Have you been impacted by the Electronic Communications Code?

12 months later and the market for sites which used to exist has virtually disappeared. Operators are interpreting the Code on the basis of minimal rents, and landowners are often not prepared to offer sites on this basis. It is clear that a stalemate now exists. 

A recent tribunal case ruled in favour of a telecoms company. The owner had refused the operator access to carry out a survey because they didn’t want any electronic communications equipment on their property. 

We’re advising clients to think carefully about denying requests from telecoms companies for preliminary surveys. Agreeing access for surveys on a consensual basis seems likely to lead to a more informed footing for any subsequent negotiations, whilst also averting a tribunal case and any associated costs.  

Although the Government’s commitment to rolling out 5G by 2027 means more masts and equipment will be needed, it’s important that land and property owners do not feel pressured into agreeing reduced payments without first seeking professional advice.   

If you need support in dealing with a request or renewal from a telecoms operator, please get in touch. We have experts to help you.

James Shepherd is an Associate at Knight Frank within the Rural Consultancy Department. James provides management and consultancy advice to landowners and investors in East Anglia and the Home Counties. James has an in-depth knowledge of land ownership on the ‘urban fringe’ and continues to actively advise landowners of strategic land.

For advice, please speak to our land management experts: