Article:
Greater transparency over who really controls development land has been on the political agenda since Boris Johnson’s government first proposed it in 2020. Four prime ministers and a change of government later, it is about to become a practical reality for developers, with new reporting requirements coming into force on 6 April 2027.
What is changing?
From 6 April 2027, developers, promoters and others holding certain rights over development land will have to provide prescribed information about those rights to HM Land Registry. These are known as “contractual control rights” (CCRs).
The information must be submitted by a regulated conveyancer via a new digital platform and will ultimately form part of a new publicly available contractual control database, due to be launched in April 2028. Importantly, this new register will reveal information about rights which have traditionally remained private and may be commercially significant.
When does this start?
Although the regime starts on 6 April 2027, when the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the “Regulations”) come into force, developers need to prepare now. Some CCRs granted on or after 8 June 2026 are already caught and will need to be reported once the regime goes live.
Once the Regulations are in force, new CCRs and certain subsequent events affecting existing CCRs, including assignment, variation, exercise or termination, will generally need to be reported within 60 days.
What agreements are caught?
The regime is likely to be most relevant to options, conditional contracts, promotion agreements and rights of pre-emption affecting registered freehold or qualifying leasehold land (with at least 15 years of the term remaining) in England and Wales.
However, it is the substance of the right rather than the name of the agreement that matters, so other arrangements may also fall within the regime.
Not every agreement will be caught. Broadly, the right must enable the holder to either acquire the freehold or take a lease of at least 15 years of registered land (or to direct that the transfer or lease is granted to someone else as in a promotion agreement) and:
- be held for business, charitable or public purposes;
- relate to the future development of one or more dwellings or a building with a floorspace of at least 100 sq m; and
- give control for at least 18 months.
There are also specific exemptions, including certain rights relating to section 106 agreements or contained in agreements for defence or national security.
What will developers need to do?
Responsibility sits with the person holding the CCR (the “grantee”), but the information must be submitted by a regulated conveyancer.
The information required includes not only the basic details of the parties and agreement but also details of the contractual conditions and, where only part of a registered title is affected, geospatial data showing the extent of the land affected.
Failure to comply with the Regulations, or knowingly or recklessly providing false or misleading information, can amount to a criminal offence punishable by up to two years imprisonment and an unlimited fine.
There is another important consequence. Unless the required contractual control information has been provided, HM Land Registry will not register a notice or restriction to protect the agreement on the title. For developers, losing that protection could have significant practical and commercial consequences, giving the new regime real teeth.
How we can help
Developers should start preparing now by considering potentially caught agreements entered into since 8 June 2026. We can help identify agreements which are caught, ensure the required information is collected and, as regulated conveyancers, submit them to HM Land Registry when the new digital service opens
