The “Contractual Control Register”

Transparency of land ownership and control has been a recurring theme in government policy for over a decade, driven by concerns about money laundering, housing delivery, land banking and public accountability.  Following the introduction of the Register of Overseas Entities and wide-ranging corporate transparency reforms, the next significant change for the property sector is the introduction of the Contractual Control Register.

While this new regime does not affect the ownership of land, or the validity of existing agreements, it will fundamentally change how many strategic land arrangements are disclosed and managed.  It will be particularly relevant to landowners, developers, promoters and funders operating across the Thames Valley, where long‑term development site assembly and option structures are commonplace.

This article explains what the Contractual Control Register involves, when it is being implemented and how it is likely to affect clients in practice.

What is the Contractual Control Register?

The Contractual Control Register is a new public register that will be maintained by HM Land Registry.  It is created by the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 and applies to England and Wales.

The purpose of the register is to improve transparency over who controls land for development purposes, even where that person is not the legal owner.  The Government’s focus is on contractual arrangements that allow a developer or promoter to influence whether, when and how land is sold or brought forward for development, sometimes many years before ownership transfers.

Historically, these arrangements have generally sat ‘behind the scenes’.  While notices or restrictions may be registered on title, the identity of the beneficiary and the nature of the control have not been easily accessible.  The new register is intended to address this perceived opacity.

Which agreements are caught?

The regime applies to written agreements that grant what the Regulations describe as “contractual control rights” over registered land for development purposes.  In practical terms, the most commonly affected agreements will be:

• option agreements
• conditional contracts for sale
• pre‑emption rights
• promotion agreements and similar arrangements

The land must be either a registered freehold estate, or a registered leasehold estate with more than 15 years unexpired at the date the right is granted.  The regime can apply to part of a title as well as the whole.

To avoid capturing short‑term or routine arrangements, the Regulations include minimum duration requirements.  In most cases, the right must be exercisable 18 months or more after the agreement is entered into.  Short‑term options and contracts are therefore generally excluded.

Certain categories of agreement sit outside the regime altogether.  These include security arrangements (such as mortgages, or overage security), rights granted solely for non‑development purposes, national security arrangements and share purchase agreements involving companies that own land.

What information must be disclosed?

Importantly, the agreement itself is not registered and does not become publicly available.  Instead, prescribed information is submitted to HM Land Registry to populate the Contractual Control Register.

The required information includes:

• details of the affected land, including title numbers and sufficient location information to identify it
• the names of the parties to the agreement
• the type of contractual control right
• the date the agreement was entered into
• the start and end dates of the control period
• details of any rights to extend the control period

Commercially sensitive terms such as price, promotion fee structures and conditionality remain confidential.  However, third parties will be able to see who controls land, where that land is and for how long the control lasts.

Who is responsible for registration?

The duty to register rests with the beneficiary of the contractual control right.  In most cases, this will be the developer or promoter, rather than the landowner.

Registration must be made digitally and must be submitted through a regulated conveyancer.  There are ongoing obligations not only when a right is first granted, but also if it is assigned, varied in a way that affects the registrable information, exercised, or brought to an early end.

Failure to comply with the Regulations can result in criminal liability and financial penalties.  As with other Land Registry information regimes, compliance systems and clear responsibility allocation will be essential.

When will the new regime take effect?

The Regulations are expected to be made during 2026 and will come into force on 6 April 2027.

However, there are important transitional provisions.  Agreements entered into between the date the Regulations are made and 6 April 2027 will be caught by the regime and must be registered, typically by 6 October 2027.

In addition, existing agreements entered into years earlier may become registrable if they are assigned or materially varied after commencement.  This means that parties cannot assume that legacy arrangements will always fall outside the new system.

What does this mean for you?

For landowners, the register introduces a new level of visibility.  While ownership does not change, the existence of options or promotion agreements will become a matter of public record.  This may influence negotiations with neighbouring landowners, planning strategy and community engagement. “NIMBYs” will know more then than they do now about who is willing to develop land in their area.

For developers and promoters, the register brings new compliance and administrative responsibilities.  Transaction timetables will need to accommodate registration deadlines and portfolio management systems may need updating to track contractual control rights accurately. 

There may also be strategic implications.  The register will provide insight into competing land positions and long‑term control arrangements, potentially changing how land acquisition and promotion strategies are developed. It may streamline the identification of virgin sites to research as opportunities.

Funders and investors are also likely to take a close interest.  Due diligence exercises may expand to include checks against the Contractual Control Register and funders may require confirmation that relevant rights have been properly registered and maintained.

How FSP can help

The introduction of the Contractual Control Register does not remove the benefits of strategic land arrangements, but it does require greater forethought about structure, disclosure and administration.

Our commercial real estate department and strategic land team advises landowners, developers, promoters and funders on reviewing existing portfolios, structuring new agreements with the register in mind, navigating transitional issues and ensuring ongoing compliance.

Early engagement will be key.  Agreements being negotiated now should already be assessed through the lens of the forthcoming register, to avoid unnecessary complexity or risk later.

For further information contact Richard Higgs or a member of FSP’s strategic land team.