June 2026
For decades, developers and promoters have used options, conditional contracts, and pre-emption agreements to control land they do not own, and until now, this has been relatively invisible to the public. New regulations are about to change that, with far-reaching implications for how land transactions are structured, valued, and negotiated.
The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the "Regulations”) will require disclosure of certain contractual control rights (CCRs) over registered land in England and Wales — a significant step towards transparency around who really controls development land.
What are CCRs?
A CCR is a right in a written agreement that regulates or prevents a transfer or long lease (15 years or more) affecting a qualifying estate [1] or allows the beneficiary to direct such a transaction. To be caught, the right must last at least 18 months; although note that extension rights and other provisions extending the control period must be taken into account.
What is excluded?
In broad terms, rights granted solely for non-development purposes are excluded. These include security arrangements; short leases (under 15 years); rights lasting fewer than 18 months; section 106 planning obligations; and national security or defence contracts.
The exemptions should be treated with care as they may be interpreted narrowly – the availability of an exemption should be checked carefully. Perhaps surprisingly, overage arrangements, clawback provisions, and restrictive covenants (that do not contain transfer controls, consent rights, options, pre-emption rights or restrictions on disposal that could be caught) fall outside the scope of the Regulations.
Who must comply?
The principal reporting obligation rests with the beneficiary (grantee) of the CCRs, which is typically the developer or land promoter. In practice, the grantee’s solicitors will file the application with HM Land Registry.
What must be disclosed?
The following details must be reported to HM Land Registry regarding CCRs:
- the parties to and date of the underlying agreement;
- the nature of the CCR;
- when the right becomes exercisable, including any pre-conditions;
- the duration and any extension or termination provisions; and
- the title number and address and other details of the affected land.
Where a contract contains more than one type of CCR, each must be reported separately.
While the existence and nature of the control right may be commercially sensitive, developers will at least be relieved to know that other commercially sensitive details such as the price, premium, and any overage, are not reportable.
Key dates and transitional arrangements
The Regulations come into force on 6 April 2027. Any CCR entered from 8 June 2026 and before 6 April 2027 must be reported by the grantee before 6 October 2027. We would strongly recommend capturing the required information at the outset.
Pre- 8 June 2026
Reporting not required, unless CCR is assigned or materially varied after 6 April 2027.8 June 2026 - 5 April 2027
Contractual control information must be submitted to HM Land Registry by 6 October 2027.6 April 2027 onwards
Any new, varied or assigned CCRs must be reported within 60 days. Determination, expiry or exercise must then be reported within 60 days.
Don’t assume that older agreements are unaffected. While pre-8 June 2026 CCRs are not subject to the transitional reporting obligation merely because they continue to exist, from 6 April 2027 a reporting obligation may arise if they are varied or assigned after 6 April 2027.
For events occurring on or after 6 April 2027, the reporting deadline is 60 days from the trigger event. rigger events include the grant of a new CCR, assignments, and certain variations of them. Where contractual control information has already been provided, the grantee must also notify HM Land Registry within 60 days of the complete or partial expiry, exercise, or determination of a right.
From 6 April 2028, HM Land Registry will publish the data in an open database at least monthly.
Enforcement
The consequences of non-compliance are deliberately severe. Failure to comply without reasonable excuse, or knowingly or recklessly providing false or misleading information, is a criminal offence. Individuals, companies, and their officers can all be liable.
HM Land Registry may also refuse to register a notice or restriction that appears to relate to a CCR if it is not satisfied that the required information has been provided. That may leave the grantee unable to protect the right by notice or restriction, but it does not replace the grantee’s separate reporting obligations
Practical considerations
- Ongoing compliance. Reporting is not a one-off. Variations, assignments, expiry, and exercise of a right must each be notified within 60 days. Your precedent documents should require grantees to instruct a solicitor and file within the window — otherwise even an expired right could leave the grantee in breach.
- Strategic implications. Public visibility from April 2028 could reshape negotiations, valuations, and planning strategy. Some developers may decide that the simplest response is to acquire land outright rather than rely on contractual control — a shift that could significantly affect flexibility in development pipelines.
- Transparency trade-offs. Greater openness may encourage earlier community engagement, but this cuts both ways: opponents will have more time to organise objections, land values could be bid up, and smaller developers may face competitive disadvantage.
- Outstanding questions. It remains unclear how the new register will interact with the existing register of title, or how data accuracy will be verified. HM Land Registry has yet to publish detailed guidance on these points.
What should you do now?
We recommend that you:
- Audit your portfolio. Review all existing control agreements to identify which are caught by the Regulations and which may benefit from an exemption.
- Diarise key dates. Note any renewals, variations, assignments, or exercises falling after 6 April 2027.
- Keep records. Record disclosure information for CCRs from 8 June 2026 onwards.
- Update your precedent documents. Standard forms should oblige grantees to file within 60 days and to notify HM Land Registry of any subsequent changes. Grantors should be required to provide necessary information in advance of completion.
- Assign compliance responsibility. Ensure a named individual is accountable for filings and that all reportable information — party details, title numbers, and control periods — is captured at sign-off.
- Consider the commercial impact. From April 2028, your land control arrangements will be visible to the public — competitors, community groups, and local authorities. Factor this into valuations, negotiations, and engagement strategy now.
Our Real Estate team regularly advises developers, investors, landowners, and lenders on site assembly and development transactions. If you would like assistance with portfolio reviews, precedent updates, or compliance planning ahead of the new regime, please contact Nick Wood or any member of the team.
[1] A qualifying estate excludes a leasehold estate with less than 15 years remaining when the right is created or conferred
