The next chapter in Contractual Control and what developers must do now

Overview

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (“CCRs”) represents a shift in transparency of land control in England and Wales. Introduced to give effect to Part 11 of the Levelling-up and Regeneration Act 2023, the CCRs aim to improve the public’s understanding of who holds strategic control of land and for what purpose. The CCRs apply to a defined category of contractual arrangements including options, pre-emption agreements, conditional contracts, and certain promotional agreements, where those agreements contain contractual control rights. 

To fall within scope, an agreement must:

1. be in writing;
2. relate to registered land;
3. confer rights to acquire a freehold or a lease with more than 15 years remaining at the date the right is granted;
4. have a total potential duration of at least 18 months (including potential extensions); and
5. concern land (including surface or subterranean rights).

Exemptions apply for agreements that are limited to infrastructure, amenities or services within Section 106 obligations, agreements which are incidental to security arrangements, rights made for national security/defence. Notably, restrictive covenants and standalone and overage agreements are outside of the scope of the CCRs, unless embedded within a wider agreement containing a qualifying contractual control right.

Implications for our developer clients

Qualifying contractual control rights created between the date the Regulations are made (anticipated in the first half of 2026) and 6 April 2027 must be disclosed to HM Land Registry by 6 October 2027. This includes any in scope rights arising under agreements exchanged after the Regulations are issued, which fall within a transitional reporting window and benefit from the same extended deadline.

Additionally, any pre-existing rights held under contractual control rights that are varied or assigned after 6 April 2027 also trigger disclosure obligations. Therefore, developers and promoters must be cautious when varying or assigning historic contractual control rights from April 2027 onwards. 

Although the underlying agreement will not be published, the CCRs will require disclosure of information relating to the contractual control right, including:

1. the type of right afforded to the promoter/developer;
2. the parties involved;
3. the description and title number of the land including address;
4. the duration of the contractual control right and initial period of control; and
5. key milestones such as option expiry dates and planning longstops and whether it is extendable.

There is some comfort in that financial information will not be published, but this does not detract from the fact that the existence of the agreement itself is commercially sensitive information.

HM Land Registry intends to publish a monthly Contractual Control Database commencing in April 2028, setting out most of the submitted information. Personal verification data, such as dates and places of birth, will not be published.

Who must disclose?

The obligation to disclose rests with the grantee (the party acquiring the rights), typically developers or promoters, who must submit the required information within 60 days of:

1. the right being granted; and
2. the termination of the right (whether by exercise, expiry, or determination).

Note that disclosure must be made by a registered conveyancer.

Failure to comply constitutes a summary criminal offence (punishable by a fine) and may also result in HM Land Registry refusing to register a protective notice or restriction. Since developers and promoters rely on such entries to ensure priority against third party dealings, non-compliance poses significant commercial risk.

The Birketts view

We envisage that future contractual control rights will need to incorporate provisions to ensure timely grantor/grantee cooperation to meet disclosure deadlines, provision of personal verification information, and alignment of confidentiality clauses with CCR requirements.

At the very least, developers and promoters will need to ensure that they have all the relevant information to make a disclosure before entering a contractual control right, as it will be the grantee that faces criminal liability for non-compliance.

The introduction of the CCRs is likely to have far reaching consequences across the development sector. Increased visibility of contractual control rights may encourage earlier objections or opposition from affected communities, adding complexity to planning strategies and placing further strain on the planning system.

Developers may also face firmer negotiation stances from adjoining landowners, particularly in relation to ransom strips and access rights, as the register may reveal which parcels of land are strategically important.

For SMEs in particular increased visibility could reveal strategic pipelines to larger competitors, reduce first mover advantages and narrow the scope for innovative or ‘blue ocean’ strategies. In this sense, while intended to promote fairness and clarity, the Regulations may produce an unintentional effect on competition throughout the market. Transparency may also influence land values by making emerging development hotspots more identifiable, which also lends itself to those with deeper pockets.

All developers and promotors will need to:

1. track all agreements falling within scope
2. update internal processes for monitoring variations
3. maintain robust document management to meet the 60-day deadline.

For those wishing to operate outside of the CCR regime, there could be some possible strategies including using contractual control rights for a term of less than eighteen months or pursuing outright acquisition of land subject to overage, although buy-back or sell-back mechanisms may still fall within scope depending on the terms. Corporate acquisition structures where landowners are prepared to operate through special purpose vehicles also fall outside of the regime, although it remains to be seen whether the added costs of structuring the deal in this way will outweigh the increased administrative burden imposed by the CCRs. Any such structuring will need to be carefully assessed for substance over form, as HM Land Registry may scrutinise arrangements designed to avoid the reporting regime.

The CCR will require shifts in contracting, due diligence and commercial strategy. Our team is already working with developers, promoters, and landowners to prepare for the new regime. If you would like tailored advice on how the CCRs could affect you please get in touch with a member of our team.