Affecting land in England and Wales – the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (“the Regulations”).
Executive Summary
- These new regulations require disclosure of certain development agreements (e.g. options, promotion agreements) affecting land in England and Wales.
- The aim is to increase transparency around the control of developable land and a duty to provide information about rights contained in land agreements.
- Certain information contained in qualifying agreements will need to be submitted to HM Land Registry by a regulated conveyancer.
- The Regulations are expected to come into force in April 2027 but will already apply to some existing agreements.
- Early review of existing agreements and especially those containing extension rights will help manage risk and confidentiality.
What is Changing?
The new rules require parties to disclose key details about certain land agreements that give control over land that has a realistic prospect of being developed.
These rules sit under the Levelling Up and Regeneration Act 2023. They are intended to make the land market more transparent – particularly where land has development potential.
The Regulations are currently being finalised and are due to come into force on 6 April 2027.
What Types of Agreement are Affected?
The rules apply to agreements that give someone control over land without owning it, such as:
- Option agreements
- Conditional contracts
- Pre-emption rights
- Some promotion agreements
In short, if an agreement gives a party a route to acquire or control land for development purposes, it is likely to be caught by the new Regulations.
The rules largely affect developers, promoters and landowners entering into these arrangements as part of a business venture. They are not aimed at private, non-commercial arrangements.
The rules will also be relevant to professional conveyancers together with other property professionals who are often required to assist negotiate and implement these agreements.
What Information Must be Disclosed?
The party with the benefit of the agreement – typically a developer or land promoter – will need to submit information to HM Land Registry, such as:
- who the parties are
- the type of agreement
- the land affected (together with a plan)
- when the agreement starts and ends (or if that includes specific conditions being met)
- whether the agreement can be extended, renewed or terminated
This information is expected to become publicly visible, subject to limited confidentiality exceptions.
When Must the Information be Submitted?
For agreements granted on or after 6 April 2027, information must be submitted to HM Land Registry within 60 days of a “trigger event,” for example:
- entering into a new agreement
- varying an existing agreement
- assigning the benefit of an agreement
There are transitional rules for agreements entered into on or after 8 June 2026 but before 6 April 2027. For rights granted between these dates, the information must be submitted by 6 October 2027 (once HM Land Registry’s digital platform is made available).
The two-staged timing regime means early preparation will be essential before April 2027.
Who is Responsible?
The party acquiring the right must submit the information, and it must be done through a regulated conveyancer using HM Land Registry’s system. This means a developer or land promoter (who is not a regulated conveyancer), for example, cannot simply submit the information directly to HM Land Registry.
Will Existing Agreements be Caught?
Only agreements entered into after 8 June 2026 will require disclosure.
Older agreements from before this date will not need to be reported.
What Should Landowners and Developers do Now?
We recommend early steps to prepare for the Regulations coming into force, such as:
- Review existing agreements
- Identify options, promotions agreements and conditional contracts across your portfolio.
- Check extension and renewal provisions
- Extension mechanisms may bring agreements into the new regime or extend their visibility.
- Plan for the 60-day deadline
- Internal processes will be needed to ensure reporting is done on time.
- Speak to your conveyancer
- Start early conversations with your conveyancer to ensure qualifying agreements are disclosed correctly and within the relevant timescales.
- Expect greater visibility
- Landowners should assume that future control arrangements will be easier for others to see.
The detail of the Regulations is not yet final, but the direction of travel is clear: greater transparency of development control over land.
Taking early steps – particularly reviewing extension rights and commercially sensitive agreements – will help avoid surprises once the regime comes into force.
If this is something that you need advice for then please contact our Property Development Team who are here to help you.