UK Contractual controls register: what you need to know

What are the timings?

The regulations are expected to be made in the first half of 2026, and they will come into force on 6 April 2027.

There will be transitional provisions that affect agreements made between the date the regulations are made, and 6 April 2027.

What rights are impacted?

Once in force, the regulations will require the grantee of a contractual control right over registered land to submit prescribed information to the Land Registry.

A contractual control right may be included in:

• option agreements
• pre-emption agreements
• conditional contracts for sale; or
• promotion agreements.

The regime extends to both absolute and conditional rights (for example, if planning permission is a condition precedent), as well as contractual controls affecting only part of a registered title.

The regulations will apply where the right is granted in relation to a registered freehold estate, or a registered leasehold estate with more than 15 years remaining at the date of grant of the right.

There are exclusions to the regime, including:

• Security arrangements, purely to secure repayment of a loan or security for an overage obligation
• Rights affecting leases with less than 15 years remaining at the date of grant
• Rights exclusively for non-development purposes
• Short term rights with a total period of control of less than 18 months

When and how must the information be registered?

If a relevant right is granted in the transitional period of the regulations being made, and 6 April 2027, the required information must be submitted by 6 October 2027.

There is a duty to provide to the Land Registry the relevant information each time a contractual control right is granted, assigned or varied so as to alter the contractual control information. The information must be provided within 60 calendar days.

Additionally, if the right expires, is exercised, or comes to an end early the grantee has a duty to notify the Land Registry, within a 60 calendar day period.

The obligation to deliver the required information lies with the grantee, and submission must be made digitally through a regulated conveyancer.

What information must be provided?

The purpose of the new regime is to allow key information about the type of right granted; to whom it has been granted; the land affected; and the duration of the right to be made available. Therefore, the following information will be needed:

• Name of grantor and grantee, including company registration details
• Type of contractual control right
• Date, parties and description of the document creating the right
• Date from which the right can be exercised
• Period of control
• Title and address of the land

Often contractual control agreements will be registrable at the Land Registry by way of notice or restriction in any event, and the Land Registry may refuse such an application unless the contractual control information has additionally been registered.

How will the information be published?

The government’s aim is to improve transparency over land that is controlled through private agreements.  The Land Registry will hold the data and publish it as soon as possible after 6 April 2028.  Updated data must then be published at least once per month.  The registrar will be able to impose conditions on any person requesting access to the published information.  

Updating the register

If a contractual control right is varied or assigned, that must be registered within 60 calendar days.

If a contractual control right expires, is terminated, or exercised, there is a similar requirement for registration within 60 calendar days.

It will be important for businesses to set up processes to ensure these updates are delivered on time, particularly in respect of expiry of contractual control rights by effluxion of time, which may involve a less obvious trigger for an update.

Failure to comply

Non-compliance with the regulations, or knowingly or recklessly providing false or misleading information, will be a criminal offence under the Levelling-up and Regeneration Act 2023.

Look out for further updates from us when the regulations in their final form are made.

Authored by Stella Bliss, Ingrid Stables, and Lucy Redman.