By Lyndsey Parsons

Solicitor

Commercial Property

12 May 2026

Article Blog

In this digital age, there is a growing need for telecommunication operators to improve and upgrade their equipment to provide for better coverage.

The Communication Act 2003 (CA 2003) modernised the regulation of communications in the UK covering broadcasting, telecommunications and the internet.

The Electronic Communication Code (Code) was inserted into the CA 2003 as Schedule 3A by the Digital Economy Act 2017 (DEA 2017).

Code Rights

The Code gives the operators rights to install and maintain apparatus on, under and over land.

The Code allows an operator to:

(a) to install electronic communications apparatus (which is defined under the Code) on, under or over the land;

(b) to keep the apparatus installed;

(c) to inspect, maintain, adjust, alter, repair, upgrade or operate the apparatus;

(d) to share with the use of the electronic communications installed with another operator;

(e) to carry out any works on the land, or elsewhere for or in connection with the installation of the apparatus;

(f) to carry out any works on the land, or elsewhere for or in connection with the maintenance, adjustment, alteration, repair, upgrading or operation the apparatus which is installed on the land or elsewhere;

(g) to carry out any works on the land for the purposes of, or in connection with, sharing with another operator the use of the apparatus;

(h) to enter the land to inspect, maintain, adjust, alter, repair, upgrade or operate any electronic communications apparatus which is on, under or over the land or elsewhere;

(i) to enter the land for the purposes of, or in connection with, sharing with another operator the use of the apparatus which the operator keeps installed on the land or elsewhere;

(j) to connect to a power supply;

(k) to interfere with or obstruct a means of access to or from the land (whether or not any apparatus is on, under or over the land); or

(l) to, or permit to, lop or cut back, or require another person to lop or cut back, any tree or other vegetation that interferes or will or may interfere with the apparatus.

Landowners

If you have received a request from an operator to install telecommunication apparatus on your land or property, you can refuse.  If you do the operator can apply to court to have the code rights imposed. 

In deciding whether or not to impose the code rights on a landowner, the court will look at the public interest in terms of requirement for mobile coverage and whether this outweighs any inconvenience or impact on use of the land to a landowner.

If Code rights are imposed, consideration for the grant of Code rights and compensation in relation to payments for loss or damage can be claimed by the landowner

Once the apparatus is on the land, a landowner can serve 18 months’ notice on the operator to terminate the agreement however they must show specific grounds for the removal, for example the landowner seeks to redevelop the land. 

An operator can service a counter notice to continue the agreement and if the parties cannot agree then the operator can apply to court for an order.

It is very important to seek professional advice and assistance if you have been served a notice by an operator requesting an agreement or if you currently have an agreement which is ending, or the operator has served a notice for a new agreement.

Disclaimer: General Information Provided Only

Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.