New contractual controls regime in England and Wales: latest update

What is happening?

The government has passed the regulations for this statutory duty and confirmed it will come into force on 6 April 2027. Transitional provisions affect agreements made between 8 June 2026 and 6 April 2027- so for rights granted on or after 8 June 2026 but before 6 April 2027, the information must be provided by 6 October 2027. As the digital platform is not yet ready, we need to keep track of any agreements entered into now. If a contractual control right is granted, varied or assigned on or after 6 April 2027, the information must be provided within 60 calendar days of the trigger event.

Why is this being introduced? 

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 will then be published at least once per month so that the dataset is robust and reliable. 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 available. Note that the registrar will be able to impose conditions on any person requesting access to the published information.  

What rights are impacted?

The regulations require the grantee of a contractual control right over registered land to submit certain 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 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.

What are the exclusions? 

There are exclusions to the regime, including:

• 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
• Security arrangements, purely to secure repayment of a loan or security for an overage obligation
• Rights over unregistered land

When must the information be submitted?

If a relevant right is granted in the transitional period from 8 June 2026 to 6 April 2027, the required information must be submitted by 6 October 2027. If a contractual control right is granted, varied or assigned on or after 6 April 2027, the information must be provided within 60 calendar days of the trigger event. Also note that if the right expires, is exercised, or comes to an end early, the grantee has a duty to notify the Land Registry within 60 calendar days. 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?

• 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 a notice or restriction in any event, and the Land Registry may refuse such an application unless the contractual control information has additionally been registered. Note that there is no requirement to provide the price paid or payable. 

How will the information be published?

The Land Registry will hold the data but it won't be available until 2028. The government states it will be published as soon as possible after 6 April 2028.

Updating the register

If a contractual control right is varied or assigned, or if it expires, is terminated, or is exercised, that must be registered 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.

How we can help

We will be very happy to advise and assist on any aspect of this new regime including identifying the relevant provisions and making the Land Registry submissions. Please reach out to any of the contacts listed here or your usual contact.

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