The Government has published the Provision of Information (Contractual Control) (Registered Land) Regulations 2026, which will require the mandatory disclosure to HM Land Registry (“HMLR”) of certain contractual rights granted over land in England and Wales. The Regulations are due to come into force on 6 April 2027.
The Regulations introduce a new register of contractual control rights — including options, conditional contracts, and pre-emption rights — designed to increase transparency in land ownership by making certain information about these rights publicly available
Key Timelines
Notably, the original intention to backdate disclosure requirements to agreements made since 2021 has been dropped. For contractual control agreements entered into after the Regulations are made (expected later this year) but before 6 April 2027, the relevant information must be submitted to HMLR by 6 October 2027.
For all trigger events occurring on or after 6 April 2027 — that is, the initial grant, variation, assignment, expiry, or exercise of a contractual control agreement — information must be submitted to HMLR within 60 days.
Scope of Agreements
These Regulations will have significant implications for developers, landowners, and their advisers across England and Wales. They will require disclosure of details to a separate HMLR register covering:
- Options and conditional contracts to acquire a freehold or leasehold property, or a new lease (leases with a term of less than 15 years unexpired are exempt);
- Rights of pre-emption (i.e. rights of first refusal) for such acquisitions; and
- Rights to direct the transfer or grant of a lease to a third party.
Exceptions
There are some limited exceptions. The Regulations will not apply to contractual control agreements relating to:
- National security or defence contracts;
- Rights incidental to lending security, such as a bank’s step-in rights under facility agreements;
- Contracts which do not concern the future development of dwellings, or where the floorspace to be created is less than 100 square metres;
- Rights expiring within 18 months, including any extension period;
- Rights necessary to protect overage (i.e. additional payments owed to a previous owner of the land, often linked to future planning permissions or increases in value); and
- Rights under section 106 of the Town and Country Planning Act 1990 that relate exclusively to infrastructure, amenities, or services.
Enforcement
Unless the mandatory information is provided, HMLR will not register a notice or restriction to protect the relevant contract. This means that if someone later buys or rents the property, they might not be bound by the rights that were originally granted over it in the option, conditional contract or pre-emption, as those rights have not been properly protected at HMLR.
Non-compliance, or knowingly or recklessly providing false or misleading information, constitutes a criminal offence under section 225 of the Levelling-up and Regeneration Act 2023. Penalties on conviction may include fines and, in the most serious cases, a maximum prison term of two years.
Steps to Take
There is now time for developers and property owners to assess the impact of the Regulations and take steps to manage these future obligations. We would recommend starting to audit existing contractual controls, reviewing pipeline transactions, and building compliance processes well ahead of the April 2027 commencement date.
If you have any questions about how the new Regulations may affect you or your business, please do not hesitate to contact us.
