Telecoms operators on your land: What landowners need to know

Why are operators approaching landowners more often?

Operators are expanding their networks, upgrading equipment, and attempting to improve coverage. This often means:

• new masts
• upgrades to existing installations
• requests for additional rights
• requests for access to survey land
• renewal of older agreements

All of these will trigger Code considerations, and each requires careful handling from the outset.

Understanding the electronic communications code

The Code gives operators powerful rights to install, maintain, and upgrade equipment. Importantly:

• Operators can apply to the Tribunal to impose rights if an agreement cannot be reached.
• Rents under the Code are assessed on a “no‑network” basis, which often results in lower payments than historic telecoms rents.
• Once rights are granted or imposed, removing equipment, leasing or redeveloping the land becomes significantly more complex and limited.

This doesn’t mean landowners lack complete control — but it does mean negotiations must be approached strategically, so it is important to take the appropriate advice.

Key issues to consider before negotiating

1. The impact on your land

Operators may seek wide rights that affect access, future development, or other commercial uses. Landowners should understand:

• where equipment will be located
• how access will be exercised
• whether rights could interfere with redevelopment/leasing plans
• the long‑term implications of granting Code rights

A clear plan for the land’s future use will help a landowner guide the negotiation.

2. The scope of rights being requested

Operators often propose broad rights covering:

• installation and maintenance
• upgrading and sharing equipment with other operators
• unrestricted access
• rights over additional land

These should be reviewed carefully. Narrowing or clarifying the scope can prevent disputes later.

3. Valuation and financial terms

Under the Code, valuation is based on the underlying land use, not the value of the telecoms network. Landowners should ensure:

• the valuation reflects the true impact on the land
• compensation for disturbance or loss is considered
• payments for additional rights (e.g., power, access, cabling) are addressed

Surveyors play a crucial role here, but legal input ensures the valuation aligns with the rights granted.

4. Access requests and surveys

Operators often begin by requesting access to survey the land. Even at this early stage, obligations can arise. Landowners should:

• avoid granting informal access
• ensure any access is documented
• understand that survey access can be a precursor to a formal Code request
• seek advice on whether an operator’s ‘right’ to survey can be challenged (it often can be)

A controlled approach from the start protects your position and can save you time and costs in the long term.

5. Redevelopment and termination rights

Once Code rights are granted, removing equipment is not straightforward. Landowners should:

• preserve its own redevelopment rights in the agreement
• understand the statutory termination process
• plan ahead if there are known future works which may require relocation of equipment or termination of the agreement

Failing to address this early can cause problems later.

Why early legal advice matters

Telecoms negotiations are not like standard commercial leases. The Code creates a unique legal framework, and early advice helps landowners:

• avoid unintentionally granting Code rights
• negotiate narrower, more controlled agreements
• protect long‑term land value
• manage operator expectations
• reduce the risk of disputes or Tribunal proceedings

A solicitor experienced in telecoms work can work alongside surveyors to ensure both valuation and legal strategy align.

Final Thoughts

Telecoms operators bring essential infrastructure, but their statutory rights mean landowners must approach negotiations with care. Understanding the Code, controlling access, and setting clear boundaries from the outset are essential steps to protecting your land and your long‑term interests.

If you would like help reviewing an operator’s proposal, responding to an access request, or negotiating a new agreement, please contact us to discuss how we can support you.