The Government, under the Levelling‑Up and Regeneration Act 2023, has powers to require registration of certain contractual controls. Updated draft regulations, issued on 9 March 2026, supersede those from January 2024 and are accompanied by revised guidance.
For commercial lenders, these proposals enhance transparency and introduce fresh diligence risks.
What are they?
Contractual controls are agreements enabling a developer or promoter to influence the development or disposal of land without owning it.
Typical examples include
- Options
- Conditional contracts
- Pre-emption rights
- Certain promotion agreements.
These arrangements are widely used to secure future interests in land or manage development opportunities.
