Disclosure requirements now apply to new contractual control agreements

The Regulations will come into force on 6 April 2027. However, the disclosure obligations will apply to agreements entered into on or after 8 June 2026. 

This means that any contractual control right granted between 8 June 2026 and 6 April 2027 must be disclosed by 6 October 2027. Disclosure will be via an HM Land Registry data collection system, which is expected to launch in April 2027. Submissions must be made by a regulated conveyancer.

A contractual control right is a right that gives a person control over the future disposal or development of land without transferring ownership of that land. Examples include options, conditional contracts, rights of pre-emption and promotion agreements. The new disclosure obligation rests with the grantee, that is the beneficiary of the right, not the person granting it.  Failure to comply with the disclosure requirements is a criminal offence. My colleague, Hannah Mercer, examines the new requirements in more detail in this earlier post.

From 8 June 2026, those who take the benefit of contractual controls on land, including developers, investors, promoters and housebuilders, will need to consider:

• Whether an agreement is subject to the disclosure requirements
• How to maintain a central record of such agreements, so that the disclosure deadline is not overlooked
• Whether the solicitor who advised on the relevant agreement will deal with the disclosure as part of the original retainer
• Whether all required information has been gathered before exchange in order to meet the future disclosure obligation
• What contractual provisions should be included to help ensure compliance with the new law

Now that the Regulations have been made, it is important that these questions are answered. Our Real Estate team can help you assess whether the new regime applies and put in place processes to ensure compliance.