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The New Code

Trying to make sense of the new Electronic Communications Code?
Since 2017, the new Code has reshaped the relationship between landowners and operators, and not always in the landowner’s favour. We stay close to the legislation and case law, so you get advice that reflects where things genuinely stand.

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Understanding the new Electronic Communications Code

The new Electronic Communications Code came into force in December 2017, and it brought a wave of enquiries from clients wanting to know what had changed. Landowners had worked with the previous Code for more than 30 years, flaws and all, so the shift caught many by surprise.

The new Code governs an operator’s right to access land and remain on a property. We provided evidence to the Law Commission before the Code’s introduction. The Government, however, went against the Commission’s advice on valuation. That change, away from the old Code’s market-based approach, sits at the root of many problems operators now face when trying to engage meaningfully with landowners. In one case we handled, an agreed rent of £7,000pa for a greenfield site under the old Code fell to just £500pa once the new Code applied, a real illustration of how sharply the shift landed.

We were invited by the DCMS to take part in discussion groups and working parties alongside other stakeholders. Drawing on our team’s direct experience with landowners, we contributed practical input on template Code agreements, a revised OFCOM code of conduct, and bulk wayleave agreements.

We keep current, active knowledge of the legislation and case law underpinning the new Code. This means our advice reflects a genuinely fast-moving market. Recent Lands Tribunal decisions have improved the site provider’s position somewhat, with payment terms gradually increasing. However, there is still some way to go before landowners see a genuinely equitable outcome.

KEY CONTACTS

Tom Bodley Scott
MRICS FAAV
Tunbridge Wells

01892 509280

Email Tom

Andrew Mallard
MRICS
Tunbridge Wells

01892 577439

Email Andrew

Robert Hepworth
MRICS
Tunbridge Wells

01892 502842
Email Rob

Common questions about the new Electronic Communications Code

The new Code, introduced in 2017, changed how operators access and remain on land, and significantly altered how rent is valued. It moved away from the old Code’s market-based valuation towards an approach that generally favours operators, often reducing what landowners can expect to receive.

The Government introduced a different valuation regime to the one the Law Commission originally recommended, and this change sits at the root of much of the tension between operators and landowners today. In one case we handled, a £7,000pa agreed rent under the old Code fell to just £500pa once the new Code applied.

It’s a fast-moving area. Recent Lands Tribunal decisions have gradually improved the site provider’s position, with payment terms increasing over time, though there’s still some way to go before outcomes feel genuinely equitable for landowners.

Yes. We provided evidence to the Law Commission before the Code’s introduction, and were later invited by the DCMS to take part in discussion groups and working parties covering template agreements, the OFCOM code of conduct, and bulk wayleave agreements.

Broadly yes, but how it applies varies by agreement type, some older agreements still sit under different rules, and the specifics can significantly affect the outcome of a rent review, renewal or new negotiation. It’s worth getting your specific agreement checked rather than assuming.