The Contractual Control Conundrum – What if you ‘forget’ to register your options and rights of pre-emption from April 2027?

Contractual control - man in the mud looking at the HS2 trainline
Land banking crackdown – Options and rights of pre-emption must be registered within the prescribed time, or else…

New Transparency Rules for Land Options & Control Agreements – What You Need to Know

Contractual Control Rights Transparency (from April 2027) – The Provision of Information (Contractual Control) (Registered Land) Regulations 2026

From 6 April 2027, developers, promoters and others holding certain contractual rights over registered land in England and Wales must report them to HM Land Registry. The rules cover options, pre-emption rights, conditional contracts and certain promotion agreements that give control over how land is developed or disposed of – without immediate ownership.

Key deadlines

  • Rights granted on or after 6 April 2027: report within 60 days
  • Rights granted between 8 June 2026 and 5 April 2027: report by 6 October 2027

Details will appear on a new public database from April 2028. Failure to report can mean HM Land Registry refuses to protect your rights with a notice or restriction on the title i.e. if the land is sold on, the agreement will not be binding against new owners (‘successors in title’). It is also a criminal offence that can result in fines or imprisonment. If you hold or are about to enter any of these agreements, early preparation is essential.

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Rentcharges to replace lease in effect

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