New laws to identify potential land use

The UK Government has published draft regulations introducing a new disclosure regime for land agreements that give control over development without transferring ownership. The rules, which will apply in England and Wales, stem from the Levelling-up and Regeneration Act 2023 and are expected to come into force on 6 April 2027.

Surveyor in a field

What are the regulations trying to do?

In simple terms, the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 aim to expose who really controls land behind the scenes.

Many development deals rely on private agreements that do not appear clearly on the public register. The new regime requires details of these arrangements to be disclosed to HM Land Registry and made publicly accessible. The policy objective is to improve transparency in the land market, helping authorities, communities, and other stakeholders understand who influences land use and future development.

Property agents should begin familiarising themselves with the regime now, as it is likely to reshape how land opportunities, control and development pipelines are understood across the market.

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Why this matters for property agents

Although the legal duty sits mainly with developers and promoters, the regulations will affect the wider property market.

For agents, the practical implications are significant. Increased transparency will provide greater visibility of land control, making it easier to identify who is actively promoting or assembling sites. This, in turn, supports more informed advice to clients, particularly landowners considering entering into option or promotion agreements.

The changes may also influence land values and competitive dynamics, as improved access to information is likely to shape negotiations and pricing across the market.

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What types of agreements are and aren’t covered?

The regulations apply to “contractual control rights” over registered land in England and Wales, which give a party the ability to control how land is used, developed or disposed of, even if they do not own it. These typically include option agreements, conditional contracts for sale, pre-emption rights, and certain promotion agreements.

Common arrangements that would not fall under the new rules include security arrangements (e.g. loan security), rights affecting short leases (under 15 years remaining), and agreements not linked to development (e.g. utilities or agriculture).

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What information must be provided and by whom?

Where a qualifying agreement exists, prescribed information must be submitted to HM Land Registry, including:

  • Parties to the agreement
  • Type of contractual control right
  • Key dates and duration of control
  • Details of the land affected (title number and address)

This information will be held on a new Land Registry database/register and made publicly available.

The duty falls on the grantee—typically the developer or promoter benefiting from the agreement. Submissions must be made digitally, usually via a conveyancer. Failure to provide information can result in criminal liability, and Land Registry applications relating to the land may be delayed or refused.