The Electronic Communications Code (ECC) is set out in Schedule 3A to the Communications Act 2003, as inserted by the Digital Economy Act 2017. It came into force on 28 December 2017, replacing the 1984 Code. The ECC gives Ofcom-approved network operators — including BT Openreach, EE, O2, Vodafone, Three, and others — statutory rights to install, maintain, upgrade, share, and remove telecommunications apparatus on and in land and buildings. Where an operator wants to exercise code rights on a landlord's land, the parties can agree a 'code agreement' (a contractual right) or, failing agreement, the operator can apply to the First-tier Tribunal (Property Chamber) or the Upper Tribunal (Lands Chamber) to impose a code agreement. The Product Security and Telecommunications Infrastructure Act 2022 (PSTI 2022) made further significant changes to operator rights.
Code Rights — What Operators Can Require
Under ECC paragraph 3, code rights include: the right to install telecommunications apparatus; the right to keep installed apparatus on the land; the right to inspect, maintain, adjust, alter, move, or operate apparatus; the right to carry out works to install or access the apparatus; the right to connect to a power supply; and the right to share the apparatus with other operators. Code rights are granted by a 'code agreement' — either voluntarily agreed or imposed by a tribunal. Crucially, a landlord cannot unreasonably prevent a code operator from obtaining a site agreement. If negotiations fail, the operator can apply to the tribunal, which can impose terms it considers appropriate, including consideration, access conditions, and equipment specifications. A landlord who refuses all cooperation may find terms imposed on them by the tribunal.
- ECC paragraph 3: right to install, maintain, upgrade, move, share, and connect apparatus to power — all potentially exercisable on landlord's property
- Code agreement: voluntary agreement between operator and landowner — or, failing agreement, imposed by tribunal
- Tribunal powers: First-tier Tribunal (Property Chamber) can impose a code agreement on any terms it considers appropriate
- Sharing: operators can share apparatus with each other on a single site — landlord may find multiple operators using the same mast
- PSTI 2022: extended upgrade and sharing rights — operators can upgrade equipment without landlord consent in some circumstances
The ECC Valuation Basis — Why It Is Below Market Rent
The single most important (and commercially damaging) aspect of the ECC for landlords is the valuation basis for the consideration (rent) under a code agreement. Under ECC paragraph 24, the consideration is assessed on a 'no scheme' basis — the value of the land to the operator disregarding the fact that the operator has, or is seeking, code rights. This means the land is valued as if there were no telecoms market — effectively as agricultural land or the marginal increment above its existing use value. This produces very low consideration figures — often £500–£5,000 per annum for a rooftop mast site, compared to the pre-Code market rents of £10,000–£40,000+ per annum that some landlords previously enjoyed. The Supreme Court confirmed this approach in Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] UKSC 18 and Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd [2022] UKSC 18.
- ECC paragraph 24: 'no scheme' valuation — value of site to the operator excluding any telecoms market premium
- Effect: typical consideration reduced to £500–£5,000 pa for rooftop/rural mast sites — far below pre-Code market rents
- Cornerstone v Compton Beauchamp [2022] UKSC: Supreme Court confirmed the 'no scheme' basis is correct; market rent not payable
- Existing agreements: pre-Code agreements (at market rent) are subject to renewal under the ECC — renewal falls back to the ECC valuation basis
- Additional payment: operator may pay additional consideration for, e.g., exclusivity or specific access arrangements — negotiate carefully
Negotiating a Code Agreement — Key Terms
When approached by a telecom operator for a site agreement, a landlord should instruct a specialist telecoms surveyor and solicitor before engaging. Key heads of terms to negotiate: (1) consideration and annual uplifts (RPI or fixed percentage); (2) permitted apparatus specification — size, height, weight loadings, ancillary equipment; (3) access for installation and maintenance — with notice requirements (typically 5 working days for routine, 24 hours for emergency); (4) reinstatement obligations — restoration of the site to its pre-installation condition; (5) decommissioning — who pays if operator withdraws; (6) assignment/sharing restrictions — limit which other operators can share the site; (7) insurance and public liability obligations. Code agreements are typically granted for an initial term of 10 years. The operator has renewal rights under the ECC, making exit difficult for landlords once a site is established.
