Guidance

Contractual control agreements

Published 9 March 2026

Applies to England and Wales

1. Summary

About this guidance

This guidance is issued by the Ministry of Housing, Communities and Local Government (MHCLG) to support the implementation of The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (‘the Regulations’).

The Regulations introduce a duty to provide information about rights contained in certain land agreements – such as an option, conditional contract, pre-emption right, or certain rights associated with promotion agreements – to HM Land Registry, where those agreements give a person the power to control how land is used or developed. The aim is to improve transparency over who holds control over land, short of legal ownership.

This guidance explains:

• who must comply with the Regulations
• what information must be provided and when
• how to submit the required information to HM Land Registry
• what will happen with the data once submitted

This guidance is non-statutory. It is intended for:

• developers and promoters entering into contractual control agreements
• landowners granting those rights
• conveyancers acting on their behalf

The Regulations will be made in 2026 and will come into force on 6 April 2027. However, as set out in part 2, they apply to certain agreements made between the date the Regulations are made and the coming-into-force date.

Policy objective

These Regulations are part of the government’s wider commitment to increasing transparency in the land market.

Many land deals are made through private contracts that do not transfer ownership but give a developer or promoter the right to control or benefit from future development. These arrangements are currently opaque to the public, local communities and local planning authorities, and other market participants – making it harder to understand land use patterns or identify available land for development.

By requiring information about those rights to be provided to HM Land Registry, the Regulations aim to:

• improve transparency over who has a stake in land development
• support more efficient and fairer land market operation
• help local authorities and communities understand who controls land in their area

Changes from previous versions

This is the first version of guidance. It will be reviewed and updated as necessary in line with future changes to the Regulations or operational feedback, and when HM Land Registry’s service is live.

2. Application of the Regulations and this guidance

Who this guidance is for

This guidance is aimed at anyone with responsibilities under, or an interest in, the Regulations. In particular, it is intended for:

• grantees of contractual control rights – typically developers, promoters, or other parties acquiring rights over land
• those who grant the relevant rights
• professional conveyancers submitting information to HM Land Registry on behalf of clients
• local planning authorities, community groups, and others with an interest in how land is controlled and developed

The guidance may also be useful to legal and property professionals, researchers, and data users interested in understanding or using the contractual control database.

Scope of the Regulations

The Regulations apply to registered land in England and Wales. They require the grantee of a contractual control right – such as those contained in an option agreement, conditional contract, pre-emption right, or certain rights associated with promotion agreements - to submit information about that right to HM Land Registry.

The Regulations apply only where the contractual control right is held for the purposes of an undertaking, such as a business, charity, or other organised activity.

The Regulations do not apply to every type of right specified in the Regulations. Certain types of arrangement are excluded, including:

Security arrangements

Rights granted purely to secure repayment of a loan or mortgage or as security for an obligation to pay overage.

Rights affecting short leases

Rights affecting leases with less than 15 years remaining at the time the right is granted.

Non-development rights

Rights that are held exclusively for purposes other than future development, as defined in the Regulations, such as those for granted for maintenance, utilities or farming.

Short term rights

A right with a total period of control of less than 18 months.

More detail on which rights are covered and which are exempt is set out in part 4 and part 5 of this guidance.

Transitional arrangements

These Regulations cover:

• new rights granted on or after the date that the Regulations are made (expected in the first half of 2026)
• variations or assignments of all relevant rights on or after the Regulations come into force on 6 April 2027

The Regulations have been laid in Parliament (on 9 March 2026). The Regulations will be made once they are signed by the Minister of State for Housing and Planning, after all the required parliamentary procedures have been completed. It is expected that this will happen in the first half of 2026.

Once the Regulations are made, anyone who holds relevant rights covered by the Regulations will need to prepare to provide information about those rights to HM Land Registry.

HM Land Registry will launch a digital service for submitting this information on 6 April 2027.

If you enter into an agreement creating an applicable right after the Regulations are made but before 6 April 2027, you must submit the required information by 6 October 2027.

