HM Land Registry to launch new contractual controls register

On 6 April 2027, HM Land Registry will launch a digital service requiring certain information about ‘contractual control rights’ in relation to registered land in England and Wales to be submitted to the registrar. A dataset containing the information that has been submitted will then be published ‘as soon as possible’ after 6 April 2028.

The government notes the aim of the measures is to ‘improve transparency over who holds control over land, short of legal ownership’. The government considers ‘improved transparency will support SME developers and local authorities in particular to identify suitable sites for development and place-making’.

What is the background to this?

Following an initial government call for evidence back in 2020, the Levelling-up and Regeneration Act 2023 introduced a framework to allow the government to capture certain information about interests and dealings in land. In relation to England and Wales, LURA 2023 allows for the Chief Land Registrar (or other person exercising a public function on behalf of the Crown) to require the 'provision of information' where it is within the scope of a permitted purpose. There are three permitted purposes: the beneficial ownership purpose, the contractual control purpose and the national security purpose. However, although LURA introduced the framework, secondary legislation is required to give effect to these measures.

On 9 March 2026, in relation to the ‘contractual control’ purpose the government:

• laid the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the ‘Regulations’) in parliament,
• published non-statutory guidance in relation to the regime;
• published its response to the January 2024 consultation on this area.

The government notes it expects the regulations to be made ‘in the first half of 2026’.

No regulations or updates have been published in relation to the beneficial ownership purpose or the national security purpose.

What types of agreement are in scope?

The regulations intend to catch rights contained in written agreements such as:

• option agreements,
• conditional contracts,
• pre-emption agreements, or,
• promotion agreements.

The government states that these are ‘typically used to control future ownership of land without immediate acquisition, often forming part of long-term site assembly and planning strategies’. To be caught by the new regime, the contractual control right should be granted in relation to the whole or part of a registered freehold estate or a registered leasehold estate with 15 years or more remaining on the date on which the contractual control right is granted. The right should require the owner of the registered estate to transfer a legal estate or grant a lease for 15 years or more.

The contractual control right must relate to the development, use or disposal of land in England or Wales and be held for the purposes of an undertaking (this includes ‘a business, charity, or other organised activity’).

Are any rights excluded?

Yes, the Regulations specifically exclude certain types of agreement. However, the guidance notes that the ‘exemptions should be interpreted narrowly. In cases where an agreement serves multiple purposes, the information provision requirement may still apply’.

The following are excluded in the Regulations:

• Rights with a total period of control of less than 18 months.
• Security rights which are granted solely to secure loan or mortgage repayments are excluded, as well as security for overage obligations.
• Rights granted exclusively for non-development purposes (this covers situations where the right does not relate to future development resulting in the provision of one or more houses or flats, or a building where the floorspace created by the development is 100 square metres or more).
• Rights contained in section 106 agreements where the right relates exclusively to the provision of infrastructure, amenities, or services in connection with the grant of planning permission.
• Rights contained in contracts made for the purposes of national security or defence.

The government’s response to the consultation notes it ‘will not require information on restrictive covenants or overage and clawback agreements’. Agreements in relation to unregistered land are also not included in the regime.

What information needs to be provided?

Fairly detailed information about the agreement will need to be provided. This will include details of the agreement including the parties (this will include any company registration number or the date and place of birth of the grantor if an individual), date and description of the agreement. The type of contractual control right must be identified as well as the date from which the right can be exercised, and if the date is contingent upon satisfaction of contractual conditions, details of those conditions.

Details as to the ‘initial period of control’ in relation to the contractual control rights should also be provided together with details of any provisions in the contract to extend that period and any terminations rights.

The title number, address and postcode of the land which is subject to the right. Where the right impacts only part of the property sufficient details to identify the land must be provided (e.g. a plan). Whether or not the land includes, for example, airspace will also need to be included.

It does not appear that the agreement itself needs to be provided.

When does the information need to be provided?

• From 6 April 2027, there will be a duty to provide information to the registrar within 60 days of the date of grant, assignment or written variation of a contractual control right.
• In addition, for contractual control rights which are granted on or after the date on which the Regulations are made but before 6 April 2027, information about that right must be provided to the registrar before 6 October 2027. Initial proposals had a five-year retrospective window for agreements but the government response to the consultation noted this approach had been changed,‘in light of the concerns raised’.
• There is also a duty to update the registrar within 60 days when a registered contractual control right has expired, been determined or has been exercised (whether in whole or in part).

Who provides the information and how is it submitted?

The grantee (the person entitled to enforce the contractual control right) has a duty to provide the information. However, the regulations provide that the information must be submitted digitally to HM Land Registry via an individually regulated conveyancer.

The guidance notes that the digital submission system is currently in development by HM Land Registry, and further guidance will be published in due course. On 23 March 2026, in the Ministry of Housing Communities and Local Government’s annual letter to the Chair of the HM Land Registry Board, under the government’s policy priorities, in relation to these measures, it was noted that ‘HMLR should now work to ensure that the data collection system is ready to launch in April 2027’.

When will the information be made available?

The Regulations require HM Land Registry to publish a dataset of the information collected in relation to contractual control rights as soon as possible after 6 April 2028. Updated information must then be published at least once every month ‘in a standardised and downloadable format’.

Not all information will be published in the open database. An individual grantor’s date and place of birth will not be published .

The Regulations also set out that the registrar may impose conditions on any person requesting to access the data ‘which may include a requirement that the person making the request identifies themselves to the registrar’.

What if the information is not provided?

It may not be possible register or update a notice or restriction on the title to protect the agreement unless the registrar is satisfied the requirements have been complied with.

In addition, failure to comply may also amount to a criminal offence under LURA.