Jane Gunnell and Aisha Tarar, in our Commercial Property team, discuss the new reporting rules for landowners and developers coming into force next year.
Agreements such as options, conditional contracts and promotion agreements often grant developers and land promoters significant control over the future development of land which they do not own. Currently, these rights of control are largely omitted from public knowledge, though their existence can often be deduced from protective entries on registered titles.
From 6 April 2027, the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 will require information about certain rights over registered freehold or leasehold land in England and Wales to be reported to HM Land Registry, following which the information will be held on a publicly available register (the Register). The reporting obligations do not apply to registered leasehold titles with less than 15 years to run. There are also a number of specific exemptions.
The purpose of introducing the Register:
The Register aims to provide greater transparency over who has an interest in land development. Government guidance states that through a public register, local authorities and developers will be able to identify any suitable sites for development and gain a better understanding of who controls land in their area. It is important to note that the new Register will be completely separate to existing title registers. The Register is likely to be available to the public from April 2028.
What is a contractual control right?
A contractual control right is a right in a written agreement that controls how registered land is sold, used or developed.
What agreements are covered under the legislation?
- Call options: a right requiring the landowner to sell land.
- Conditional contracts and development leases: the right to buy the land once specified conditions are satisfied, for example, obtaining planning permission.
- Rights of pre-emption: a right to be offered the land before it is sold to another party.
- Promotion agreements: where a promoter can direct or request a sale, usually after promoting the land for development.
Are there any exemptions?
Not every right in such agreements will be reportable. The key exemptions are as follows:
- Short term rights: agreements with a total period of control less than 18 months.
- Non-Development arrangements: held exclusively for another purpose, such as maintenance, utilities or farming.
- Non-Residential developments: control rights relating to developments with no residential element.
- S.106 Agreements: rights in planning agreements relating exclusively to the provision of infrastructure, amenities or services.
- Security arrangements: granted purely to secure repayment of a loan or mortgage.
What information will HM Land Registry require and who will have to report this?
The submission will need to identify the agreement, the parties, the right and the affected land. The core information to be provided also includes the type and details of the contractual control right, the date from which the control right can be exercised along with the initial period of control that the grantee has under the agreement. There is a further obligation to report when control rights are terminated or otherwise come to an end. The obligation to report falls on to the grantee, the party benefitting from the right, such as a developer or land promoter. Online forms are currently being developed and Blandy & Blandy have been involved in the consultation process. Importantly, the regulations require the information to be submitted only by a regulated conveyancer.
Key dates and deadlines
- Rights granted from 8 June 2026 to 5 April 2027 will need to be submitted by 6 October 2027.
- Rights granted on or after 6 April 2027 must be submitted within 60 calendar days.
- Existing rights assigned or changed on or after 6 April 2027 will require a report within 60 calendar days if the event affects the reportable information.
What are the next steps for landowners and developers?
Landowners and developers should review relevant agreements which have been entered into since 8 June 2026 to identify any potential reportable rights. As the new reporting process is separate from standard land registration applications, to ensure compliance with the new regulations, developers will need the help of a regulated conveyancer. Please contact Jane Gunnell or Aisha Tarar in our Commercial Property team if you have any questions.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
