New public register will expose developers’ private land deals

Revealing land option agreements will improve transparency and help smaller developers compete for sites, says Planning Minister Matthew Pennycook.

Developers in England and Wales could soon be required to disclose land option agreements and similar contracts, it has been revealed.

The move is part of Government plans to create a public register of land that has been earmarked for development.

Under the new proposals being developed by Planning Minister Matthew Pennycook (pictured), developers would have to report these deals to a public database linked to ownership records held by HM Land Registry.

Wasting time and money assessing potential sites that are already under contract to larger developers”.

Such agreements currently allow developers to secure rights over potential building sites ahead of any purchase, but are often not visible in existing public records.

Pennycook says it means SME developers are “wasting time and money assessing potential sites that are already under contract to larger developers”.

The register is also designed to shine a light on long-standing accusations of land banking, where developers secure control of large numbers of plots via contractual agreements rather than owning them outright and then fail to do anything with them.

Supporters of the proposed changes say the register could provide a far clearer picture of who controls development land, making it easier for smaller builders and landowners to identify sites that are genuinely available.

Critics argue, however, that requiring developers to disclose contractual agreements could add bureaucracy to land transactions and slow the pace of deal-making.

According to UK Estates, greater visibility of land option agreements could also affect how development land is priced and valued, with agents and valuers likely to factor these arrangements into due diligence rather than relying solely on title records.

Officials say the register will be introduced using powers within recent planning legislation, although nothing has yet been formally implemented.