Options, promotions, pre-emptions: Why your land deals must now be reported

Developers, landowners, land promoters and investors in England and Wales need to be aware that a new mandatory reporting regime for land contracts is upon us. From April 2027, anyone who, in the course of their business, takes what it calls “contractual control rights” over registered land in England and Wales – including an option, conditional contract, pre-emption right or rights under a promotion agreement – will be required to report it to HM Land Registry.

When does the new regime come into effect?

The regulations - the Provision of Information (Contractual Control) (Registered Land) Regulations 2026 (SI 2026/615) - were made on 8 June 2026 and come into force on 6 April 2027. From that date, contractual control rights over registered land in England and Wales must be reported to HMLR.

Rights granted on or after 8 June 2026 but before 6 April 2027 must be reported to HMLR by 6 October 2027.

What needs to be reported under the new regime?

The regulations target four categories of contractual control right: options; conditional contracts; pre-emption rights; and rights (common under promotion agreements) to direct or request that a landowner makes a disposition to a third party. In the case of leasehold land, the regime applies only where the lease has more than 15 years remaining at the time the right is granted.

Once a reportable event occurs - a grant of a contractual control agreement, an assignment or a written variation - the holder of the right must submit “contractual control information” to HMLR within 60 days: the names of the parties (including, for individuals, date and place of birth); the type of right; the affected title number and land; the date and description of the contract; the initial period of control and any extension or termination provisions; and whether the land includes sub-surface or airspace interests.

The holder of the right must also report when it determines, expires or is exercised.

In general, submissions must be made digitally through a conveyancer.

Why is the new obligation being brought in?

The government says the regime is part of its wider commitment to increasing transparency in the land market. Its position is that many land transactions are structured through private contracts that do not transfer ownership but give a developer or promoter effective control over future development or disposal. These arrangements are currently invisible to the public, local planning authorities and other market participants. The government says the intention is, by requiring this information to be reported to HMLR and, from April 2028, be published, to support more efficient and fairer land market operation and to enable local authorities and communities to understand who controls land in their area.

What is the effect of non-compliance?

Failing to comply with the regulations, or knowingly or recklessly providing false or misleading information, constitutes a criminal offence, and may lead to prosecution. In addition, HMLR may refuse to register a notice or restriction linked to an unreported contractual control right on the landowner’s registers of title. Since such a notice or restriction is the primary means of protecting an option or pre-emption right against subsequent purchasers, non-compliance could leave the right-holder's interest vulnerable on a sale of the land. How HMLR link the new regime with the existing system of entering notices on registered titles (which will continue unamended) remains to be seen when the new regime is in force.

Are there exemptions?

Yes. These include rights with a total period of control under 18 months; rights securing loans, mortgages or overage obligations; rights in section 106 agreements where they relate exclusively to infrastructure, amenities or services; contracts made for national security or defence; and rights that are held for non-development purposes. The regime also only applies to registered land; according to HMLR’s own figures, title to around 10% of the area of England and Wales is still unregistered so falls outside the scheme.

What happens to the information?

HMLR will retain all reported information in a dedicated contractual control database. From April 2028, it must begin publishing that data in a standardised and downloadable format, with updates on at least a monthly basis. Individual parties’ dates and places of birth will not be published.