BLOGS

The days of the opaque land option are numbered. Draft regulations published in March 2026 will require mandatory disclosure of development control agreements to a new public register maintained by HM Land Registry. For developers, investors and landowners across England and Wales, the changes represent the most significant shift in land transparency requirements in decades.

What the new regulations require

The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 create a new Contractual Control Register at HM Land Registry. From 6 April 2027, parties holding certain rights over registered land must submit prescribed information within 60 days of any "trigger event" — including the initial grant, variation, assignment, expiry or exercise of the agreement.

The types of agreement caught include:

• Option agreements — rights to purchase land at a future date

• Pre-emption agreements — first-refusal rights on sale

• Conditional contracts — purchases contingent on planning or other conditions

• Land promotion agreements — arrangements where a promoter secures planning permission on a landowner's behalf

Information must be submitted digitally via a conveyancer. From April 2028, HMLR will begin publishing the data publicly on at least a monthly basis, making previously confidential deal structures visible to the market.

Who bears the burden

The disclosure obligation falls squarely on the grantee — typically the developer, promoter or investor holding the contractual right, rather than the landowner. This reflects the Government's aim of understanding who truly controls land earmarked for development, even where legal ownership remains unchanged.

For agreements entered into after the regulations are formally made (expected in the first half of 2026) but before the April 2027 commencement date, submissions must be lodged by 6 October 2027. This transitional window gives the industry time to adapt, though parties negotiating deals now should be building compliance into their processes.

Notably, an earlier proposal to backdate disclosure requirements to agreements made since 2021 has been dropped — a welcome concession for the sector.

The penalties for non-compliance

The regulations carry teeth. Under section 225 of the Levelling-up and Regeneration Act 2023, failure to comply — or knowingly providing false or misleading information — is a criminal offence. Penalties on conviction can include:

• An unlimited fine

• Up to two years' imprisonment

HMLR may also refuse to register notices or restrictions linked to unregistered contractual control rights, potentially undermining the enforceability of agreements.

These are not theoretical risks. The Government has signalled that transparency in land control is a policy priority, and enforcement is expected to follow.

Why this matters for the market

With REalyse data showing over 300,000 residential planning applications tracked across England and Wales — representing more than 4 million units across various planning stages — the scale of development activity potentially affected is substantial. Many of these schemes sit behind option agreements or conditional contracts that have historically remained invisible to the wider market.

The new transparency regime will have several practical implications:

• Site assembly strategies may become visible to competitors, potentially affecting land pricing and negotiation dynamics

• Landowners considering promotion or option agreements will know their arrangements may become public knowledge

• Investors and lenders will gain insight into the true control structures behind development sites, supporting more informed due diligence

• Local authorities and communities will have clearer visibility of who holds development rights in their areas

For property professionals using platforms like REalyse to track planning pipelines, analyse land ownership and assess development opportunities, the new register will add another layer of market intelligence once publication begins in 2028.

Exemptions and exceptions

Not all agreements are caught. The regulations include limited carve-outs for:

• Section 106 agreements relating exclusively to infrastructure, amenities or services in connection with planning permission

• National security or defence contracts

Agreements serving multiple purposes may still fall within scope, so careful analysis will be needed on a case-by-case basis.

Preparing for April 2027

With less than 12 months until the rules take effect, developers, investors and their advisers should be taking steps now:

1. Audit existing agreements — Identify any contractual control arrangements that may be varied or assigned after April 2027, triggering disclosure obligations

2. Review pipeline transactions — Build compliance processes into deals currently being negotiated

3. Consider commercial implications — Evaluate whether disclosure of deal terms may affect negotiating positions or land values

4. Engage conveyancers early — Submissions must be made digitally via regulated conveyancers, so establish workflows ahead of time

The new regime applies only to registered land in England and Wales. Scotland and Northern Ireland operate separate land registration systems and are not currently subject to equivalent requirements.

Outlook

The Contractual Control Register represents part of a broader Government push towards transparency in land ownership, following earlier reforms requiring disclosure of overseas beneficial owners and company ownership structures. While the property industry has raised concerns about commercial confidentiality and privacy — particularly for farming families using option agreements for succession planning — the direction of travel is clear.

For REalyse users, the eventual publication of contractual control data from April 2028 offers the prospect of enhanced market intelligence, enabling more complete analysis of who controls development land and how sites move through the pipeline. Combined with existing planning application data and land ownership records, the new register should support more informed investment and development decisions.

The countdown to April 2027 has begun.