If a right is granted, changed, or assigned after the Regulations come into force on 6 April 2027, you must provide the information within 60 calendar days.

Legal status of this guidance

This is non-statutory guidance published alongside the Regulations.

While the guidance does not itself create legal obligations nor does it take precedence over the Regulations, those subject to the Regulations may wish to take it into account when meeting their duties. It explains how the Secretary of State expects the Regulations to be interpreted and complied with in practice.

HM Land Registry may also refer to this guidance when assessing submissions and processing contractual control information.

3. Duties and key obligations

This section explains the core legal duties introduced by the Regulations, including what information must be provided to HM Land Registry, when, by whom, and what happens once the data is submitted.

What information must be provided

The Regulations require information about certain rights over land to be provided to HM Land Registry.

Specifically, where a person is granted a right to control how registered land is developed or disposed of a type listed in the regulations – such as an option, a right to acquire land under a conditional contract, pre-emption right or certain rights associated with promotion agreements – that grantee must provide key information about that right.

These rights are known as ‘contractual control rights’ and are listed in regulation 3(2). The information that must be provided is referred to as ‘contractual control information’, and includes:

• who the right is between
• what type of right has been granted (e.g. option, pre-emption)
• the land affected
• when the right starts and ends
• whether it can be extended
• other relevant terms as required by the Regulations

A full list of required information is provided in part 5.

When it must be provided

A duty to provide information arises each time a contractual control right is granted, assigned to a new party, or varied in writing in a way which alters the contractual control information specified in the Regulations.

In addition, if the right expires, is exercised or comes to an end early, the grantee must notify HM Land Registry of that outcome.

The deadline for providing information about these events is within 60 calendar days of the event taking place.

Who must provide it and how

The obligation to provide information rests with the grantee – that is, the person with the benefit of the contractual control right. In most cases this will be a developer or land promoter.

Submissions must be made digitally through a regulated conveyancer.   

What HM Land Registry will do with the data

Once submitted, the information will be processed and retained by HM Land Registry in a specific database. The data will be published as soon as possible after 6 April 2028 in a structured, open database, designed to be accessible, searchable and reusable. The service will support low-barrier access to information and be aligned with user needs identified through an ongoing programme of research.

Information provided to HM Land Registry, to confirm that a right has ended, changed or been wholly or partially exercised, will help ensure the database remains accurate and useful over time.

4. Scope and exemptions

This section explains what kinds of rights and land are covered by the Regulations, and the limited circumstances in which they do not apply.

Rights in scope

The Regulations apply to contractual control rights over registered land.

In practical terms, contractual control rights are rights found in common types of development-related agreements, such as an option agreement, conditional contract, pre-emption agreements, or certain rights associated with promotion agreements. These are typically used to control future ownership of land without immediate acquisition, often forming part of long-term site assembly and planning strategies.

The definition extends to both absolute and conditional rights (e.g. those contingent on planning permission) and covers situations where the right applies to all or only part of the registered title.

Land in scope

The duty to provide information applies only where the right affects registered land – that is, land with a registered freehold or long leasehold title under the Land Registration Act 2002.

The Regulations apply where the right is granted in relation to a:

• registered freehold estate
• registered leasehold estate with more than 15 years remaining at the time of the grant

Where a contractual control right relates to part of a registered estate – for example, a field or parcel within a larger title – the duty to provide information still applies, and the affected part should be identified as clearly as possible within the HM Land Registry service.

Exemptions

There are a small number of specific exemptions, which are set out in the Schedule of the Regulations. These ensure that the duties focus on rights with a real impact on the land market and development pipeline.

The following are exempt from the duty to provide contractual control information:

Security arrangements

Rights granted solely to secure the repayment of a loan or mortgage, such as those usually contained in legal charges or debentures. These are typically already recorded through existing HM Land Registry processes. Security for overage obligations are also excluded.

