A new register: the contractual control database

In 2024 the government consulted on proposals to introduce a statutory requirement to increase transparency by disclosure of certain information contained in land agreements. Government consults on more transparent picture of controls on land

The government has responded to the consultation Contractual controls on land consultation: government response - GOV.UK and published draft regulations and guidance. There have been some changes to the initial proposals.

The new obligations to register information about contractual controls will be implemented through The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the "Regulations"), supported by non‑statutory guidance published on 9 March 2026. Contractual control agreements - GOV.UK

Go live date

The regime will come into force on 6 April 2027. The Regulations apply to contractual control agreements giving the power to control how registered land is developed or disposed of. The right must be held for the purpose of an undertaking (this includes a business, a charity or similar and exercise of public functions). The contractual control rights described are options, conditional contracts, pre‑emption rights and promotion agreements to enter into certain dispositions of registered freehold land or leasehold land with 15 years or more remaining.

The regime applies only to registered land. Certain transactions are exempt:

1. Financial security arrangements and security for overage.
2. Rights granted for non‑development purposes (that is, not relating to provision of one or more dwelling houses or development of a building with floorspace of 100 square metres or more).
3. Rights where the total control period (taking into account any provision or entitlement to extend the initial control period) is under 18 months
4. Rights relating solely to section 106 infrastructure, amenity or service obligations.
5. Contracts for the purpose of national security or defence.

Duty to report

The grantee of the contractual control agreement (typically the developer or promoter) must file the relevant information with the Land Registry, only via a regulated conveyancer, using the Land Registry's digital service. Once the Regulations are in force, the information must be filed within 60 days of the grant, variation or assignment or termination of a contractual control agreement. 

If a right expires, is exercised or ends prematurely the grantee (via a conveyancer) must notify the Land Registry.

Transitional provisions will mean that grantees of contractual control agreements entered into after the Regulations are made (the date for this is not yet fixed but is expected in the first half of 2026) but before 6 April 2027 must file the contractual control information by 6 October 2027. This means agreements entered into even before 6 April 2027 may still be caught by the Regulations.

Information required

The information which must be notified includes the parties (including date of birth for individuals and registration number for corporate entities), type of agreement (that is, option, conditional contract, pre-emption right or promotion agreement), date and description, Land Registry title numbers affected (identifying which part if not the whole), start date, initial control period and whether the right can be extended and any status changes. In the case of an option, conditional contract or promotion agreement, the grantee will also need to notify the date from which the contractual control right can be exercised and, if its exercise is contingent on satisfaction of conditions, details of any conditions.

The Land Registry may refuse to enter a notice or restriction protecting the contractual control agreement unless the statutory information has been submitted.

The guidance will be updated when the practical requirements of registration at the Land Registry are available.

Publication of data set

From April 2028, the Land Registry will publish contractual control data (excluding sensitive fields such as date and place of birth of individuals) in a monthly dataset showing the grantee, extent of controlled land and type and duration of the agreement. The Land Registry is entitled to impose conditions to access this information.

Enforcement

Contractual control information will need to be registered before a grantee can protect their interest at the Land Registry and this will likely be sufficient to ensure compliance. However, to knowingly or recklessly provide false or misleading information or to fail to comply with the Regulations is a criminal offence liable to a fine or prison sentence under section 225 of the Levelling Up and Regeneration Act 2023.    

Developer concerns

Developers will be concerned about the new requirements coming into force. They will incur costs complying with the reporting duties with strict deadlines and mandatory digital submission by a conveyancer. Transactions which were previously confidential will be at risk of inclusion on the database. Strategic details of future development plans will be available to view.

For further information and assistance with the registration requirements, please contact Joanna Upton at Foot Anstey LLP. This topic will be covered at the next Foot Anstey LLP Southampton Developer Breakfast Seminar in July – please keep an eye out for invite.