The days of quiet option or promotion agreements are ending.
Under the Levelling‑up and Regeneration Act 2023, certain land control agreements will soon need to be registered, with much of the information becoming publicly available. From April 2027, long‑standing private arrangements move into a far more transparent system.
Why This Matters Now
Although the regime formally starts on 6 April 2027, it will apply retrospectively to existing agreements once regulations are made (expected in 2026). Agreements being negotiated today may still need to be registered.
If you acquire, promote, or control land for development, this is already relevant.
Which Agreements Must be Registered?
The focus is on arrangements that give a third-party influence over the future disposal of land for development, including:
- Option agreements
- Conditional contracts
- Pre‑emption rights
- Promotion agreements
In broad terms, an agreement is caught if it:
- Relates to registered land
- Lasts more than 18 months, and
- Allows a party to influence whether, when, or how the land is developed or disposed of
What is Excluded?
The regime is targeted, not universal. Exclusions include:
- Short leases
- Financing arrangements
- Certain planning obligations
- Agreements unrelated to future development
Registration Process and Deadlines
Registration will be made at HM Land Registry by the conveyancer acting for the party acquiring the rights.
Key deadlines:
- 60 days from exchange for new agreements
- 6 October 2027 for agreements entered into during the transitional period
This is not something that can safely be fixed later. Registration needs to be built into deal processes from the outset.
What Information Becomes Public?
Registrations must include:
- The parties
- Key dates
- The nature of the agreement
- The land affected
From April 2028, monthly datasets will be published, revealing who controls land and where. While personal data is limited, commercial visibility will increase significantly.
The Commercial Impact
Greater transparency may encourage earlier engagement with planning authorities and communities. But it also reduces commercial confidentiality:
- Competitors may identify emerging opportunities earlier
- Neighbouring landowners may negotiate from a stronger position
- Smaller developers may reconsider early‑stage investment knowing deals will be visible
Enforcement Risk
This is not just administrative:
- An agreement must be registered before it can be protected on title
- Failure to register, or providing false information, is a criminal offence
Registration becomes a critical step in the lifecycle of these agreements.
A Change in Mindset
The register does not prevent land deals – but it changes how they are done.
The immediate priority is to:
- Identify agreements that may be caught
- Ensure registration processes are in place
Longer term, it may prompt a rethink about when land is secured and how much value is placed on keeping those arrangements private.