Contractual control database – the transitional provisions are here

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the Regulations) were made on 8 June 2026 and published on 12 June 2026, in the same form as the draft regulations.  In our previous article, we reported on those draft regulations.

The Regulations apply to contractual control agreements giving the power to control how registered land is developed or disposed of.  Broadly, this covers options, conditional contracts, promotion agreements and pre-emption rights which satisfy the definitions in the Regulations. The transitional provisions mean that any contractual control right entered into between 8 June and 5 April 2027 must be registered between 6 April 2027 and 6 October 2027.

Go live date

The new regime will come into force on 6 April 2027. 

What is a contractual control right?

It is:

1. a right arising under a contract, relating to development, use or disposal of land in England or Wales and held for the purposes of an undertaking (this includes a business, charity and the exercise of functions of a public nature);
2. set out in writing;
3. not exempt;
4. of one of these types, binding the proprietor of a freehold or leasehold (other than one which has less than 15 years remaining) registered title:
   • an option;
   • a conditional contract;
   • a pre-emption right;
   • a right to request the proprietor enter into a relevant disposition (a promotion agreement),
     in each case, to transfer the title or grant a lease of more than 15 years.

Exemptions

The following rights are exempt from contractual control rights:

1. a right in a contract made for the purpose of national security or defence;
2. a right necessary or incidental to security for a loan or overage;
3. a right to require a proprietor to enter into a relevant disposition which is incidental or necessary to the provision of a loan or financial instrument;
4. a right held exclusively for purposes that do not relate to a future development resulting in:
   • one or more dwellings; or
   • a building where floorspace created is 100sqm or more;
5. a right with a total period of control of less than 18 months;
6. a right in a section 106 Agreement with a local planning authority relating exclusively to the provision of infrastructure, amenities, or services in connection with the grant of planning permission.

Registration

The grantee, who benefits from the contractual control right (typically the developer or promoter), will need to file the relevant information with the Land Registry, only via a regulated conveyancer, using the Land Registry's digital service. 

Transitional provisions require the grantees of contractual control agreements entered into after 8 June 2025 but before 6 April 2027 to file the contractual control information by 6 October 2027. 

Once the Regulations are in force (6 April 2027), the information must be filed within 60 days of the grant, variation, assignment, or termination of a contractual control agreement. 

The grantee must update the register within 60 days of complete or partial determination, expiry or exercise of the contractual control right.

Contractual control information

The following information must be registered:

• Full names of grantor and grantee;
• Registration number if the grantor or grantee is a body corporate;
• Date and place of birth if the grantor or grantee is an individual;
• Type of contractual control right;
• Date, parties and title or description of the contract;
• In the case of an option, conditional agreement, or promotion agreement, the date from which it can be exercised or, if contingent on satisfaction of conditions, details of the conditions;
• The initial period of control and any right to extend or terminate it;
• The registered title number and, if only part is affected, details to identify that part;
• The address and postcode of the land subject to the right;
• Whether the land subject to the right includes land (including airspace) held apart from the surface.

Dataset

The Land Registry must publish a dataset of the contractual control information (other than the date and place of birth) as soon as possible after 6 April 2028 and then monthly.  The Land Registry may impose conditions on access to the dataset.

Enforcement

The Land Registry can refuse to register a notice or restriction relating to a contractual control right if the contractual control information has not been registered.

Section 225 of the Levelling-up and Regeneration Act 2023 lists criminal offences for providing false or misleading information, including fines and custodial sentences.

Sign up for our next developer breakfast seminar for further information, including:

1. How the Regulations apply to sub-sales, buyback agreements and agreements for lease.
2. How Foot Anstey will be addressing these Regulations within our contract drafting and reporting to our clients.