The End of Off-Market Secrecy: Implications for developers of the Contractual Controls Regime

The UK Government has published The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (The Regulations) alongside its response to the 2024 consultation on this issue and supporting guidance on contractual control agreements. You can find the Government’s guidance here.

This marks a significant shift in how strategic land interests are treated in England and Wales. Developers will now be required to disclose key information contained in contractual control arrangements to HM Land Registry. From April 2028 this information will be published in a freely accessible downloadable dataset.

In this article we consider the top ten points for developers to consider in relation to these changes.

1 – What are contractual control agreements?

Written agreements in relation to registered land that give the ability to control or influence how the land is used or developed.

Broadly the agreements in scope are:

• option agreements
• conditional contracts
• pre-emption agreements
• promotion agreements
• direction of rights agreements (i.e. directing a transfer to a third party).

To fall within the scope the agreement must:

• involve a right to acquire the freehold; or
• be lease of more than 15 years; and
• have a total control period of 18 months or more.

2 – If the agreement is in scope – what information must be provided?

Broadly the following details must be provided to HM Land Registry:

• type of agreement
• names of the contracting parties
• date of the agreement, and the date from which it can be exercised
• details of any condition affecting the right
• initial period of control
• extension or termination provisions
• address, postcode, title number and extent of the land
• whether the land subject to the right includes airspace or subsurface elements.

3 – How must this information be submitted to the Land Registry

• by a conveyancer
• digitally
• through what HM Land Registry currently refers to in its guidance as “the required digital service”.

4 – When do these regulations come into force?

The regulations come into force on 6 April 2027.

• From that date, relevant information must be submitted to the Land Registry via the required digital service within 60 calendar days of the grant, variation, expiry or assignment of the registrable right
• The required digital service to register these agreements will also launch on 6 April 2027

Transitional provisions will apply:

• agreements entered into between the date the Regulations are made (expected early 2026) and 6 April 2027 must be reported by 6 October 2027.

5 – Preparing for change

The transition into the new regime will require careful planning.

An early audit of land portfolios will be essential to identify which arrangements may become reportable.

Developers should begin preparing now by:

• auditing existing agreements
• implementing tracking and reporting systems
• updating transaction processes
• training teams on the new requirements.

6 – Increased compliance burden

The regime introduces a strict reporting deadlines tied to multiple trigger events including:

• grant of rights
• assignments or transfers
• variations
• exercise or termination

This creates an ongoing administrative obligation for developers and will require robust internal systems to track and manage reporting deadlines.

7 – Potential commercial impacts of greater transparency – less secrecy

Historically, contractual control arrangements have operated largely out of public view. These rights often underpin long-term development pipelines but are not currently recorded in an easily accessible or transparent way. The new regime will change this. As developers will now be required to disclose detailed information about these arrangements to HM Land Registry, with much of that data becoming publicly accessible from 2028. As a result, the “hidden pipeline” of strategic land will become significantly more visible to competitors, local authorities, and the wider market.

Greater transparency will naturally change competitive dynamics. Developers may find it easier to identify rival land strategies, while their own positions become more visible. This could influence negotiations, site assembly, and overall market behaviour.

8 – Legal and structuring considerations

Although financial terms are not disclosed, core details of control arrangements are. Developers may begin to rethink how agreements are structured in light of the new rules.

However, non-compliance and attempts to avoid disclosure are likely to carry legal and reputational risk.

9 – Enforcement and legal risk

The regime is backed by meaningful enforcement mechanisms.

Failure to comply, or the submission of inaccurate information can constitute a criminal offence. In addition, HM Land Registry may refuse to enter or maintain title protections for non-compliant interests.

This creates a dual risk:

• regulatory and criminal exposure; and
• potential weakening of land control positions if protections are not properly maintained.

Developers will therefore need to treat compliance as a core legal function rather than a peripheral administrative task.

10 – A cultural shift in the land market

Beyond the technical requirements, the regulations signal a broader policy direction and increased scrutiny of land ownership and control in the UK development sector.

For developers, this means operating in a more transparent environment where:

• land strategies are more visible
• stakeholder scrutiny is higher
• information flows more freely across the market.

While this may introduce new challenges, it could also bring benefits, including:

• improved market efficiency
• greater trust in land dealings
• more informed planning discussions.

Conclusion

The regime does not alter land rights but it significantly increases their visibility. Developers will need to adapt to a more transparent and regulated environment, where control of land is no longer hidden.

In a sector where information has long been a key advantage, the balance is about to shift.

At Thomson Snell & Passmore we have a strong and established land and development team. If you have any questions on the above please do not hesitate to get in touch.