In June 2026, the government published the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the Regulations). This is the statutory framework behind the new Contractual Controls Register (the Register), which is intended to improve transparency over who controls land use and who will benefit from future development.
The Regulations will come into force on 6 April 2027, and it is anticipated that the Land Registry will make the Register live at that point. In the meantime, clear records of relevant arrangements need to be kept so that they can be registered once it is possible to do so.
Qualifying agreements
Agreements entered into from 8 June 2026 need to be recorded. Failing to accurately update the Register when it is available could mean that it is not possible to enforce rights and could impact future transactions in respect of the land in question.
Once the Register is available, there is a deadline of 6 October 2027 by which qualifying rights must be entered.
Failure to comply will be an offence, and as such, will attract penalties.
Rights that should be recorded include:
- Call options
- Conditional contracts for sale
- Pre-emption agreements
- Land promotion agreements
Agreements that are exempt include:
- Short-term controls, or rights lasting less than 18 months
- Short leases for less than 15 years
- Non-development agreements, where rights are not aimed at construction of dwellings or creating 100 sqm or more of new floorspace
- Security arrangements, where rights relate only to the repayment of a loan or mortgage, such as a legal charge, debenture or security for an overage agreement
- Section 106 planning agreements, where the right relates exclusively to the provision of infrastructure, amenities or services in connection with a grant of planning permission
- Defence contracts relating to national security
Registration
Once the Register is live, new rights, transfers or variations will need to be added within 60 calendar days of their date.
The grantee, or party benefiting from the rights, is responsible for disclosing the information. They are required to arrange for it to be added to the Register by a regulated conveyancer to ensure that the registration is accurate.
Under Regulation 8, the details provided must include:
- The identity of all parties to the agreement
- The Land Registry title number and the address of the property, to include the postcode
- The nature and initial length of the right, including any rights of extension or termination
- Details of the specific contractual or contingent conditions
The Land Registry can refuse to make an entry on the Register until it is satisfied that the right information has been provided.
Failure to arrange for the Register entry to be made or knowingly or recklessly providing false or misleading details is a criminal offence and could result in an unlimited fine and up to two years in prison.
The effect of the Register
The increased transparency will mean that developers have more details of their dealings made public. This could affect land sales and mean that owners of nearby land are alerted to development potential. Larger developers could be alerted to potential discovered by smaller developers, meaning smaller developers could miss out.
How 3CS can help
If you need to speak to an experienced real estate solicitor, our real estate team will be happy to help.
For advice and guidance, please get in touch.