- Instruct specialist: telecoms surveyor (RICS-qualified, ECC experience) and solicitor — do not sign heads of terms unaided
- Apparatus specification: define exactly what equipment is permitted — size, weight, height, power supply, ancillary cabinets
- Access and notice: agree minimum notice periods for routine access (typically 5 working days); emergency access provisions
- Reinstatement: operator obliged to restore site on decommissioning — specify the standard in the agreement
- Sharing restrictions: a site designed for one operator may not cope structurally or aesthetically with sharing — negotiate limits
PSTI 2022 — Upgrade and Sharing Rights
The Product Security and Telecommunications Infrastructure Act 2022 made significant changes to ECC upgrade and sharing rights, effective from 2023. Key provisions: (a) upgraded upgrade rights — operators can upgrade existing apparatus to a single piece of apparatus of the same type, without the landowner's consent, if the upgrade has no material impact on the appearance of the apparatus and imposes no additional burden on the land; (b) expanded sharing — operators can share any installed apparatus (including masts) with another operator without the site provider's consent, provided the sharing imposes no greater burden; (c) new 'access agreement' provisions for code operators to access multi-dwelling buildings (MDUs) — telecoms operators now have a right to apply for access to connect MDUs to full-fibre networks even if the landlord refuses, with the courts able to impose access. For landlords of blocks of flats, an operator can apply for a court order requiring access to install fibre connections.
- Upgrade rights (PSTI 2022): operator can upgrade to equivalent apparatus without consent if no material visual change and no additional burden on land
- Sharing rights (PSTI 2022): operator can share installed mast with another operator without consent if no greater burden — check your agreement carefully
- Multi-dwelling access: operators have statutory rights to apply for court-imposed access to blocks of flats for full-fibre connections
- MDU landlord position: cannot simply refuse full-fibre installation in a block — court can impose access on the operator's terms
- Arbitration: disagreements about upgrade/sharing under PSTI 2022 can be referred to an independent adjudicator rather than court in some circumstances
Dispute Resolution and Ending a Code Agreement
Code agreements are notoriously difficult to terminate once established. An operator has renewal rights under ECC paragraph 33 when a site agreement expires — they can apply to the tribunal for a new agreement on code terms. A landlord can only oppose renewal on limited grounds: persistent significant breaches of the existing agreement; offering alternative apparatus — both high bars. A landlord who wants to redevelop land and remove telecoms apparatus must give at least 18 months' notice (ECC paragraph 31) and satisfy the tribunal that the proposed redevelopment genuinely requires removal. The operator is entitled to compensation for disturbance and the cost of relocating to an alternative site. Disputes about the terms of a code agreement, upgrade rights, or compensation are heard in the First-tier Tribunal (Property Chamber) in England and Wales, the Sheriff Court in Scotland, and the County Court in Northern Ireland.
- Renewal: operator can apply to tribunal for renewal of expired site agreement — landlord cannot simply refuse renewal
- Grounds to oppose: persistent significant breach; alternative suitable site — both difficult to establish in practice
- Redevelopment: landlord must give 18 months' notice and demonstrate genuine redevelopment requiring removal — and pay relocation compensation
- Dispute forum: First-tier Tribunal (Property Chamber) — England/Wales; Sheriff Court — Scotland; County Court — NI
- Specialist advice: specialist telecoms solicitors and surveyors essential — general property advisors rarely understand ECC nuances
Frequently asked questions
Can I refuse to allow a telecom operator to put a mast on my building?+
You can negotiate — but you cannot unreasonably refuse all access. If negotiations fail, the operator can apply to the First-tier Tribunal (Property Chamber), which can impose a code agreement on terms it considers appropriate. The tribunal will set the rent based on the 'no scheme' ECC valuation basis — typically far below market rent. It is better to negotiate and obtain the best available terms than to refuse and have terms imposed.
Why is the rent under an ECC site agreement so low?+
The Electronic Communications Code (paragraph 24) requires consideration to be assessed on a 'no scheme' basis — the value of the site to the operator disregarding any telecoms market premium. The Supreme Court confirmed this in Cornerstone v Compton Beauchamp [2022]. This typically produces £500–£5,000 per annum, far below the pre-Code market rents of £10,000–£40,000+ that some sites previously commanded.
Can a telecom operator access my block of flats to install full-fibre broadband?+
Yes — under the Product Security and Telecommunications Infrastructure Act 2022, telecoms operators have a right to apply for court-imposed access to multi-dwelling buildings (MDUs) to install full-fibre connections. A landlord cannot simply refuse. The operator applies to court, which can impose access terms. Landlords should engage with operators to agree reasonable access terms rather than risk having terms imposed.
Can an operator upgrade or share my mast without my consent?+
Under PSTI 2022, an operator can upgrade existing apparatus to an equivalent piece of apparatus without landlord consent if the upgrade has no material impact on appearance and imposes no additional burden on the land. Operators can also share installed apparatus without consent if sharing imposes no greater burden. Review your site agreement carefully to understand what additional controls you may have negotiated.
Does the Electronic Communications Code apply across the UK?+
Yes — Schedule 3A to the Communications Act 2003 (as amended by the Digital Economy Act 2017 and PSTI 2022) applies across England, Wales, Scotland, and Northern Ireland. Disputes are heard in different forums by jurisdiction: First-tier Tribunal (Property Chamber) in England and Wales, Sheriff Court in Scotland, and County Court in Northern Ireland.