Land Control Agreements: New Transparency Rules Explained

Developers and promoters have long used private land control agreements to secure strategic sites without buying them outright. Options, conditional contracts and pre-emption rights are all familiar tools in site assembly and planning strategy.

However, this process is set to become more transparent.

New regulations are expected to require certain land control arrangements to be disclosed to HM Land Registry, with key details becoming publicly searchable from 2028. For developers, promoters, investors and landowners, this marks a significant shift in how land control arrangements are recorded and scrutinised.

If you are involved in strategic land, development or promotion agreements, now is the time to review your existing arrangements and prepare for the new reporting requirements.

What is changing?

The legal basis for the new regime sits within the Levelling-up and Regeneration Act 2023.

On 9 March 2026, the government published the draft Provision of Information (Contractual Control) (Registered Land) Regulations 2026, alongside guidance explaining how the system is expected to operate.

The aim is to improve transparency in the land market by making it easier to identify who controls land, even where they do not yet own it.

In practice, certain agreements affecting registered land will need to be reported to HM Land Registry, with information later published through a public database.

Which land control agreements are likely to be affected?

The proposed regulations apply to certain written agreements that give a person or business an absolute or conditional right to control how registered land is disposed of, including transfers or leases granted for 15 years or more.

The arrangements most likely to fall within scope include:

• options
• conditional contracts
• pre-emption rights
• some promotion agreements

Restrictive covenants, overage and clawback arrangements will generally fall outside the regime unless they form part of a wider disposal-control arrangement.

Which rights are excluded?

The regulations are not expected to apply to every land arrangement.

Exclusions are likely to include:

• rights affecting unregistered land
• rights over leasehold estates with 15 years or less left to run when granted
• some short-term arrangements lasting less than 18 months
• rights granted purely as loan security
• rights used solely to secure overage
• certain non-development arrangements
• some section 106 rights
• contracts relating to national security or defence purposes

However, mixed-purpose agreements may still need to be reported, even where part of the arrangement would otherwise fall outside scope.

Who is responsible for reporting the information?

The obligation to provide information will usually fall on the party benefiting from the right. In most cases, that is likely to be the developer, promoter or investor.

Where there is more than one beneficiary, responsibility will depend on how the agreement is structured.

What information will need to be disclosed?

HM Land Registry is expected to require detailed information about affected agreements, although financial terms such as the price paid or payable will not need to be disclosed.

The filing is expected to include:

• the names of the parties
• the agreement date and title
• the type of right granted
• when the right starts and ends
• extension or termination provisions
• any relevant conditions affecting the right
• the affected title number and property address
• entity identifiers, such as a company number or, for an individual grantor, their date and place of birth

When will the information need to be filed?

Different deadlines are expected to apply depending on when the right was created.

For rights granted after the regulations are made in 2026 but before they come into force on 6 April 2027, the information must be submitted before 6 October 2027.

For rights granted, assigned or varied on or after 6 April 2027, the deadline will be 60 calendar days from the relevant trigger event.

How will the filing process work?

HM Land Registry is expected to launch a digital submission service on 6 April 2027.

Filings will need to be made through a regulated conveyancer. Applications relating to notices or restrictions are also expected to require the relevant contractual control information before they can proceed.

Will existing agreements be affected?

Yes, potentially. The regime is expected to apply not only to new rights granted after the regulations are made in 2026, but also to some older agreements that are later assigned or varied after 6 April 2027.

This is particularly important where a variation changes information that would otherwise need to be reported under the new rules.

What happens to the information after submission?

From April 2028, HM Land Registry is expected to publish contractual control information monthly through a public database.

The published information is expected to include:

• the location of the land
• the identity of the beneficiary
• the type of right
• the duration of the arrangement
• the date the right was granted or exercised

Sensitive personal information is not expected to be published.

What happens if the information is not provided?

HM Land Registry may refuse to enter or update a notice or restriction until the required information has been supplied.

Failing to comply without reasonable excuse, or knowingly providing false or misleading information, may also amount to a criminal offence.

Do you need to report when a right ends?

Yes. If a right expires, is exercised or ends early, the beneficiary will be expected to notify HM Land Registry within 60 calendar days so the public record can be updated.

What should developers, promoters and landowners be doing now?

There are several practical steps worth considering ahead of implementation.

Review existing agreements - Review options, conditional contracts, pre-emption agreements and promotion agreements now, particularly where there may be future assignments or variations. In some cases, taking action before 6 April 2027 may prevent older agreements from falling within the reporting regime.

Consider confidentiality and deal structure - If confidentiality is commercially important, it is worth reviewing whether the proposed structure still achieves the right balance between control and disclosure. For some transactions, outright acquisition or an alternative legal structure may be more appropriate.

Prepare internal reporting systems - Businesses should consider putting systems in place now to capture key information early and monitor reporting deadlines. That includes tracking grants, assignments, variations, exercises, expiries and early terminations.

Build extra time into transactions - Where notices or restrictions are required, additional lead-in time may be needed to complete filings through a regulated conveyancer.

What next?

The regulations are expected to come into force on 6 April 2027, with public disclosure expected from April 2028.

For landowners, developers, promoters and investors, this is more than an administrative filing change. It reflects a wider move towards greater transparency in the land market, with important implications for confidentiality, due diligence and transaction strategy.

Now is a sensible time to review your development pipeline, existing agreements and internal reporting processes.

If you would like to discuss how the proposed regime could affect your agreements, site assembly strategy or transaction timetable, our commercial property team would be happy to help. Early advice can make a real difference when structuring deals, managing disclosure risk and preparing for the new filing requirements.

Phone: 023 9275 3575
Email: enquiries@warnergoodman.co.uk