Contractual controls on land – Government issues new guidance and regulations

The regulations were laid before Parliament on 9 March 2026 and will be made once signed by the Minister of State for Housing and Planning. It is expected this will happen in the first half of 2026.

The regime is designed to increase transparency over who controls land and includes obligations on those benefitting from certain rights over land to register specific information relating to them at HM Land Registry. The timings for the provision of such information are linked to when the regulations are made so it will be important to keep up to date with developments in this regard and to think about how this process will be managed now. 

Agreements that will require registration

Registration is required when a party to a written agreement is granted a right relating to registered land that gives it the ability to control or influence how the land is used or developed. This includes (but is not limited to) the following types of agreement:

• Option agreements
• Conditional contracts
• Pre‑emption rights
• Promotion agreements

The registration requirements also apply where a pre-existing agreement that is in scope is varied or assigned.

Agreements that will not require registration

The regulations apply only where the contractual control right is held for the purposes of an undertaking, such as a business or charity. 

Certain types of agreement are excluded, including (but not limited to):

Security arrangements: Rights granted purely to secure repayment of a loan or mortgage or as security for an obligation to pay overage.

Rights affecting short leases: Rights affecting leases where the lease has less than 15 years remaining at the time the right is granted.

Non-development rights: Rights that are held exclusively for purposes other than future development (as defined in the regulations) such as those for granted for maintenance, utilities or farming.

Short term rights: A right with a total period of control of less than 18 months.

More detail on which rights are exempt is set out in the guidance and regulations.

Timeline for implementation and registration deadlines

• By June 2026 - Regulations are expected to be made.

• 6 April 2027 – Regulations expected to come into force. New agreements entered into, varied or assigned on or after 6 April 2027 must be registered within 60 days.

• 6 October 2027 – Existing agreements entered into after the regulations are made but before they come into force must be registered by 6 October 2027.

• Termination or expiry of a contractual control right must also be notified within 60 days.

Information required for registration

The following core data must be submitted:

• The names of the parties to the agreement

• If either party is a company or other organisation, the public registration number (e.g. Companies House or Charity Commission), or other details that uniquely identify them

• Date and place of birth of the grantor (if an individual)

• Type of contractual control right

• Date, parties, and title or description of the underlying agreement

• Date from which the right can be exercised or, if that depends on specific conditions being met, a brief description of those conditions

• Initial period of control, including any provisions to extend, terminate or renew the agreement

• Title number(s) of the affected registered estate(s) and, where the right affects only part of a title, sufficient details to identify the area concerned (e.g. a plan or description)

• Address and postcode of the land

From April 2028, HM Land Registry will begin publishing contractual control information submitted under the regulations. HM Land Registry is still assessing how best to record this information so we do not have guidance on the process for registration.

Enforcement and offences

At present, most contractual control rights will be protected on the title register by entry of a notice or restriction and the government guidance states that HM Land Registry may decline to enter a notice or restriction in respect of an agreement where the contractual control rights have not been properly registered in accordance with the regulations.

A failure to comply with the regulations will constitute an offence.

What this means

It will be important to monitor when the regulations are formally made and when the HM Land Registry system goes live as this will trigger the registration requirements.

It will be imperative to start gathering information about any affected agreements now to ensure compliance with the deadlines. Developers, promoters or other parties entering into agreements which may fall within the scope of the regulations should seek advice from their legal advisers, discuss who will be responsible for submitting any required information to HM Land Registry and confirm the registration deadlines to avoid falling foul of the regulations. Going forward, this additional administrative task and the associated cost will need to be factored into all transactions which fall within scope as it seems clear from the guidance that the new registration regime will not obviate the need to continue to protect this type of agreement on the title register to the property.