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News + Events

The Electronic Communications Code

Articles/News | March 5, 2019

In December 2017 a new Electronic Communications Code took effect under the Communications Act 2003 to make it easier for network operators to install and maintain apparatus such as phone masts, exchanges and cabinets on public and private land. But what is it and how does it affect landlords?

What is it?

  • The Code was introduced under the recent Digital Economy Act 2017.
  • The Code is designed to facilitate and assist providers with the installation and maintenance of electronic communications networks on public and private land.
  • It grants permitted development rights for network and infrastructure providers, simplifying planning procedures and land ownership issues.

How does it affect landlords?

  • If a property or land is ear marked as being a potential installation site, a network provider will have certain rights under the Code, in terms of accessing your land to install, maintain and operate the apparatus.
  • In the event that agreement cannot be reached with the owner or occupier of private land, the Code allows an operator to apply to the Court to impose an agreement.
  • An operator’s rights have been strengthened considerably by statute.

How can Malcolm Hollis help?

  • We can assist with facilitating negotiations between landlord and network providers regarding proposals, access, compensation etc. to ensure a smooth and seamless installation.
  • We can monitor installation works to ensure they are undertaken satisfactorily, documented and do not invalidate any existing material warranties.
  • We can also oversee any reinstatement works when masts / equipment is removed.
  • We can offer dispute resolution services in-house.

Download our one page guide here.

Should you have any queries or potential enquiries regarding the Code, please do not hesitate to contact the team.

Daniel Felgate, Associate

+44 20 7627 6068

daniel.felgate@malcolmhollis.com

Michael Brearley, Chartered Building Surveyor

+44 20 3823 5068

michael.brearley@malcolmhollis.com