Telecommunications

We act exclusively for landlords and landowners (site providers) whose property interests are affected by the installation of telecommunications equipment.

Telecommunications operators and wireless infrastructure providers play a central role in meeting the UK’s demand for connectivity. These businesses need access to land and buildings to enhance and maintain those networks, through the installation of apparatus and passive infrastructure (such as masts). This equipment is usually installed pursuant to agreements entered into with site providers.

What is the new Electronic Communications Code?

The new Electronic Communications Code became law in December 2017, and radically altered the landscape in which these dealings take place. The concept of “code rights” was introduced and the terms being offered to landowners, in many cases, became less attractive, leading to an increase in disputes and litigation.

The “New Code”, as it is known, brought with it a new dispute resolution process, through which the First Tier Tribunal and Upper Tribunal (Lands Chamber) can be asked to impose an agreement against a landowner’s wishes. The Tribunal is also the forum for determining many other disputes under the New Code, including removal of apparatus and disputed terms.

Site providers often discover that the existence of telecommunications equipment on their land, or buildings, can cause major difficulties in their dealings with the land, at too late a stage. At worst, these difficulties can lead to redevelopment plans and land transactions being significantly delayed, often at great cost. Removal of equipment can be a lengthy process, and the associated time and costs need to be understood at the outset of any sale or redevelopment plans.

Whether you have been approached regarding the installation of equipment for the first time, or wish to remove equipment which has been installed for many years, Hägen Wolf’s specialist team can help you achieve your objectives.

What we do

We act for a number of clients in this area, from private individuals through to multi-national companies, and landed estates.

Our areas of expertise include: 

• Termination of site agreements and removal of equipment from land

• Securing optimal terms for new and renewed telecommunications agreements by working alongside telecommunications professionals

• Resisting the installation of equipment on new sites

• Advice on all aspects of telecommunications law in a property context and helping landowners manage risk
posed by telecommunications equipment across their estate

• Development work; ensuring redevelopment plans can proceed with minimal delay caused by existing or future installation of equipment

• Providing pre-acquisition advice to purchasers of land encumbered with telecommunications equipment

Our Experience

Our team has extensive experience of acting for site providers in the Tribunals and Courts, under the Old and New Code. We work collaboratively with experts in this specialised field, to reach the earliest and most pragmatic resolutions for our clients.

We recognise that each client’s objectives are different; our advice is tailored to help you meet those objectives.