A significant shift from private control of land agreements to a public register of strategic land control has begun. Developers are urged to take into account the upcoming Contractual Controls of Land Regulations, which will have a retrospective impact on long-term land contracts falling within scope from 9 March this year.
The regulations do not fully come into force until 6 April 2027, but developers cannot afford to ignore their potential impact on current developments and operations.
What are the Contractual Controls of Land Regulations?
The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (CCRs), to use its full name, constitute a new set of rules to increase transparency concerning those holding power to control how land is used and developed (if not the legal owner) and to encourage a fairer, more informed planning system and land market.
The CCRs apply to England and Wales.
Though the CCRs don’t come into effect until April 2027, the transitional provisions require that development rights created from 9 March 2026 (the date the Regulations were made) will be caught by the CCRs.
What are the new requirements?
The CCRs will impose new legal duties on developers and land promoters (as grantees of contractual control rights) to file certain information.
The requirements apply to written agreements in respect of registered land which grant a right to acquire a freehold or a lease with 15 years-plus remaining; lasting for at least 18 months. These agreements constitute a qualifying “contractual control right” and includes options, pre‑emptions, conditional contracts and promotion agreements (where development control is conferred over registered land).
There are fairly limited exceptions, for instance short‑term or non‑development rights, leases under 15 years and section 106 obligations, and defence contracts.
The developer/promotor with a qualifying contractual control right will have to submit mandatory prescribed information to HM Land Registry via a regulated conveyancer. The information required is:
- The parties’ details (with identity verification for individuals)
- The type (eg option or pre-emption) and duration of the development control right
- Whether the right can be extended
- The addresses and registered title numbers of the affected title numbers
- The key exit or long‑stop dates
What does this mean for developers?
Developers who have been granted a qualifying control right over land from 9 March 2026 (but before 6 April 2027) must report those rights by 6 October 2027. There will be a new digital submission service for conveyancers to do this.
For rights granted, changed or assigned from 6 April 2027, developers must send the prescribed information within 60 calendar days. Note that the onus will be on developer as grantee, not their conveyancer to ensure arrangements are in place to send the information.
Developers caught by the CCR who fail to comply will be committing a criminal offence and risk a fine (or imprisonment in the most egregious cases). HM Land Registry could also refuse to register protective notices or restrictions until disclosure obligations are met sintons.co.uk.
What should we do?
It would be prudent for developers to audit all existing agreements that constitute a qualifying contract and were signed since 9 March, as well as agreements currently in the pipeline. New qualifying contracts falling within scope ought to include provisions relating to regulatory disclosure and setting out whose responsibility it is to make the required filings to HMLR.
Ongoing processes should be reviewed and amended to ensure future qualifying contracts will be identified and compliance requirements fulfilled.
Further ahead
After the CCRs are in full force, HMLR is expected to publish Contractual Control Database of those holding contractual control of land and for how long. Planned for April 2028, the database will be searchable – and updated monthly.
Contact us
For specialist advice from experienced commercial property solicitors, please get in touch with Rhiannon Clark, a partner in the team, on 01562 820181 or email her at rhiannon.clark@mfgsolicitors.com.