UK Issues the Provision of Information (Contractual Control) (Registered Land) Regulations 2026

Background

The framework for a public register specifically for rights giving control over land was included in Part 11 of the Levelling-up and Regeneration Act 2023 ("LURA"). The initiative set forth in the Regulations of 2026 reflects a wider focus on transparency in land ownership and control.

What Is a "Contractual Control Right"?

Contractual control rights are written rights that give a person the power to control how registered land is developed or disposed of, without transferring ownership. The following are identified examples of agreements that contain such rights: conditional contracts, pre-emption rights, promotion agreements, and options to require a disposition of land. The regime includes both absolute and conditional rights, as well as contractual controls affecting only part of a registered title. A number of exemptions to the regime will exist, including security arrangements for repayment of loans or financial instruments, security for an overage obligation, rights affecting leases with fewer than 15 years remaining at the date of grant, non-development arrangements, short-lasting rights with a total period of control less than 18 months, rights relating to section 106 agreements and rights for national security or defence purposes. However, where an agreement has any development purpose, it is likely to fall within the scope of the Regulations, no matter how it is drafted.

How Will the System Work?

Once in force, the Regulations will require the grantee of a contractual control right over registered land to submit prescribed information to HM Land Registry. The Regulations require submission by a regulated conveyancer.

The key contractual control information that must be submitted to HM Land Registry includes: the names of the grantor and grantee, including any company registration details; the type of contractual control right; the date, the parties and the description of the document creating the right; the date from which the right can be exercised; the period of control; and the title number, address and any postcode of the land.

From April 2028 onward, the information will be published as part of the public record.

Liability and Consequences of Breach

The consequences of non-compliance fall on the grantee. A breach will occur if the required information is not submitted within the required timescale (see below) or if false or misleading information is knowingly or recklessly provided to the database. The failure to comply with the Regulations is a criminal offence under LURA, and providing false information carries a penalty of up to two years of imprisonment and an unlimited fine. Furthermore, HM Land Registry may refuse to register the notice or restriction until all the correct information has been provided.

From a commercial standpoint, non-compliance may introduce significant business risks: It may delay project timelines, affect funding and lender confidence, complicate land negotiations, and create reputational liabilities.

Key Dates

• 8 June 2026: The Regulations were made. Rights granted on or after this date and before the commencement date will be subject to transitional reporting requirements (see below).

• 6 April 2027: The Regulations come into force. The digital submission service of HM Land Registry launches.

• 6 April 2027 and onward: Information for newly created rights must be provided within 60 days of the relevant event. There is also a duty to report within 60 days variations and assignments of control rights which occur on or after 6 April 2027 (regardless of when the underlying right was originally granted).

• 6 October 2027: Deadline to submit information about rights granted on or after 8 June 2026 and before 6 April 2027.

• As soon as possible after 6 April 2028: First publication of the open contractual control database by HM Land Registry, updated at least monthly afterwards.

Actions to Take

• Update land agreements: All new land contracts should include provisions which permit disclosure to HM Land Registry's new digital system.

• Obtain grantor information before exchange: The criminal offence for non-compliance falls on the grantee, not the grantor. If the grantor refuses to provide the required information post-exchange, the grantee faces criminal liability.

• Solicitors' instructions: These instructions should allow for the solicitors to disclose relevant events to HM Land Registry.

• Monitor HM Land Registry guidance: Operational guidance is expected before April 2027.