Telecoms masts, cables and apparatus: the Electronic Communications Code explained
Please note that this guidance is intended to be used for general information purposes only, is not intended to be a definitive guide to the law and cannot be a substitute for independent advice. NFU members can obtain free initial legal and professional advice from NFU CallFirst on 0370 845 8458.
This business guide provides information relating to electronic telecommunication apparatus such as masts, telegraph poles, cabinets, broadband cables, ducts and antennae for mobile signals.
It also explains the rights that the operators of electronic telecommunication apparatus have in relation to your land.
On 28 December 2017 the law changed, as a new version of what is known as the Electronic Communications Code (“the Code”) was introduced which had the consequence of expanding on the rights that telecommunication operators have over land.
Therefore, when looking at a telecommunication operator’s rights, it is important to understand the provisions of the Code, and also to identify whether your agreement came into existence before or after 28 December 2017.
You should seek advice from a land agent and/or solicitor if you are approached by an operator with proposals relating to your land. In most circumstances the operator will agree to pay reasonable costs that you might incur in dealing with any such proposals up to an agreed limit. As such you are advised to secure confirmation on this point at the earliest opportunity and before any costs are incurred.