Short leases

Rights relating to leasehold estates with 15 years or less remaining at the time the right is granted. This reflects the reduced development value and limited market impact of such leases.

Non-development arrangements

Rights granted exclusively for purposes other than development, as defined in the Regulations. However, rights may still fall within scope if, in substance, they relate to the future development or disposal of the land for development.

Short lasting rights

Rights with a total period of control of less than 18 months.

Rights relating to section 106 agreements

Rights relating exclusively to the provision of infrastructure, amenities or services in connection with a grant of planning permission.

National security or defence purposes

A right contained in a contract made for the purposes of national security or defence.

These exemptions should be interpreted narrowly. In cases where an agreement serves multiple purposes, the information provision requirement may still apply.

5. What must be provided

When a relevant contractual control right is granted, varied, assigned or determined, the grantee must provide specific information to HM Land Registry. This part of the guidance sets out what must be provided and explains how to approach more complex or ambiguous fields.

Core required data

The information required under the Regulations is intended to allow clear identification of:

• what type of right has been granted
• who it has been granted to
• what land it affects
• how long it may remain in effect

The following core data must be submitted:

• name of the grantee and grantor: the parties to the agreement
• entity identification (if applicable): if either party is a company or other organisation, include a public registration number (e.g. Companies House or Charity Commission), or other details that uniquely identify them
• date and place of birth of the grantor (if an individual): to ensure accurate identification
• type of contractual control right: for example option, pre-emption, or right to acquire land under a conditional contract, as defined in the Regulations
• date, parties and title or description of the underlying agreement: identifying when the agreement which granted the right was entered into and what it is called
• date from which the right can be exercised: or, if that depends on specific conditions being met, a brief description of those conditions
• initial period of control: the period from the start of the agreement to the point at which the right must be exercised or may expire, including any provisions to extend, terminate or renew it.
• title number(s) of the affected registered estate(s): and, where the right affects only part of a title, sufficient details to identify the area concerned (e.g. a plan or description)
• address and postcode of the land: the physical location of the site covered by the right
• sub-surface land: whether the land subject to the right includes land (including airspace) held apart from the surface

Most contractual control rights will be protected on the title register by the entry of a notice or a restriction. HM Land Registry may refuse an application for a notice or restriction to be entered in respect of a contractual control right until the information required by the Regulations has been provided.

Providing the information

The service will be available from 6 April 2027, and, in due course, HM Land Registry will publish technical guidance to assist with providing the required information.

6. Variations, assignments and terminations

The Regulations require grantees to provide information to HM Land Registry about certain changes to contractual control agreements. This includes variations, assignments, and when rights are brought to an end or expire.

These updates are critical to ensuring the published database remains accurate and reflects the current position on the ground.

Variations

If a contractual control right is varied in writing after information has been provided, the grantee must provide information about the variation to HM Land Registry within 60 days of the variation being made.

This includes any changes that affect:

• the type or scope of the right granted
• the land affected
• the period or duration of the right
• any conditions that govern the exercise of the right

The submitted update must describe the nature of the variation and confirm the effective date.

Assignments

If a contractual control right is assigned to a new grantee, that new grantee must provide updated information to HM Land Registry within 60 days of the assignment.

Expiry, determination or exercise

When a contractual control right comes to an end, this information must also be provided within 60 days. This includes the complete or partial:

• expiry – the right has reached the end of its term and is no longer capable of exercise
• determination – the agreement has been terminated, whether by mutual consent, notice, or another contractual mechanism
• exercise – the right has been exercised (for example, a developer has exercised its right to purchase the land under an option agreement)

Where only part of the agreement ends (for example, only part of the land is acquired), the update should describe clearly which part of the land, or which right has been affected.

This ensures that the database reflects ongoing changes to land control arrangements and avoids leaving stale or misleading entries in the public record.

7. Submission process and data handling

This part sets out the process by which contractual control information must be submitted to HM Land Registry, how the data will be handled, and what users can expect in return. The digital submission system is currently in development by HM Land Registry and further technical guidance will be published in due course.

