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ARTICLE · 02 MARCH 2015

Cracking The Code: Key Points For Landowners

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Agreeing to the installation of telecoms apparatus on otherwise vacant land may often be financially attractive but it is a legally complex, and potentially perilous, enterprise for landowners.

United KingdomReal Estate and Construction
Paul Brecknell
Paul Brecknell
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Agreeing to the installation of telecoms apparatus on otherwise vacant land may often be financially attractive but it is a legally complex, and potentially perilous, enterprise for landowners. Few realise the full extent of the statutory protection afforded to operators under the Electronic Communications Code. Following the introduction, and then withdrawal, of what appeared to be a simpler and more user-friendly code we examine how landowners can, for the time being, navigate 'one of the least coherent' pieces of legislation to reach an agreement that meets the operator's and their own objectives.

Know your operator

The code grants statutory rights ('code rights') to 'operators' of electronic communications apparatus. An operator includes any communications operator who has obtained a direction from Ofcom that the code applies to them. It goes without saying that all landowners should consult this list before entering negotiations. As new independent operators

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