Key takeaways
Mandatory disclosure of control rights
Grantees must report qualifying land control arrangements to HM Land Registry.
Strict triggers and reporting deadlines
Events trigger reporting within 60 days, with transitional backstop deadline.
Significant impact on transactions and compliance
Requires audits, tracking systems, and workflow changes to avoid risk.
The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 introduce a significant new reporting regime affecting strategic land arrangements in England and Wales. The Regulations will come into force on 6 April 2027, but affect agreements entered into from 8 June 2026. The Regulations are designed to improve transparency around agreements that effectively control the future use or disposal of land.
For many years, agreements such as options, conditional contracts and promotion agreements have allowed developers and promoters to have rights over land without those arrangements being fully visible on the title register. The 2026 Regulations aim to address this by requiring mandatory disclosure of “contractual control” arrangements to HM Land Registry.
In doing so, they support broader policy goals under the Levelling up and Regeneration Act 2023, including:
improving transparency in the land market,
supporting housing delivery, and
giving greater visibility of who controls development land.
What is a “contractual control right”?
Central to the regime is the concept of a “contractual control right”, defined broadly to capture arrangements that give an undertaking influence over whether, when, or how land is disposed of. An undertaking for this purpose includes a business, charity or the exercise of public functions.
The Regulations identify four main categories:
options to acquire land
conditional obligations to dispose of land
rights of pre-emption
rights to direct or require a sale to a third party (such as promotion agreements)
Importantly, the definition applies only to written agreements and excludes certain arrangements including:
security and financing arrangements
rights with a total period of control of less than 18 months
rights held exclusively for purposes other than development
leasehold estates with less than 15 years remaining at the date the right is granted
Section 106 agreements relating to the provision of infrastructure, amenities or services
Who has to report?
The reporting obligation falls on the grantee – that is, the party benefiting from the contractual control right.
What must be reported?
The grantee must provide “contractual control information” to HM Land Registry digitally. Further guidance on the reporting process is expected in due course.
Although the detailed list is set out in Regulation 8, the key data points are likely to include:
the identity of the parties,
the nature of the control right,
the land affected, and
the duration of the arrangement
When does the duty arise?
The obligation to report arises on specified trigger events, namely:
the grant of a contractual control right
its assignment
any variation affecting relevant information, and
its expiry, termination or exercise
Timing
The grantee must provide the required information within 60 days of the relevant event.
Transitional arrangements
For agreements entered into shortly before the Regulations come into force, transitional provisions apply.
Where a contractual control right is granted between 8 June 2026 and 6 April 2027, the information must be submitted by 6 October 2027.
Practical implications
1. Increased transparency
The Regulations will make it significantly easier to identify who has development rights over land, even where those arrangements are not fully reflected on the title register.
2. New compliance burden
Developers, promoters and investors must now:
identify whether agreements fall within the definition
track trigger events, and
ensure timely reporting within the 60-day deadline
Failure to comply is likely to create legal and transactional risk. The precise enforcement consequences will depend on the wider regime under the 2023 Act, including potential criminal liability. HM Land Registry may also refuse to register a notice or restriction on affected titles in respect of the agreement.
3. Impact on transactions
Conveyancers will need to incorporate the regime into their workflows, including:
due diligence: checking the register for existing rights
completion processes: diarising reporting obligations, and
post-completion monitoring: capturing variations, assignments and exercise/termination
What should you do now?
Although the Regulations do not come into force until April 2027, preparation should begin now. Key steps include:
audit existing agreements: identify arrangements that may fall within scope
update precedent documents to include provisions addressing reporting responsibility and cooperation
implement tracking systems: ensure trigger events and deadlines are not missed
Conclusion
The 2026 Regulations represent a significant shift towards transparency in the strategic land market. By imposing a mandatory reporting obligation on beneficiaries of land control arrangements, they close a long recognised gap in the visibility of development land pipelines. But this additional transparency inevitably comes at a cost to those involved in such transactions.
If you need advice on how the 2026 Regulations could affect your land arrangements or transactions, get in touch with our team to review your agreements and ensure you’re ready to comply.