How to submit

Grantees (via a conveyancer) must submit contractual control information to HM Land Registry using the required digital service.

Format and validation

Submissions must be made in the prescribed digital format provided by HM Land Registry.

More information about this service will be available in due course.

8. Publication, use and retention

One of the core aims of these Regulations is to improve transparency over land control arrangements by making key information publicly available. This part outlines how HM Land Registry will handle the data it receives, what will be published, and how long it will be retained.

What HM Land Registry will publish

From April 2028 onwards, HM Land Registry will begin publishing contractual control information. The database will include core information submitted under the Regulations, such as:

• the location and extent of land affected
• the identity of the grantee
• the type and duration of the control right
• the date the right was granted or exercised

Publication will take place on at least a monthly basis in a standardised and downloadable format.

Suppressed information

Some information submitted to HM Land Registry will not be published in the open database, including date of birth and place of birth (for individual grantors). This information is collected for protective and validation purposes only, as is industry standard for most service providers who require some level of identification verification assurances. However, these details will not form part of any published information and HM Land Registry has well established robust and effective procedures when it comes to data to ensure that it is handled and stored safely.

Retention and historical record

All submitted contractual control information will be retained by HM Land Registry in line with public record obligations.

These records will help enable users to see how land is controlled and released for development – improving the evidence base for housing delivery, the land market, and transparency.

9. Enforcement and compliance

The Regulations are designed to ensure that contractual control rights over land are visible to the public. While most parties will comply voluntarily, there are enforcement mechanisms in place to support compliance.

Role of HM Land Registry and MHCLG

HM Land Registry is responsible for:

• receiving and processing submissions of contractual control information
• ensuring submissions are completed and meet the format required by the Regulations
• publishing the data at regular intervals in an accessible format

The Ministry of Housing, Communities and Local Government is responsible for:

• issuing this guidance and supporting understanding of the policy intent
• working closely with HM Land Registry to support delivery, system design and compliance monitoring

Offences

Failing to comply with these Regulations, or knowingly or recklessly providing false or misleading information in response to those requirements, constitutes an offence under section 225 of the Levelling-up and Regeneration Act (“LURA”) 2023.

Offences under section 225 may be committed by individuals, partnerships or corporate entities, and by officers or employees acting on their behalf.

Supporting compliance

The government’s intention is to promote compliance through clarity, guidance and system design. To support this, we will provide worked examples and FAQs to aid submission, and HM Land Registry will provide technical guidance once the service is live.

We encourage those who may be subject to these Regulations to seek early legal or professional advice if unsure whether information about a contractual control agreement needs to be provided, or how to describe the relevant information.

10. Frequently asked questions

This section addresses common queries about the Regulations and this guidance. It does not replace legal advice or override the text and meaning of the Regulations.

What is the purpose of these Regulations?

The Regulations aim to improve transparency in the land market by making public who controls land through contractual agreements – such as options, conditional contracts, pre-emption agreements, and promotion agreements – even where legal ownership has not changed. Improved transparency will support SME developers and local authorities in particular to identify suitable sites for development and place-making.

Who is responsible for providing the information?

The grantee of the contractual control right – typically a developer or land promoter – is responsible for ensuring the information is provided to HM Land Registry. Submissions must be made digitally by a conveyancer acting on their behalf.

When must the information be submitted?

Information must be submitted within 60 days of a trigger event. These include:

• the grant of a new right
• a written variation of an existing right
• an assignment of the right to a new party
• the expiry, exercise, or determination of the right

Agreements entered into before the Regulations come into force but after the SI is made must be submitted by 6 October 2027.

HM Land Registry’s digital service will be available from 6 April 2027.

Does the agreement have to mention “development” to be in scope?

No. The agreement does not need to use the word “development”. If one of its purposes is development, as defined by the Regulations – or disposal of land for development – it is likely to be within scope. The test is based on the substance of the right, not specific language.

