Contractual control agreements

A new public register for contractual control agreements: what landowners and developers need to know.

The Government has now published detailed guidance on the forthcoming public register of contractual control agreements (CCAs), issued to support the implementation of The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (‘the Regulations’). This new regime represents the most significant shift in the transparency of land assembly and development activity for years.

CCAs – such as options, conditional contracts, pre‑emption rights and certain promotion agreement rights – will soon need to be reported to HM Land Registry (HMLR) where they give a party the ability to control how land is used or developed, short of outright ownership. 

In broad terms, the policy aim is to increase transparency and to make it easier for the public, local communities and planning authorities to understand who controls land earmarked for future development, although greater transparency may also have a prejudicial impact on developers and give rise to unforeseen consequences for the development sector, as discussed below.

When will the new rules apply?

The Regulations are expected to be made in the first half of 2026 and will come into force on 6 April 2027. From that point onwards, parties holding in‑scope CCAs will be subject to mandatory reporting obligations. A new HMLR digital submission service is scheduled to go live on the same date, with detailed technical guidance still awaited from HMLR.

There are two key phases to be aware of:

• Agreements entered into after the Regulations are made but before 6 April 2027 must be registered by 6 October 2027 (i.e. a six-month transitional window).
• Agreements granted, varied, assigned or terminated on or after 6 April 2027 must be reported within 60 days of the relevant event.

Importantly, only individually regulated conveyancers can submit the information - that is, solicitors, licensed conveyancers or legal executives who are personally authorised to carry out land registration work (and not unregulated employees acting under supervision). HMLR may refuse to enter notices or restrictions protecting a CCA unless the required information has been provided.

Which agreements fall within scope?

The reporting duty applies to contractual rights over registered land giving a party control over future development or disposal. Examples include:

• options,
• conditional contracts,
• pre‑emption agreements, and
• specified rights under promotion agreements.

Certain arrangements are excluded, including:

• short leases (with under 15 years remaining),
• rights granted purely as security,
• non‑development rights (used exclusively for non‑development purposes), and
• rights lasting less than 18 months.

What information must be provided?

A substantial amount of information must be provided, covering the parties to the agreement, the type of CCA, the relevant title numbers and land descriptions, the start and end dates (including any extension provisions), the conditions governing exercise, and sufficient identification details for the individuals or entities involved.

HMLR will start publishing the data from April 2028 in a structured, searchable format. Certain sensitive personal details will be withheld, but the key CCA information - including the land affected and the identity of the grantee - will be released in updates at least monthly.

Practical implications for developers, promoters and landowners

For developers and landowners, the commercial implications could be significant.

1. Loss of confidentiality: Transactions that have historically remained private may become discoverable at an earlier stage, which could bring forward public scrutiny and increase the likelihood of pre‑application engagement and, in some cases, earlier resistance. This may result in earlier and potentially more organised opposition, adding complexity to planning strategies. More front‑loaded objections could also add friction to already stretched planning timetables. At present, this level of confidentiality is typically maintained through confidentiality undertakings and by protecting contractual control agreements at HMLR via unilateral notices, which do not require the underlying documents to be submitted, but the new regime will limit the effectiveness of those measures.
2. Impact on site assembly and land pricing: Once adjoining landowners can see where developers have secured contractual rights, they may take a firmer stance in negotiations for ransom strips, access rights or other strategic parcels of land. Visibility of control agreements removes much of the leverage created by confidentiality, giving neighbouring owners a clearer sense of the developer’s intentions and the importance of their land to the scheme. As a result, transparency may drive up land prices, extend negotiation timelines and make site assembly materially more difficult – particularly on multi‑owner or phased schemes, where one landowner holding out can significantly delay progress or increase overall costs.
3. Competitive exposure: For smaller developers, the visibility of CCAs could expose their sites and strategies to larger, better‑resourced competitors. Once these opportunities are visible on the register, bigger players may move faster to promote rival schemes, reducing the early‑mover advantage that smaller developers often depend on.
4. Compliance burden: The reporting obligation is strict, time‑limited (60 days), and must be carried out by a conveyancer, meaning developers are likely to face additional professional costs in managing notifications and maintaining the internal systems needed to track variations, assignments, extensions, expiry events and partial exercises.

What steps should parties take now?

With the Regulations expected to be made later this year and reporting obligations commencing in 2027, parties should start preparing for the new regime and consider the following actions sooner rather than later:

• Developers and promoters should begin putting internal reporting processes in place, including compiling a clear record of all existing CCAs and setting up procedures to ensure that trigger events can be promptly identified and reported within the required timeframes once the regime goes live.
• Parties should factor the new public register into their acquisition and planning strategies, recognising that the timing of planning applications, consultation exercises and commercial negotiations may need to be adjusted once control agreements become publicly visible.
• Parties should review and progress any existing agreements, particularly variations or assignments planned for late 2026 or early 2027, as bringing these forward may help avoid falling within the scope of the new regime.
• Parties should consider whether CCAs remain the right approach for future transactions, and where confidentiality is important, they may wish to explore alternative structures such as earlier outright acquisition or different conditional arrangements.
• Given that sensitive commercial information may become publicly discoverable, parties may want to reassess what information is included within CCAs themselves and consider whether some elements are better dealt with in separate, non‑registrable side‑letters.

Conclusion

The new CCA register marks a major change in how development control rights are documented and disclosed. While greater transparency may help local authorities and some SMEs, it also raises commercial, strategic and administrative challenges for many developers and landowners. With the Regulations due to be made later this year and reporting obligations beginning in 2027, now is the time to review portfolios, plan ahead and ensure internal systems are ready.

If you have any questions on the above or require specific advice in this area before the register comes into effect, please contact our Real Estate team.