The new code came into force in December 2017 but the first case dealing with the code has only recently come before the Courts (Upper Tribunal of the Lands Chamber).

Although the one sided nature of the Code has been much reported on (in favour of the operator) many people will be surprised to learn that an operator can now demand access to anyone’s property to assess whether or not it would be suitable to install equipment. This is the case whether or not the land owner has ever had any prior dealings with the operator. The operator need only have a “good arguable case”.

Although there is very little a land owner can do if an operator wishes to impose a Telecoms Agreement we can expect operators to use this new wide power to increase the number of sites upon which masts and equipment are to be located. We do have experience in dealing with the Code and all agreements associated with it so please give one of our experts a call if you are approached by an operator.

Tom Bowes

Solicitor Director