Preparing for contractual control agreements registration

Developers, landowners and promoters should start preparing now as the new contractual control agreements regime moves a step closer.

The contractual control agreements regime has reached an important milestone following a consultation period and the subsequent making of the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the Regulations) on 8 June 2026. While the requirement to register qualifying agreements with HM Land Registry will not come into force until 6 April 2027, the framework is now firmly established.

Importantly, the Regulations apply to relevant agreements entered into from 8 June 2026. This means developers, landowners, promoters and their advisers should already be considering how the new requirements will affect transactions being negotiated today.

Lauren Pearson, senior associate in Lodders’ Real Estate group, explains what the Regulations mean in practice and how businesses can prepare ahead of the registration deadline.

What are the Regulations?

The Regulations are designed to improve transparency around who controls land that may be developed in the future. They introduce a requirement for information relating to certain contractual control agreements to be registered with HM Land Registry and published on a publicly available register.

Contractual control agreements allow a party to secure rights over land without taking ownership immediately. They play an important role in the development process by enabling developers and promoters to bring forward land when the necessary conditions have been met.

By collecting information about these agreements in a central register, the Government aims to provide a clearer picture of land under contractual control and support a better understanding of land available for future development.

Which agreements are affected?

The Regulations apply to agreements that facilitate the future development of land. This includes, but is not limited to:

• Conditional contracts
• Option agreements
• Promotion agreements
• Pre-emption agreements

The Regulations apply to qualifying agreements entered into on or after 8 June 2026. Although the obligation to register begins in April 2027, parties entering into these agreements now should ensure they retain the information that will be required for registration. For further advice on this, please speak to a member of our Real Estate group.

It’s worth noting that certain arrangements are excluded from the Regulations. These include overage deeds, restrictive covenants, agreements relating to facilitating and financing development, and short-term agreements lasting 12 months or less, unless they include a contractual right to extend beyond that period.

Who will be affected?

The Regulations will have an impact across the residential, commercial and mixed-use development sectors. Landowners, developers, land promoters and local authorities will all need to understand when the registration requirements apply. Responsibility for providing the required information will rest with the beneficiary of the agreement, who shall be responsible for ensuring their legal advisers submit the necessary information.

As a result, businesses entering into qualifying agreements from 8 June 2026 should consider the new requirements as part of their transaction process, even though registrations will not begin until next year.

What information will need to be registered?

Where an agreement falls within the scope of the Regulations, prescribed information will need to be submitted to HM Land Registry, including:

1. The type of agreement
2. The identities of the parties
3. Key dates, including the duration of the agreement and any rights to extend
4. The extent of the land affected, including title numbers
5. Details of the registering conveyancer
6. Information relating to any subsequent assignment or variation of the agreement

The register is intended to provide transparency while allowing commercially sensitive terms, including financial arrangements, to remain private between parties.

Once the registration regime comes into force in April 2027, qualifying agreements will need to be registered within the required timescale, which shall be by 6 October 2027 for any relevant agreements entered into since 8 June 2026, or 60 calendar days for any relevant agreements entered into from 6 April 2027. Failure to comply may result in financial penalties and criminal sanctions. If the registration of the contract details is not properly dealt with, the Land Registry shall be entitled to refuse to register anything else in relation to the agreement, such as a title restriction or unilateral notice, and so it is key to ensure the timescales and registration requirements are strictly adhered to.

Preparing for April 2027

Although the registration obligation does not begin until April 2027, developers, landowners and promoters entering into qualifying agreements should begin preparing now by reviewing their processes.

Businesses should consider how relevant information is captured during transactions, whether precedent documents need updating and how future registration requirements will be managed efficiently. Taking these steps now will help ensure a smoother transition once the registration regime becomes operational.

What does this mean for the development sector?

Many contractual control agreements are already protected by notices or restrictions entered against registered titles. The new register brings this information together in a consistent and accessible format, making it easier to identify who holds contractual rights over land. Developers and promoters should therefore be prepared for greater transparency in the market on their development pipelines, but also greater transparency on landholdings already subject to development agreements. But whether the benefits of this outweigh the increased administrative burdens and costs will remain to be seen.

For developers, promoters, landowners and advisers, early preparation will help ensure businesses are ready for the new regime and able to manage future transactions efficiently.

Get in touch

Lodders’ award-winning Real Estate group advises developers, landowners, promoters and investors on a wide range of property transactions. If you would like advice on how the new contractual control agreements regime may affect your business or your existing agreements, please get in touch with our team.