The Contractual Control Rights register

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 introduce a major transparency regime for land development across England and Wales. Under the new rules, businesses must disclose details of specific land agreements to HM Land Registry.

The Regulations aim to create an open public register showing who holds strategic control over land development. While the digital registration system is not yet live, a transitional period began on 8 June 2026. This means current transactions are already falling within the scope of the new rules. Some key questions are answered below.

What is a contractual control right?

A contractual control right is a right granted in writing that gives an organisation the power to control how registered land is used or developed without immediate legal ownership.

The rules apply strictly to written business, charity, or corporate agreements. Rights granted to individuals in a personal capacity are exempt. 

Which agreements fall within the scope of the Regulations?

The Regulations target arrangements that influence whether, when and how land is brought forward for development. The most common arrangements affected include: 

• Option agreements
• Pre-emption agreements
• Conditional contracts 
• Agreement for lease
• Certain land promotion agreements

What are the qualifying criteria for registration?

An agreement containing a contractual control right must be registered if it meets all of the following conditions: 

• Qualifying Estate: It relates to a registered freehold, or a registered leasehold with more than 15 years remaining at the date of the grant.
• Relevant disposal: It involves a transfer of a legal estate or the grant of a lease exceeding 15 years.
• Development size: The planned development will create at least one dwelling (house or flat), or a building with a newly related floorspace of 100 square meters or more.
• Duration: The total agreement period, including any built-in extensions, lasts over 18 months

Who is responsible for submitting the information?

The legal obligation to report the data rests entirely with the grantee – the person or organisation benefitting from the contractual control right. 

What are the key implementation dates?

The roll-out of the Contractual Control Register follows a strict timeline over the next year: 

• 8 June 2026: The Transitional Period begins. Any qualifying agreements entered into on or after this date must be recorded internally for future registration.
• 6 April 2027: The Regulations officially come into force and the HM Land Registry digital registration system goes live.
• 6 October 2027: The hard deadline to report all qualifying agreements that were entered into during the transitional period (8 June 2026 to 6 April 2027).
• Ongoing (Post-6 April 2027): Any new qualifying agreement, variations, or terminations must be submitted to the register within 60 calendar days of the event. If an agreement which contains a qualifying right is varied, changed or assigned, expires, is exercised or ends early after 06 April 2027, information must be submitted within 60 calendar days. Note that this will apply to existing rights which were entered into before 06 April 2027 where that right falls within the definition set out within the Regulations.

What data must be registered at Land Registry from 6 April 2027?

The contractual control rights data included in the registration will include core information such as:

• name of the grantee and grantor: the parties to the agreement;
• type and duration of the contractual control right: e.g option, pre-emption, or right to acquire land under a conditional contract, as defined in the Regulations;
• date, parties and title or description of the underlying agreement: identifying when the agreement which granted the right was entered into and what it is called;
• date from which the right can be exercised: including a brief description of any specific 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 any provisions to extend, terminate or renew it; and
• title number: where the right affects only part of a title, a plan or description to identify the land concerned.

The Land Registry will publish the registered data on 6th April 2028 and this will then be republished monthly.

What happens if an organisation fails to comply?

The consequences of ignoring the Regulations are severe: 

• Penalties: Non-compliance can result in direct financial criminal penalties for both the beneficiary (grantee) and their regulated conveyancer.
• Loss of legal protection: A developer or promotor who fails to register a right will be unable to protect it against future landowners via a notice or restriction on the affected title. These risks making the hard-fought control right completely unenforceable against a subsequent purchase.

What next?

We are anticipating the Land Registry will be issuing guidance in the coming months relating to the registration process.

We strongly recommend that developers and landowners take immediate action during this transitional window:

1. Audit your portfolio: Review current land acquisitions and development pipelines to pinpoint agreements that fall under these criteria.
2. Track transactional agreements: Establish airtight internal records for any qualifying deals signed on or after 8 June 2026 to ensure zero data gaps when the system launches.
3. Update reporting procedures: Work alongside your legal and conveyancing teams to build compliant workflows well ahead of the 6 April 2027 live date.

For more details on how these compliance rules affect an upcoming transaction, please reach out to Nick Thackray and Daisy Scaife.

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