The Electronic Communications Code: A Guide for Site Providers

The UK’s digital landscape is transforming at pace.  From 5G rollout to gigabit broadband expansion, the government’s ambition to deliver nationwide coverage by 2030 has made access to land more contested than ever.  For landowners and occupiers, this presents both opportunity and challenge.

The Electronic Communications Code (the “Code”), introduced by the Digital Economy Act 2017 and strengthened by the Product Security and Telecommunications Infrastructure Act 2022, grants telecoms operators wide-ranging powers to access land, install apparatus, and upgrade and share equipment.  These reforms have fundamentally shifted the balance of power, often to the detriment of site providers who now face reduced compensation, limited grounds for refusal, and complex legal procedures when managing telecoms infrastructure on their property. 

We have prepared a series of short reads to address the issues that matter most to site providers navigating the telecoms landscape.  This series brings together insights from across Burges Salmon’s Real Estate Electronic Communications Code team.  Drawing on our extensive experience advising landowners, occupiers, estates, public and private sector bodies, developers and institutional investors, we explore the legal, commercial and practical considerations that arise when telecoms infrastructure meets property rights. 

We will cover:

1. The Telecoms Code: What Every Site Provider Must Know
2. Valuation Battles: Rent vs Consideration in Telecoms Agreements
3. Site Access and Security: Balancing Operator Rights with Site Provider Control
4. Termination and Removal: How to Regain Control of Your Land
5. Rural Connectivity vs Property Rights: Finding the Middle Ground
6. Rooftop Installations: Urban Site Providers’ Hidden Liabilities
7. The Role of Surveyors and Legal Advisors in Telecoms Negotiations
8. Digital Infrastructure and ESG: A Site Provider's Ethical Dilemma
9. Private Estates and Telecoms: Preserving Heritage While Embracing Connectivity
10. Dispute Resolution: Mediation, Arbitration, and the Tribunal Route
11. Future-Proofing Land Agreements for 5G and Beyond
12. Policy Influence: How Site Providers Can Shape the Telecoms Landscape

Each piece in this series is designed to be read independently, allowing you to focus on the topics most relevant to your circumstances.  Taken together, they provide a comprehensive guide to the legal, commercial and strategic considerations that site providers should understand when engaging with telecoms operators.

Whether you are a rural landowner approached about a mast site, an urban freeholder managing rooftop installations, or an institutional investor with telecoms infrastructure across a portfolio, we hope this series will help you navigate the complexities of the Code with confidence.

Get in Touch

If you have questions about any of the topics covered in this series or would like support in reviewing or negotiating a telecoms agreement, understanding your rights under the Code, or preparing for a dispute, our team is here to help.  Contact Caroline Hickey on [email protected] (0117 902 7731),  Rob Bailey on [email protected] (0117 902 7259) or Perry Swanson on [email protected] (0117 307 6664).

written by Joshua Watson