Introduction of the Contractual Controls Regime – How will this impact property development?

April 21, 2026
What are the Contractual Control Regulations 2026?

The Government is introducing new regulations to increase transparency around contractual arrangements regarding the development or disposal of registered land. Guidance has been published which supports the implementation of ‘The Provision of Information (Contractual Control) (Registered Land) Regulations 2026’ which are set to come into force on 6 April 2027.

What is changing?

The regulations require certain contractual control agreements to be disclosed to HM Land Registry to then be recorded on a new public contractual control register. From April 2028, the Land Registry will publish monthly datasets publicising key details relating to these development control arrangements.

Which types of agreement are caught?

The regulations apply to contractual controls rights over registered land. The government guidance states that these rights are found in common types of development-related agreements typically used to control future ownership of land without immediate acquisition. These agreements include option agreements, conditional contracts, pre-emption agreements and promotion agreements. For a development agreement to be caught, it must confer a right to acquire a freehold estate or a leasehold estate of more than 15 years, as well as having a total control period of at least 18 months.

New deadlines

From April 2027, a digital service will launch for submitting relevant information relating to contractual control agreements. Information must be provided to HM Land Registry within 60 days of the following triggering:

  • The grant of a new contractual control right;
  • The assignment of a contractual control agreement;
  • The variation of a contractual control agreement;
  • The exercise of a contractual control agreement;
  • The termination of a contractual control agreement; and
  • The expiry of a contractual control agreement.

All registrations must be made by a regulated conveyancer, and the responsibility will sit with the grantee.

What to include when registering

The information required to be submitted by a regulated conveyancer to HM Land Registry includes:

  • The identity and contact details of the parties to the agreement;
  • The details of the land affected (including title numbers, plans and local planning authority);
  • The nature of the arrangement and the date in which it was entered into; and
  • The key dates in relation to the contractual control agreement (including any long-stop date and the initial period of control).
Impact on developers and landowners

Information relating to contractual control agreements affecting registered property will now be recorded on a public register, the result of this being that third parties will be able to see that their land is subject to such agreements. The information held on the register will also reveal the identity of the developer or promoter as well as the duration of the arrangement. A consequence of this is that the parties will find it more difficult to keep early-stage development intentions confidential. Competitors, neighbours, community groups and local authorities will know the land is subject to prospective development. This may complicate the planning process depending on local sentiment.

Steps to take to prepare for the new rules

In order to avoid non-compliance, it would be prudent for developers to do the following:

  • Audit all existing land agreements;
  • Update templates and transaction processes;
  • Adjust strategy to accept greater transparency around development control arrangements; and
  • Monitor agreements throughout their lifecycle for further reporting triggers.
How we can help

Our experienced team of property and residential development solicitors can assist with questions in relation to the above and can provide further detail in relation to the impacts. Please get in touch here.

Claire McSorley
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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