Contractual control regulations – an autumn update
The Contractual Control Regulations 2026 (the Regs), made on 8 June 2026, come into force on 6 April 2027. They apply to registered freehold and leasehold (unregistered land is not captured).
Info contained in certain agreements that give control over how land is used/developed must be submitted to the Land Registry (HMLR). Whilst the legal obligation to disclose information lies with the controlling entity the information must be submitted by a regulated conveyancer and cannot be submitted by individuals or companies direct.
Affected agreements entered into between 8 June 2026 and 6 April 2027 must be registered between 6 April 2027 and 6 October 2027, so it is crucial for you to keep note of agreements entered into during this period, for the required details to be submitted after the portal goes live on 6 April 2027.
What steps must be taken by the entity that benefits from the power to control and when?
| Dates to note | Action to take |
| New rights granted on or after 8 June 2026 but before the Regulations come into force on 6 April 2027. | Submit the required information to HMLR by 6 October 2027 (the service is intended to be available from 6 April 2027). |
| New rights granted on or after the Regulations come into force on 6 April 2027. | Submit the required information to HMLR within 60 calendar days. |
| Existing right changed or assigned on or after the Regulations come into force on 6 April 2027. | Submit the required information to HMLR within 60 calendar days. |
What information is required?
The following information must be submitted:
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date, parties and title or description of the underlying agreement:
identifying when the agreement which granted the right was entered into, what it is called, and the parties involved.
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details of the grantee and grantor:
- name
- entity identification (if applicable): if a party is a company or other organisation, their company registration number (e.g. Companies House or Charity Commission) and country of incorporation
- date and place of birth of the grantor (if an individual): to ensure accurate identification (HMLR will not publish this information).
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type of contractual control right (CCR):
option, conditional right (right to acquire land under a conditional contract), pre-emption right, or promotion right (right to direct or request a transfer).
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date from which the right can be exercised:
if the date depends on specific conditions being met, a brief description of those conditions.
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initial period of control:
the period from the start of the agreement to the point at which the right may be exercised or expires, after taking account of any provisions or entitlements to extend it.
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any entitlement for either party to terminate the right
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location of the land affected by the right:
- title numbers: of the affected registered estates.
- geospatial data: to sufficiently indicate where the right is located, where it affects only part of a registered title.
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address of the land:
description of the physical location of the site covered by the right, including postcode (if available) and Unique Property Reference Number (UPRN) (if available).
-
sub-surface land and airspace:
whether the land subject to the right includes land held apart from the surface.
The Regs do not require price, premiums, overage percentages or uplift formulas to be disclosed – only the information set out above has to be provided.
What agreements are captured by the Regs?
Agreements that must be disclosed include:
- option agreements;
- conditional contracts;
- pre-emption agreements;
- promotion agreements;
- development agreements with public bodies (unless they fall within a specific exemption – see below)
but restrictive covenants and overage agreements do not need to be disclosed.
Which agreements are exempt from the Regs?
- rights lasting less than 18 months (including any extension rights);
- rights relating to leasehold estates with less than 15 years remaining at the time the right is granted;
- contracts for national security or defence;
- rights incidental to loans or financial security;
- agreements not related to development; and
- S106 planning obligations.
Who is responsible for providing the information?
The grantee of the CCR is responsible for providing the information to HMLR and this will usually be the developer or promoter. The obligation is not the responsibility of the grantor (i.e. landowner).
Are there penalties if I don’t register a control right?
The Regs require information to be lodged simultaneously with the application for a notice or restriction on the relevant land title register. Failing to lodge the required information means the notice/restriction will not be entered onto HMLR’s title register, directly affecting the priority of the CCR rights created.
Other penalties if the required information is not submitted within 60 days include:
- Civil penalties – fines. There are no details as to how this would be policed or the fines.
- Criminal penalties – knowingly or recklessly providing false or misleading information constitutes an offence under section 225 of the Levelling-up and Regeneration Act 2023;
- HMLR will have the power to reject a notice/restriction applications and can refuse to complete an application if control right information is not submitted. This will mean that Developers and Promoters agreements would not be protected or bind the land in the event of failure for the notice/ restriction to be registered onto HMLR’s title register, so therefore it is crucial that CCR’s are registered properly in order to ensure the agreement is protected.
Disclaimer
The material contained in this briefing note is provided for general information purposes only and does not constitute legal or professional advice.
This article was co-authored by Jane Hamilton, our Real Estate PSL.
