If you are a landowner who is looking for legal advice on the Electronic Communications Code then our team is here to help. Call or email us for guidance.
The Electronic Communications Code (“the Code”) governs the relationship between telecoms operators and landowners.
The Code is a set of rights that are intended to facilitate the installation and maintenance of electronic communications networks in the UK.
The Code gives network providers and telecommunications operators with “code rights” the right to install and maintain apparatus on, under and over public and private land.
A list of ‘operators’, including BT, Vodaphone and O2, can be found on Ofcom’s website.
Operators are also entitled to inspect, maintain, and operate their apparatus, gain access to the land to carry out these operations, and to connect to a power supply.
In addition, the Code allows ‘permitted developments’ under Town and Country Planning legislation without the need to apply for planning permission.
Operators with Code rights should reach agreement with the owner or occupier of private land. However, where agreement cannot be reached, the Code allows an operator to apply to the Court to impose an agreement on the landowner or occupier.
Letting space to telecoms operators can be financially profitable for landowners, but there are drawbacks, particularly if the landowner wishes to have the apparatus removed at a later date.
Changes to the Code came into effect in 2023 following consultation by the government on three problem areas, namely:
- obtaining and using code agreements
- rights to upgrade and share
- renewal of expired agreements
The changes are intended to simplify and speed up the system and the resolution of disputes.
If you are a landowner who is looking for legal advice on the Electronic Communications Code then give us a call on 0333 888 0404 or email us at [email protected]