Contractual Control Rights Regulations 2026: Registration requirements for landowners, developers and investors
The Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (the “Regulations”) come into force in England and Wales on 6 April 2027 as the government aims to improve transparency in the real estate market. However, the Regulations will have a retrospective effect and consideration needs to be given now as to whether any contractual control rights (“CCRs”) existing before 6 April 2027 will be caught.
In this briefing note we summarise the key requirements of CCRs and the requirements for registration pursuant to the Regulations.
What are CCRs?
Section 221 of the Levelling Up and Regeneration Act 2023 states that CCRs are a type of right which:
- Arise under a contract;
- Relate to the development, use or disposal of land in England and Wales; and
- Are held for the purposes of a business, a charity or similar endeavour, or the exercise of function of a public nature.
The Regulations apply to any written CCR (whether as a standalone agreement or embedded within a wider contract) and comprise a relevant disposition of a qualifying estate.
Qualifying estate
A freehold estate or leasehold estate with more than 15 years remaining at the date of grant of the CCR.
Relevant disposition
A transfer of a qualifying estate (in whole or part) or the grant of a lease for 15 years or more out of a qualifying estate.
Given the definition of qualifying estate, we know that any CCRs relating to only unregistered land are not subject to the Regulations.
What type of CCR is subject to the Regulations?
To be caught by the Regulations, the CCR must have a total control period of 18 months or more from the date of creation to the latest date that the CCR may be exercised, including any potential period of extension which may be available under the CCR agreement.
Regulation 3(2) lists examples of CCRs (“Regulation 3(2) examples”) and are intended to capture the majority of dealings between the registered proprietor of land and any unknown third parties which will have control over the land without actually owning it.
Regulation 3(2) examples:
- An option binding the proprietor of a qualifying estate (the “grantor”) to a relevant disposition;
- A conditional contract to require a grantor to enter into a relevant disposition following the satisfaction of contractual conditions;
- A right of pre-emption in respect of a relevant disposition of a qualifying estate;
- A directional right granted by a proprietor of a qualifying estate permitting the grantee to direct or request (whether contractually or at the grantee’s discretion) that that proprietor enters into a relevant disposition to a person who is not a party to the contract e.g. promotion agreements allowing promoters to require a transfer of property to a third party purchaser.
Schedule 3 of the Regulations contains several exemptions from the Regulations (“Schedule 3 exemptions”). However, there are a number of situations which remain unclear as to whether the Regulations will apply or not. For example pre-completion deliverables in a sale contract may constitute a ‘conditional contract’ for a relevant disposition of a qualifying estate and therefore be caught by the Regulations. Best practice will be to record all potential CCRs from 8 June 2026 and prepare to apply for registration of those CCRs from 6 April 2027 unless there has been further clarification to the Regulations.
Schedule 3 exemptions
- Rights within contracts relating to national security or defence;
- Rights within contracts for future development creating less than 100 square meters of floorspace (although development for the creation of one or more dwellings are always subject to the Regulations);
- Rights within contracts in connection with infrastructure amenities or services such as Section 106 agreements; and
- Rights in connection with loan security or a legal charge.
Registration of a relevant CCR
CCRs granted on or between 8 June 2026 and 5 April 2027 must be registered before 6 October 2027.
CCRs existing before 8 June 2026 are not currently subject to the Regulations, however we expect that variations and assignments of pre-existing CCRs will be added to the Regulations in the future and become registrable. Again, best practice will be to record all CCR dealings from 8 June 2026 in readiness for the Regulations coming into force.
CCRs granted, varied or assigned on or after 6 April 2027 must be registered within 60 days of the date of the CCR agreement. The register must also be updated within 60 days of a right being exercised, expiring or otherwise terminated.
The register must also be updated within 60 days of a right being exercised, expiring or otherwise terminated.
Who needs to register the CCR? What information is required?
The grantee’s conveyancer must submit the CCR information using a new digitised service available by HM Land Registry from 6 April 2027. The format of the CCR information to be provided is currently unknown but crucially no copy of the CCR agreement needs to be disclosed.
The Land Registry will make a dataset comprising the CCR information available for public access as soon as possible after 6 April 2028.
CCR information includes
- Full names of the grantor and grantee with company numbers or in respect of individuals, the date and place of birth (Note: the date and place of birth will not be published by Land Registry).
- The type of CCR granted (e.g. option agreement, conditional contract, pre-emption, directional right).
- The date, parties and title of the CCR contract.
- The date from which the CCR can be exercised (with details of any contingent conditions before exercise is permissible), the expiry of the initial CCR period and details of any rights to extend or terminate the CCR.
- The address and title number of the qualifying estate together with a sufficient description or plan for any part of a title.
- Whether the CCR extends below the surface of the land or to the airspace above.
Sanctions for non-compliance
Any failure by a grantee to comply with the Regulations, or any grantee or regulated conveyancer knowingly or recklessly providing false or misleading information, will constitute an offence punishable by a fine and/or imprisonment. The Land Registry will also not register a notice or restriction relating to the CCR on the property register until the Regulations have been satisfied.
Looking ahead
We are hoping for more guidance around the Schedule 3 exemptions, as well as clarification from HM Land Registry as to how the register will look and operate. Once we have more information we will provide a further update. In the meantime, if you would have any questions about the CCR please do get in touch.
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