Contractual Controls Register – What Is It And Who Does It Affect?

Part of the levelling up agenda (within the Levelling Up and Regeneration Act 2023) provided for the government to set up a register to find out which companies were land-banking and controlling development in the hope that the increased transparency will help development companies and local authorities identify potential sites for development.

Since then the government has been consulting and proposing draft regulations and requirements on what that might involve.

Although the register won’t go live until 2027 a key date in the regulations has now occurred: any option, conditional contract or promotion agreement which is dated on or after 8^th June 2026 will have to be entered on the register.

The obligation is on the developer, not the landowner, to apply to register the contract, and the following information will be on the public register:

• the location and extent of land affected
• the identity of the grantee (the developer)
• the type and duration of the control right
• the date the right was granted or exercised

However a great deal more information must be provided to the Land Registry:

Personal details of the landowner – including date of birth and place of birth (for identity verification purposes)

date, parties and title or description of the underlying agreement: identifying when the agreement which granted the right was entered into and what it is called

date from which the right can be exercised: or, if that depends on specific conditions being met, a brief description of those conditions

initial period of control: the period from the start of the agreement to the point at which the right must be exercised or may expire, including any provisions to extend, terminate or renew it.

If there are variations or assignments of the agreement it is likely those changes will need to be registered.

Government guidance on the requirement is available:  Contractual control agreements – GOV.UK

Action points for developers:

Key date any options entered into after 8^th June 2026 for entry on to the register by October 2027;

Add a clause to your agreements to require the landowner to provide such information as you require in order to comply with the requirements to register

Action points for landowners:

Just bear in mind that you’ll appear on this public register

If you are a landowner or developer and want further advice on this please contact the commercial property or agricultural team at Wilson Browne Solicitors.