Posted Wednesday 5th August 2026
Developers, promoters and landowners will soon face new disclosure obligations for certain land agreements, including options, pre-emption rights, conditional contracts and promotion agreements.
The new regime is being introduced under the Provision of Information (Contractual Control) (Registered Land) Regulations 2026. The Regulations were made on 8 June 2026 and will come into force on 6 April 2027.
While April 2027 may feel some way off, businesses should not leave this until next year. The transitional provisions mean that certain rights granted from 8 June 2026 onwards may need to be reported once HM Land Registry’s new system goes live.
What are contractual control rights?
Contractual control rights are rights contained in agreements that give a person control over how land is used, developed or disposed of, without that person necessarily owning the land.
The Regulations are intended to capture commonly used development arrangements, including:
These arrangements are often used in strategic land transactions, particularly where developers or promoters are looking to secure a future interest in land before planning permission has been obtained or before a site is ready to be acquired.
Not every agreement will be caught. Exemptions include certain short-term arrangements, some section 106 agreements and rights that do not relate to qualifying future development.
Importantly, “development” is defined narrowly for these purposes. The proposed development must result in the creation of at least one dwelling house or an increase in floorspace of 100 square metres or more. Businesses carrying out only a change of use or internal refurbishment works should therefore not assume that their arrangements fall within the new regime.
Whether an exemption applies will depend on the terms of the agreement and the nature of the proposed development.
What land is caught?
The Regulations apply to registered land in England and Wales. This includes freehold land and leasehold land where more than 15 years remain on the lease at the time the relevant right is granted.
What information must be provided?
Where the Regulations apply, information about the relevant right must be provided to HM Land Registry. This includes details of the parties, the land affected, the type of right granted, the date of the agreement, when the right can be exercised and the duration of the right.
Further information must also be provided if the right is assigned, varied, exercised, expires or otherwise comes to an end.
When does the information need to be submitted?
For rights granted on or after 8 June 2026 but before the Regulations come into force on 6 April 2027, the required information must be submitted to HM Land Registry by 6 October 2027.
For rights granted on or after 6 April 2027, the information must usually be provided within 60 days of the grant, assignment or written variation of the right.
Where an application is made to protect the right on the title register, for example by entering a notice or restriction, the information must be provided at the time of that application.
Why does this matter?
The legal requirements are important, but the wider commercial impact is likely to be the real issue for developers and promoters.
Many strategic land arrangements have historically remained private unless protected on the title register. The new regime is intended to give local authorities, communities and other market participants greater visibility over who controls land and where future development opportunities may exist.
That increased transparency may be welcomed by local authorities and smaller developers. However, for developers and promoters, it could also make land strategies, development pipelines and commercially sensitive positions easier for competitors and other interested parties to identify.
It may also lead to greater scrutiny from local communities, particularly where proposed development is sensitive or controversial.
What happens if the requirements are not met?
Failure to comply with the Regulations, or knowingly providing false or misleading information, may amount to a criminal offence under section 225 of the Levelling-up and Regeneration Act 2023.
There may also be practical consequences. HM Land Registry may refuse to register or update a notice or restriction if it is not satisfied that the relevant information has been provided.
What should developers do now?
Developers, promoters and landowners should start preparing now, rather than waiting until the regime comes into force.
In particular, businesses should:
Conclusion
The Regulations are part of a wider move towards greater transparency in the property sector. While the reporting requirements themselves may be manageable, the commercial implications could be more significant.
For developers and promoters, the key issue is not simply compliance. It is understanding how greater visibility over strategic land arrangements may affect deal structures, land assembly strategies and relationships with local stakeholders.
With the transitional provisions already in effect, businesses entering into development agreements now should ensure they are keeping the records they will need when the regime goes live in 2027.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
Joelson has provided independent advice to the founders and management team of Brady Solicitors, the specialist property management law firm, on securing investment from LDC, the private equity investor that is part of Lloyds Banking Group.
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