The Contractual Controls Register – greater transparency for land control rights

Greater transparency is coming to the world of strategic land assembly – and it will affect the way you do deals.

Regulations made in June 2026 under the Levelling-up and Regeneration Act 2023 require certain agreements relating to registered land in England and Wales to be reported to HM Land Registry. The agreements caught include options, conditional contracts, pre-emption rights and certain rights associated with promotion agreements. Key details of the registered agreements will be published on a searchable public database, updated at least monthly, from April 2028.

The changes will be of most immediate interest to developers, land promoters, strategic land investors, landowners and funders – in short, anyone who uses contractual arrangements to secure control of land without buying it outright.

The new administrative processes must be followed correctly to avoid potentially serious sanctions – so what do you need to know?
 

What’s caught?

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the “Regulations”) apply to agreements which grant a right to require, prevent or regulate a future transfer of land or grant of a lease (of 15 years or more), or which allow a person to direct such a disposition. They apply where:

• the affected estate is a registered freehold, or a registered leasehold with at least 15 years unexpired;

• the right is capable of lasting 18 months or more, taking any extension mechanics into account; and

• the right is held for the purposes of an “undertaking” (broadly, a business or commercial activity including those undertaken by charities).

Certain agreements are excluded, including rights granted exclusively for non-development purposes, certain security arrangements, section 106 planning obligations facilitating new infrastructure, amenities or services and national security or defence contracts.
 

Key dates for the diary

• Rights granted before 8 June 2026 are outside the reporting requirements unless assigned or varied on or after 6 April 2027.

• Rights granted between 8 June 2026 and 5 April 2027 must be reported by 6 October 2027.

• From 6 April 2027, every trigger event (including grant, assignment or variation of any control rights) must be reported within 60 calendar days.

There is also a duty to report when a registered contractual control right has expired, been determined or has been exercised.
 

Who reports – and what do they have to say?

The reporting duty rests with the grantee of the right (typically the developer or promoter). Every submission must be filed electronically by a regulated conveyancer through HM Land Registry's new digital service (currently being built).

The core information required to be disclosed includes the type of right, any conditions, details of the parties, the extent and address of the land, the initial and total periods of control, and any termination rights. The underlying agreement itself is not filed.
 

What happens if you don’t comply?

HM Land Registry can refuse to register or update notices or restrictions protecting an unreported right, removing the usual protection this affords the grantee. Non-compliance – or knowingly or recklessly providing false or misleading information – is a criminal offence.
 

What should you be doing now?

• Start identifying relevant agreements entered into from 8 June 2026 and check reporting obligations with your conveyancer;

• Review procedures for future transactions and allocate filing obligations, information reporting and conveyancer costs;

• Monitor relevant trigger events (for example, exercise or expiry of a contractual right) so you can meet the 60 day filing deadline;

• Consider confidentiality and commercial implications – parties, land, duration, extension terms, conditions and termination rights will all become public.

As always, a lot will depend on the detail. Our expert team deals with a wide range of development deals on a daily basis and would be delighted to help you understand and perform your new obligations.

For further information please contact David Dwyer, Kuljeet Bahia, James Styles or your usual real estate contact at Stephenson Harwood.

Information contained in this insight is current as at the date of first publication and is for general information only. It is not intended to provide legal advice.