Only rights that are exclusively for non-development purposes, as defined by the Regulations, fall outside the requirements. Parties must be able to demonstrate that the right has no realistic link to development in order to rely on that exemption.

What happens if the agreement is extended or assigned?

Written variations or assignments are trigger events and therefore information needs to be provided within 60 days.

Can the grantee submit the information directly?

No. The Regulations require submission by an individually regulated conveyancer.

This is a condition that does not apply to most land registration applications which can be submitted either directly by the applicant or by someone working in a conveyancing firm under the supervision of a regulated conveyancer.

However, a similar condition is imposed in other situations where HM Land Registry relies on a statement or certificate from a regulated conveyancer instead of requiring the applicant to produce documents or evidence for HM Land Registry staff to check for themselves. This approach provides enhanced assurance that the information provided under the Regulations, which can be legally complex, is complete and accurate and that the person submitting the information is professionally accountable for it.

Will all submitted information be made public?

No. Some sensitive fields (e.g. place and date of birth of grantors) will be collected for verification purposes but will not be published. Part 8 of this guidance sets out how HM Land Registry will publish and retain the data.

What are the consequences of non-compliance?

HM Land Registry may refuse to register a notice or restriction linked to an unregistered right. Failure to comply may also amount to an offence under section 225 of the Levelling-up and Regeneration Act 2023 and may lead to prosecution.

What if I am unsure whether my agreement is in scope?

You should consider the purpose, substance and effect of the agreement. If in doubt, seek legal advice. The guidance in part 4 sets out the scope and exemptions in more detail.

11. Glossary

This glossary explains key terms used in this guidance. It is not exhaustive but aims to support interpretation. It does not replace legal advice, nor does it modify or override the text and meaning of the Regulations and definitions contained within.

Key definitions

Assignment

A legal transfer of the benefit of a contractual control right to a different grantee.

Contractual control information

The information that must be submitted to HM Land Registry in accordance with the Regulations. This includes details about the agreement, the land affected, and the parties involved.

Contractual control right

A right granted by a written contract over registered land of a type specified in the Regulations.

Conveyancer

A legal professional qualified to act in land registration matters, such as an individually regulated solicitor, licensed conveyancer, or legal executive. This does not include employees of regulated conveyancing firms who are not themselves individually regulated.

Determination

The ending of a contractual control right by agreement, expiry, or exercise of a break clause or similar provision.

Grantee

The person or entity granted the contractual control right. This is the party responsible for ensuring the information is submitted to HM Land Registry.

Grantor

The landowner who enters into a contractual control agreement with the grantee.

Initial period of control

The first period during which the grantee may exercise the right, as set out in the contract. This may be followed by extension provisions.

Qualifying estate

The registered estate in land to which the contractual control right relates. Typically, this will be a freehold or a leasehold with more than 15 years unexpired.

Regulations

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026, made under part 11 of the Levelling-up and Regeneration Act 2023.

Total period of control

The maximum duration of the contractual control right, taking into account any extension provisions or longstop dates.

Variation

A written change to the terms of an existing contractual control agreement (e.g. to extend its duration or substitute a party). Information about variations must be provided.

12. Review and updating of this guidance

Review arrangements

This guidance will be kept under review by the Ministry of Housing, Communities and Local Government in partnership with HM Land Registry.

This guidance will be reviewed when the Regulations come into force on 6 April 2027. Updates may also be needed to reflect:

• feedback from users and stakeholders
• changes in law or policy
• improvements to HM Land Registry’s submission system or publication model
• operational experience or emerging best practice

We may also issue updates to clarify interpretation of the Regulations in light of edge cases or systemic matters.

How to submit feedback

Stakeholders are encouraged to provide feedback or suggest improvements to this guidance.

Comments should be emailed to: ContractualControl@communities.gov.uk

We particularly welcome:

• suggestions for improving clarity
• proposals for worked examples once the HM Land Registry service is operational

Version control and publication

Each update to this guidance will be clearly dated and versioned. A summary of changes will be provided at the beginning of each revised version.