Telecommunications and Property

Electronic Communications Code for Landlords UK

Electronic Communications Code (Schedule 3A Communications Act 2003, Digital Economy Act 2017): code rights to install and maintain apparatus; 'no scheme' ECC valuation basis (Cornerstone v Compton Beauchamp [2022] UKSC); tribunal-imposed site agreements; negotiating heads of terms; PSTI 2022 upgrade and sharing rights; multi-dwelling access rights; dispute resolution (FTT Property Chamber).

11 min readUpdated 7 June 2026Last reviewed: 17 May 2026electronic-communications-codetelecomsmast-sitecode-rights

Code Rights — What Operators Can Require

ECC paragraph 3: right to install, maintain, upgrade, move, share apparatus; connect to power supply; carry out installation works. Code agreement agreed voluntarily or imposed by FTT Property Chamber. Landlord cannot unreasonably refuse — operator can apply to tribunal for imposed terms. Sharing: operators can share apparatus with each other on one site.

ECC Valuation — 'No Scheme' Basis

ECC paragraph 24: consideration assessed on 'no scheme' basis — value of site to operator disregarding the telecoms market. Supreme Court confirmed in Cornerstone v Compton Beauchamp [2022] UKSC 18 and Cornerstone v Ashloch [2022] UKSC 18. Typical result: £500–£5,000 pa for mast sites vs pre-Code market rents of £10,000–£40,000+ pa. Pre-Code agreements on renewal revert to ECC valuation.

Negotiating a Site Agreement

Instruct specialist telecoms surveyor (RICS) and solicitor before engaging operator. Key terms: consideration and annual uplifts (RPI/fixed %); apparatus specification (size, height, weight); access notice periods (5 days routine; 24 hours emergency); reinstatement obligations on decommissioning; sharing restrictions; insurance and public liability.

PSTI 2022 — Upgrade and Sharing Rights

PSTI 2022: operator can upgrade existing apparatus to equivalent piece without landowner consent if no material visual change and no additional burden. Operators can share installed apparatus without consent if no greater burden. Multi-dwelling building (MDU) access: operators have statutory right to apply to court for access to blocks of flats for full-fibre connections — landlord cannot simply refuse.

Disputes and Ending a Code Agreement

Renewal: operator can apply to tribunal for new agreement on ECC terms on expiry. Landlord can only oppose on limited grounds (persistent breach; alternative site). Redevelopment: 18 months' notice required; must satisfy tribunal that removal genuinely required; pay relocation compensation. Disputes: FTT Property Chamber (England/Wales); Sheriff Court (Scotland); County Court (NI).

Frequently asked questions

Can I refuse a telecom operator access to install a mast?+

You can negotiate, but cannot unreasonably refuse all access. If negotiations fail, the operator can apply to the First-tier Tribunal (Property Chamber), which can impose a site agreement on terms it considers appropriate — including the low ECC valuation basis. Engaging and negotiating achieves better terms than outright refusal.

Why is the rent under an ECC agreement so low?+

ECC paragraph 24 requires a 'no scheme' valuation — the value of the site disregarding any telecoms market premium. The Supreme Court confirmed this in Cornerstone v Compton Beauchamp [2022] UKSC 18, typically producing £500–£5,000 pa versus pre-Code market rents of £10,000–£40,000+.

Can an operator install broadband in my block of flats without my consent?+

Under PSTI 2022, operators can apply for a court-imposed access right to multi-dwelling buildings for full-fibre installation. A landlord cannot simply refuse — the court can impose access terms. Engaging with operators to agree terms proactively avoids having terms imposed.

Found a gap or disagree with something?

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