The Government has introduced a significant new transparency regime for land development agreements through the Provision of Information (Contractual Control) (Registered Land) Regulations 2026. The regulations will require information about certain contractual rights over land to be submitted to Land Registry and published on a new public register.
The changes are intended to improve transparency within the land market by making it easier to identify who has control over land earmarked for future development, even where they do not own it. According to Government guidance, the aim is to help local authorities, communities and other market participants better understand land ownership and development interests.
Which Agreements Are Affected?
The regulations will apply to a range of contractual arrangements commonly used in the development sector, including:
- Option agreements
- Conditional contracts
- Rights of pre-emption
- Promotion agreements
Generally, these are agreements that give a developer, promoter or third party the ability to influence, control or acquire land for future development without taking immediate ownership.
The regime applies to registered land in England and Wales, including leasehold land where at least 15 years remain on the lease at the time the right is granted. Rights lasting less than 18 months are excluded, along with certain security arrangements, utility rights and some Section 106 obligations.
What Information Will Be Made Public?
Although the agreements themselves will not be published, it is understood that the register will contain key information including:
- The type of contractual control right
- The parties involved
- The land affected
- Relevant dates and the duration of the arrangement
Commercially sensitive contractual terms are not expected to be disclosed.
Key Dates
The regulations come into force on 6 April 2027, but there is an important transitional period, as agreements granted on or after 8 June 2026 will also be caught by the new requirements and must be registered once the new system becomes operational.
For new agreements entered into after 6 April 2027, registration will generally be required within 60 days. Information must also be updated when rights are assigned, varied, exercised or come to an end.
What Does This Mean for Landowners?
For landowners, the new register may present both opportunities and challenges. Greater transparency around contractual control arrangements could strengthen a landowner’s understanding of development interests in the surrounding area, enabling more informed negotiations when considering promotion agreements, option agreements or other development arrangements. In some circumstances, knowledge of neighbouring land interests may improve a landowner’s negotiating position and help them assess the relative attractiveness of competing proposals.
However, the new regime may be viewed less favourably by landowners who value confidentiality. Strategic land transactions have traditionally been negotiated privately, and the publication of key information relating to contractual control agreements may reveal the existence and duration of development interests that some parties would prefer to keep out of the public domain. Whilst commercially sensitive terms will not be disclosed, the increased visibility of land control arrangements represents a notable shift away from the discretion that has historically characterised many strategic land deals.
The regulations represent one of the most significant changes to land transparency in recent years. Developers, promoters and landowners who regularly use option agreements, promotion agreements or conditional contracts should review both existing and proposed arrangements to understand whether registration requirements will apply.