Complex software appliances can be deployed on hardware with limited available computational resources. This computational boundary puts an additional constraint on software applications. This can be an issue for real-time applications with a fixed time constraint such as low delay video encoding. In the context of High Efficiency Video Coding (HEVC), a limited number of publications have focused on controlling the complexity of an HEVC video encoder. In this paper, a technique is proposed to control complexity by deciding between 2N×2N merge mode and full encoding, at different Coding Unit (CU) depths. The technique is demonstrated in two encoders. The results demonstrate fast convergence to a given complexity threshold, and a limited loss in rate-distortion performance (on average 2.84% Bj⊘ntegaard delta rate for 40% complexity reduction).