The Government has now published the Provision of Information (Contractual Control) (Registered Land) Regulations 2026, introducing a new transparency regime for certain land agreements.
These changes will have a significant impact on developers, promoters and landowners, particularly in the housebuilding and development sectors.
What’s changing?
A new public register of contractual control agreements will be maintained by the Land Registry. Key details of relevant agreements will be made publicly available, although the agreements themselves will not be published.
The regime applies to agreements relating to registered land in England and Wales, however, for leasehold land there must be at least 15 years remaining at the time of the grant. The regime does not apply where the right lasts less than 18 months. The agreements include options, pre-emption rights, conditional contracts and certain promotion agreements.
Certain agreements are excluded, including section 106 agreements relating only to infrastructure, amenities or services, loan security arrangements and rights unrelated to development, such as utilities or maintenance rights.
What will be made public?
The register will include core data, such as the type of contractual control right, the parties, the land affected and key dates, including the duration of the arrangement. While commercially sensitive detail will not be disclosed, the regime will increase overall visibility of land control agreements.
When does it apply?
The Regulations come into force on 6 April 2027. However, there is a retrospective element in that they apply to agreements granted on or after 8 June 2026. Existing agreements which are assigned or varied (where the variation affects any of the required information) on or after 6 April 2027 are also caught. The Regulations only apply where the right is held by a business, charity or other organised activity or where a public function is being exercised.
What are the obligations and risks?
The obligation to register at the Land Registry (details of how this is to operate are awaited) sits with the recipient of the right, typically the developer or promoter, and this will need to be done digitally by a conveyancer. Registration must be done within 60 days where the grant takes place on or after 6 April 2027. There is also an ongoing requirement to update the register within 60 days where an agreement is assigned, varied (as described above), exercised or comes to an end.
For any agreement made on or after 8 June 2026, registration must be done by 6 October 2027.
Failure to comply without reasonable excuse could result in criminal liability, as well as practical issues such as the Land Registry refusing to register notices or restrictions on affected titles.
What should you do now?
Preparation is important. Developers and landowners should begin tracking relevant agreements, ensure future transactions take account of the disclosure requirements, and review internal processes to capture the necessary information and deadlines.
How we can help
If you would like to discuss how the new regime may affect your projects or agreements, we would be happy to help.
Please contact a member of our commercial property team to learn more about our expertise and how we support clients across the property sector.
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