Telecommunications and Phone Masts

With the ever-increasing demand for reliable phone coverage the apparatus necessary to support phone networks becomes more and more common. Yet telecommunications operators and their apparatus are special occupiers governed by complex legislation.

The new Electronic Communications Code came into force on 28 December 2017, governing all new installations of apparatus and containing transitionary provisions for existing telecoms agreements and tenancies. This Code gives telecoms operators statutory rights to install and operate their apparatus over, under or on land. It also removed restrictions on the addition of new equipment to existing apparatus and the sharing of masts between operators.

As operators exercise their new powers under the Code in ways never before seen and as they continue to explore and expand the scope of the Code in a series of recent tribunal cases, it is crucial for landowners to seek professional advice on the documentation of any telecoms apparatus to be sited on their land.

It is also essential, given the statutory notice procedures for securing the possession of land and the consequential timescales, that landowners and developers look closely at the rights of operators in occupation and build in the necessary timescales for securing vacant possession. This applies even where the agreement to permit telecoms apparatus on site has apparently ended.

IBB has a proven track record in providing expert advice and commercial solutions in telecoms matters to landlords, landowners and developers. We regularly advise landlords and landowners on documenting the installation of telecoms apparatus and the occupation of telecoms operators. We also regularly advise owners and developers on their strategy for removing apparatus and securing vacant possession for redevelopment.

To discuss your telecoms matter,  please contact a member of our team on 01895 207976 or 01895 207988. Alternatively you can send an email with your name, contact information and brief details as to the nature of your property dispute to propertydisputes@ibblaw.co.uk and one of our team will be able to help you.


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