BLOGS

Introduction: Shining a light on hidden land deals

For decades, the English and Welsh land market has operated with a significant blind spot. Option agreements, conditional contracts, and promotion agreements—the mechanisms by which developers secure control of land before submitting planning applications—have remained largely invisible to local authorities, neighbouring landowners, and market analysts alike.

The Levelling-up and Regeneration Act 2023 signalled Parliament's intent to change this. Section 122 of the Act grants the Secretary of State powers to establish a register of "contractual control agreements" relating to land, requiring disclosure of arrangements that give parties rights to acquire or develop land in future. With draft regulations expected in late 2026 or early 2027, the residential development sector is preparing for a fundamental shift in transparency.

What the new disclosure rules will require

Scope of the register

The forthcoming regulations are expected to capture a broad range of land control mechanisms. These include option agreements (where a developer secures the right but not obligation to purchase land), conditional contracts (where completion depends on planning or other conditions), and promotion agreements (where a promoter agrees to secure planning permission in exchange for a share of uplift).

Current estimates suggest that a significant proportion of sites in England's residential planning pipeline are subject to some form of land control agreement that would fall within scope. REalyse planning data indicates that across major growth corridors—including the Oxford-Cambridge Arc and areas surrounding strategic rail investments—development sites frequently change hands or progress through planning without the underlying control structure being publicly visible.

Registration and access

The draft framework is expected to require disclosure to HM Land Registry, creating a searchable public register. Key details likely to be captured include:

• The parties to the agreement

• The land affected (by title number or boundary description)

• The nature of the agreement (option, conditional contract, etc.)

• The duration or expiry date

• Any assignment or novation of rights

Local planning authorities, housing associations, and community groups have long argued that visibility over who controls development land would improve plan-making and land assembly for affordable housing delivery.

Market implications for developers and investors

Increased due diligence transparency

For institutional investors and housebuilders, the register will provide a clearer picture of competitor activity and land banking patterns. REalyse data shows that in high-demand areas such as Greater Manchester, the West Midlands Combined Authority area, and the South East, understanding the true development pipeline requires looking beyond planning applications to the land deals that precede them.

Currently, sophisticated market participants piece together this intelligence through agent networks, Land Registry title monitoring, and planning application analysis. The new register could level the playing field, giving smaller developers and local authorities access to information previously available only to well-resourced players.

Potential effects on land pricing

Some industry voices have raised concerns that transparency could affect negotiating dynamics. Where a developer's interest in a site becomes publicly known earlier in the process, landowner expectations may shift. Equally, visibility over the duration and terms of option agreements could influence secondary market activity, where options are traded between developers.

Analysis of comparable international regimes suggests that disclosure requirements do not necessarily dampen development activity. Scotland's Land Register already captures some contractual interests, and the Scottish residential development market continues to function—albeit with different dynamics around land banking.

Strategic implications for land promoters

Promotion agreements, which typically see specialist firms navigate the planning process before selling to housebuilders, have operated with particular opacity. These arrangements can span five to ten years or longer, during which the promoter's interest is rarely visible in public records.

The disclosure requirements may prompt some recalibration of the promotion model, potentially accelerating the trend toward earlier housebuilder involvement in larger strategic sites. REalyse tracking of planning applications shows that multi-phase residential schemes above 500 units increasingly involve named delivery partners at outline application stage—a shift from historic patterns where promoters retained control until reserved matters.

Preparing for 2027: What stakeholders should do now

For developers and investors

Now is the time to audit existing land portfolios and understand which agreements will require registration. Legal teams should review standard contract templates to ensure compliance with disclosure obligations once they come into force. Consideration should also be given to commercial sensitivities—while the register will be public, the full commercial terms of agreements (such as option exercise prices) are not expected to be disclosed.

For local authorities

Planning departments should prepare to incorporate register data into local plan evidence bases and housing land supply assessments. Understanding the true control structure behind allocated sites could improve deliverability assessments and inform decisions about compulsory purchase or public land assembly.

For market analysts

The register will represent a significant new data source for residential market analysis. Combined with planning application tracking and transaction data, it will enable more sophisticated modelling of when controlled land is likely to come forward for development—a key input for housing supply forecasting.

Conclusion: A long-overdue step toward land market transparency

The Levelling-up Act's disclosure provisions represent the most significant reform to land market transparency in a generation. While implementation details remain to be finalised, the direction of travel is clear: the days of invisible land control are numbered.

For market participants, the transition period before 2027 offers an opportunity to prepare systems, contracts, and strategies for a more transparent environment. For analysts and policymakers, the register promises to fill a critical gap in understanding how land moves from agricultural or brownfield status to residential development.

REalyse will continue to monitor the regulatory developments and integrate new data sources as they become available, ensuring our clients have the most comprehensive view of the UK residential development pipeline.