New Transparency Requirements for Contractual Control Arrangements Over Land

The Government has recently published regulations and guidance for a new transparency regime requiring details of certain contractual control arrangements affecting registered land in England and Wales to be disclosed to HM Land Registry. The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 were laid before Parliament on 9 March 2026 and are expected to be made in the first half of 2026, and they will come into force on 6 April 2027. The changes will be of particular interest to developers, promoters, strategic land investors and landowners who routinely use options, promotion agreements and conditional contracts. 

Background

For many years, contractual arrangements giving a party future rights over land have largely remained outside the public domain. Whilst notices or restrictions may appear on the register, the nature and extent of the underlying arrangements have often been difficult to ascertain.

The Government considers that this lack of transparency can make it more difficult for local authorities, communities and market participants to understand who controls land that may be available for future development.

The new regime seeks to address this by requiring prescribed information relating to certain contractual control arrangements to be supplied to HM Land Registry.

What Is a Contractual Control Arrangement?

The regulations apply to a broad range of arrangements that confer rights over future dealings with land, including the following:

• Option agreements.
• Pre-emption rights and rights of first refusal.
• Conditional contracts.
• Promotion agreements.
• Contracts contingent on planning or other future events.
• Other arrangements that give a party a significant degree of control over the future disposal or development of land.

The scope is intentionally broad and parties should review arrangements carefully rather than assuming that only traditional options are affected. The regime generally applies where the owner holds a qualifying estate, namely the following:

• A registered freehold title.
• A leasehold title with at least 15 years remaining.

What Information Must Be Provided?

Although the exact requirements depend on the nature of the arrangement, parties will be required to provide information, including the following:

• Details of the affected land.
• The identity of the beneficiary of the arrangement.
• The nature of the rights granted.
• Relevant dates and duration.
• Prescribed information relating to the contractual control itself.

Some of this information will become publicly available through HM Land Registry records and will be protected on the register by the entry of a notice or a restriction. The information does not include financial/price information, and information is not required for overage or restrictive covenants. Also, if a contractual control right is varied in writing after information has been provided, the grantee must provide information about the variation to HM Land Registry within 60 days of the variation being made. This also includes any assignments of control, which any new grantee must update within 60 days of the assignment period.

When Do the Changes Take Effect?

The regulations will come into force on 6 April 2027. A transitional period applies to existing arrangements entered into after the regulations are made but before 6 April 2027, when the regime becomes fully operational.

Parties should be aware that notification obligations can arise before that date and may be triggered by specified events during the transitional period. Current guidance indicates that transitional information must be submitted by 6 October 2027.

Practical Implications for the Market

The regulations are likely to have several practical consequences.

Increased Visibility of Strategic Land Positions

Developers, promoters and investors may find that competitors, local authorities and other stakeholders have greater visibility of their land interests and strategic positions.

Due Diligence Considerations

Buyers, funders and joint venture partners will have access to additional information regarding land control arrangements, which may assist with transaction due diligence and risk assessment.

Confidentiality Concerns

Many option and promotion agreements contain commercially sensitive provisions. Whilst the regulations do not require full disclosure of every contractual term, parties should review existing confidentiality provisions and consider whether amendments are appropriate.

Portfolio Reviews

Businesses with significant strategic land holdings may decide to undertake an audit of existing arrangements to identify the following:

• Agreements that fall within the regime.
• Upcoming trigger events.
• Reporting responsibilities.
• Internal compliance processes.

What Should Landowners and Developers Do Now?

Parties involved in strategic land transactions should do the following:

1. Review existing option, promotion and conditional agreements.
2. Identify arrangements likely to fall within the new regime.
3. Consider responsibility for compliance and reporting.
4. Review confidentiality provisions and data-sharing implications.
5. Ensure future transaction documents address the new requirements appropriately. 

Commentary

The new regime represents one of the most significant changes to the transparency of strategic land arrangements in recent years. While the stated objective is to improve understanding of land availability and support housing delivery, the practical effect will be to bring a level of public visibility to arrangements that have traditionally remained largely private. The obligation to register falls on the grantee/beneficiary of the contractual right, and whilst certain agreements are excluded (such as restrictive covenants, security arrangements for loans or overage security, certain section 106 rights, and matters related to national security and defence), a failure to register can have both criminal and practical consequences.

For landowners, developers and promoters, early preparation will be important. Although the full implementation date is some way off, businesses should use the transitional period to understand the impact on existing portfolios and establish procedures for future compliance.