Is your organisation's land portfolio ready for the new contractual controls register?

New regulations are changing the way rights over land must be managed.  For public sector bodies and local authorities, these changes are particularly relevant as many of the agreements that you use to control or acquire land for development and regeneration will now need to be registered at HM Land Registry and such information will become accessible to the general public.  Failure to comply is a criminal offence.

Here is what you need to know, and what you need to do.

What agreements are captured?

The regulations cover what are called "contractual control agreements".  Broadly, that is any agreement under which your organisation holds a right to acquire or control land.  Common examples include option agreements, conditional contracts, pre-emption rights and promotion agreements.

The rules apply if:

• The right relates to freehold and leasehold registered land in England and Wales (not including leases with less than 15 years remaining at the time the right is granted).
• The right is held for the purpose of an undertaking such as a business, charity or other organised activity.  It includes rights held by organisations exercising functions of a public nature, so local authorities and other public sector bodies are directly within scope, not just private developers.
• The total period of control is 18 months or more.

The rules do not apply to:

• Rights granted purely to secure repayment of a loan or mortgage or as security for an obligation to pay overage.
• Rights that are held exclusively for purposes other than future development.
• Rights in a contract made with a local planning authority, relating exclusively to the provision of infrastructure, amenities or services in connection with a grant of planning permission (for example, obligations under a section 106 agreement).
• Rights contained in a contract made for the purpose of national security or defence.
• The total period of control is less than 18 months.

If you are unsure whether a particular agreement is caught, take advice early as the scope is broader than many organisations expect.

What will you need to do?

• From 6 April 2027, if your organisation is the beneficiary (or Grantee) of an agreement that is within the scope of the regulations, you must register the agreement.  You will have to supply required information to HM Land Registry digitally via a regulated conveyancer.  The regulations apply to contractual control agreements made on or after 8 June 2026 so you cannot wait until April next year to take action.
• The regulations require (amongst other things) names of the parties to the agreement, type of contractual right, title numbers affected and date from which the right can be exercised to be provided to HM Land Registry.  You will not need to disclose the price or any other financial terms of the agreement.  The information provided to HM Land Registry will become public and after 6 April 2028, will become searchable in a database maintained by HM Land Registry.  
• In addition, contractual control rights will be protected on the title register by the entry of a notice or a restriction and will therefore alert parties to the existence of any contractual rights that the land is subject to.  At this stage, it is not clear what form any restriction will take but additional steps may need to be complied with on any disposal of land.

What happens if you don't comply?

• Criminal liability – Failing to comply with the regulations, or knowingly or recklessly providing false or misleading information in response to the requirements, constitutes an offence under section 225 of the Levelling-up and Regeneration Act 2023.
• Problems on transactions – if you are selling, leasing or charging land that is subject to a contractual control arrangement, buyers and funders may require evidence that the regulations have been complied with.  

What do you need to do now?

The regulations apply to contractual control agreements made on or after 8 June 2026 so you cannot wait until April next year to take action.

• Audit your land agreements – identify any option agreements, conditional contracts or pre-emption rights your organisation holds or has granted over registered land in England and Wales.
• Check the date – agreements entered into on or after 8 June 2026 are caught by the new rules.
• Apply the exemptions – consider whether any agreements fall within any of the exclusions.
• Know the deadlines – for new rights granted on or after 6 April 2027, Contractual Control Information must be submitted within 60 days of the trigger event.  For rights granted during the transitional period (8 June 2026 to 5 April 2027), the deadline for submission is 6 October 2027.
• Remember the ongoing obligation – the duty to notify does not end when an agreement is registered.  You must also notify the Land Registry within 60 days when a right is exercised, expires or is terminated.
• Consider timing of any variations – if your organisation is planning to vary or assign an existing agreement that pre-dates 8 June 2026, take advice before making any changes.
• Check confidentiality provisions – review existing agreements to identify any confidentiality clauses that may restrict your ability to provide information to the Land Registry.  New agreements should include a carve-out permitting disclosure for the purposes of the Regulations.
• Appoint a regulated conveyancer – you will need a solicitor or licensed conveyancer to submit registration information on your behalf.
• Update your internal process – review your contract management and estate management procedures so that new agreements are captured as they are entered into.
• Get advice – if you are uncertain whether an agreement is caught, or what the register entry will mean for future transactions, seek advice now.

Control, transparency and strategy

The introduction of these regulations marks a significant development in the drive for greater transparency in the control and development of land.  By requiring the disclosure of contractual control arrangements that have traditionally remained private, the regime will provide public authorities, developers and other stakeholders with greater visibility of future development interests in land.  With reporting obligations applying to both new and certain existing arrangements, developers and landowners should ensure that any affected agreements are registered following 6 April 2027 to ensure statutory compliance and that land registry records are kept updated to avoid any potential issues when selling, leasing or charging land.

Getting ahead of the requirements now gives you more control, reduces your legal risk, and ensures that you are well prepared when the first registration deadline arrives.

If you would like to talk through how these requirements apply to your organisation's agreements, get in touch with our team.

Author: Annabelle Wilson

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at July 2026.  For more information see our terms & conditions.