purpose and scope of the Regulations, alongside practical steps you can take to prepare and ensure ongoing compliance.

What is the purpose of the Regulations?

The government aims to increase transparency in the land market. It is concerned that many arrangements grant rights to control the future use and/or ownership of land without the beneficiary owning that land.

As a result, details of these control rights are often not visible to the public, local communities or planning authorities, making it harder to understand land use patterns or identify development opportunities.

The Regulations seek to address this lack of transparency by requiring the beneficiary of a control right (typically a developer, housebuilder or promoter) to disclose key information to HM Land Registry. This data will be published from 6 April 2028 in a searchable public database and updated at least monthly.

The government hopes that increased transparency will support SME developers and local authorities.

What do the Regulations cover?

The Regulations apply to contractual control rights relating to land. These are rights which entitle the beneficiary to control the future use and/or ownership of land without owning it.

• Accordingly, the Regulations will apply to option agreements, conditional contracts, promotion agreements and pre-emption agreements which are written
• Relate to the whole or part of a registered title (either freehold or leasehold with a term of more than 15 years)
• Grant the right to control the disposal and/or development of the land
• Last for 18 months or more.

The Regulations will also apply to existing contractual control agreements which are varied, assigned or novated after 6 April 2027.

What agreements are exempt?

Exemptions include:

• Unwritten agreements
• Agreements relating to leases for a term of less than 15 years
• Agreements relating to unregistered land
• Restrictive covenants
• Overage agreements
• Rights granted exclusively for purposes unrelated to future development
• Agreements where the total period of control is less than 18 months (taking into account any extension provisions)
• Control rights granted in connection with:
  • Section 106 agreements where the right relates exclusively to the provision of infrastructure, amenities or services in connection with a grant of planning permission
  • National security or defence
  • Securing loan repayment.

What information must be disclosed?

Key information must be disclosed within a specified timeframe, including:

• Names of the parties to the agreement
• Companies House/Charity Commission registration numbers
• Date and place of birth of the grantor (if an individual)
• Type of contractual control right (for example, option agreement, promotion agreement or conditional contract)
• Date and title or description of the agreement
• Date from which the right can be exercised: or, if that depends on specific conditions being satisfied, a brief description of those conditions
• Initial period of control: the period from the start of the agreement to the point at which the right must be exercised or may expire, including details of any extension, renewal and termination provisions
• Title number(s) of the affected registered estate(s): and, where the right effects only part of a title, sufficient details to identify the relevant affected part
• Address and postcode of the relevant land
• Whether the affected estate includes land (including airspace) apart from the surface
• Details of any subsequent variations to any of the above information; and
• Details of assignments, expiry, termination or exercise of a right.

The required information does not include financial/price information.

Who must make the disclosure?

The required information must be submitted digitally by an individually regulated conveyancer acting for the beneficiary of the control right. Disclosure must be made via a digital service to be provided by the Land Registry which will be available from 6 April 2027.

The beneficiary of the control right cannot make the disclosure themselves. The government is seeking disclosure from a conveyancer, in order to provide assurance that the information provided is complete and accurate and that the person submitting it is professionally accountable for it.

When will the Regulations come into force?

The Regulations are expected to come into force on 6 April 2027.

From that date, there will be a 60-day period to submit information following the grant, variation or assignment/ novation of a contractual control right. The Land Registry must also be notified within 60 days of a contractual control right being exercised, terminated or expiring.

Transitional provisions will apply where agreements are entered into after the Regulations are made but before 6 April 2027. In these cases, information must be submitted by 6 October 2027.

What are the 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 relating to the relevant contractual control agreement until the required information has been provided.

What steps should you take now?

Developers, housebuilders and promoters should start preparing now by:

• Identifying affected agreements, including those which are intended to be varied, assigned or novated
• Implementing a record-keeping system for key details of new agreements which may need to be registered;
• Implementing a tracking system for agreements ending, being assigned/ novated, and for rights being exercised, so that legal advisers can register the changes within the required 60 days; and
• Ensuring confidentiality provisions in agreements allow for the disclosure required by the Regulations.