Last Updated: 14 October 2026 I Reading Time: 6 minutes I By Alex Mccrakan, Solicitor in the Commercial Team at GLP Solicitors
Summary
When a landowner is offered a telecommunications agreement, attention tends to settle on the location of the equipment, the annual rent and the length of the agreement. The rights that allow an operator to reach and maintain its equipment deserve just as much scrutiny.
This article explains why the access route shown on the plans matters, how a site visit can reveal practical difficulties, and what landowners may wish to consider on notice, emergency access, damage and reinstatement.
Quick answer
Landowners should review the access rights in a telecoms agreement as carefully as the rent and the location of the equipment. The access route on the plans can affect a much larger part of the property than the equipment itself. Check it against the title documentation, visit the site, and consider notice, emergency access, damage and reinstatement before the agreement is finalised.
In this article
- Understanding the operator’s access requirements
- Why the lease plans matter
- The value of visiting the site
- Notice requirements and emergency access
- Damage and reinstatement
- Early consideration is key
- How can we help?
- Frequently asked questions
Key takeaways
- Access rights can matter as much as the equipment location, the annual rent and the length of the agreement.
- Operators commonly seek rights of full and free access to their equipment at all times.
- The access route on the plans can affect a much larger part of the property than the area where the equipment is installed.
- Check the route against the title documentation and the property’s existing arrangements, particularly where land is shared or subject to third-party rights.
- A site visit can show practical difficulties that a plan does not.
- Consider whether routine access should require advance notice, and how emergency access should work.
- Agree who is responsible for damage, repair and reinstatement.
- Raising these points at the outset of negotiations is easier than dealing with them once access rights are being exercised.
When negotiating a telecommunications agreement, much of the initial attention is understandably focused on the proposed location of the equipment, the annual rent and the length of the agreement.
However, the rights granted to an operator to access and maintain its equipment can be equally important.
In my experience, access arrangements are one of the areas where practical concerns can arise, particularly where the proposed route crosses shared roads, commercial premises or areas used by other occupiers. These issues are often easier to address when they are identified at the outset of negotiations.
Understanding the operator’s access requirements
Telecommunications operators will commonly seek rights of full and free access to their equipment at all times.
This is understandable given the need to maintain and operate communications infrastructure, including attending to faults and carrying out emergency repairs. However, landowners may have legitimate concerns about how those rights will operate in practice. For example, the proposed access route may pass through a working commercial property, cross land shared with neighbouring occupiers or involve security arrangements which make unrestricted access difficult.
The objective should be to establish access arrangements which meet the operator’s operational requirements whilst taking account of the landowner’s use of the property.
Why the lease plans matter
One issue which can be overlooked during the early stages of negotiations is the proposed access route shown on the agreement plans.
Landowners will understandably concentrate on the area where the telecommunications equipment is to be installed. However, the access route can affect a much larger part of the property.
It is therefore important to establish whether the proposed route has been clearly identified and whether the landowner has the necessary rights to permit the operator to use it. Where access crosses shared land or areas subject to third-party rights, additional considerations may arise and a landowner should not assume that they can grant unrestricted access over land simply because it is used to reach their property.
The plans should always be reviewed alongside the relevant title documentation and the property’s existing arrangements.
The value of visiting the site
Whilst reviewing the plans and title documentation is essential, a site visit can provide a much clearer understanding of how the proposed access rights will operate.
A route which appears straightforward on a plan may create practical difficulties when considered against the day-to-day operation of the property. For example, the route may pass through areas used for deliveries, parking or other commercial activities.
Where possible, it can also be helpful for the operator to visit the site so that both parties understand any practical concerns before the agreement is finalised. This can make subsequent negotiations considerably more productive.
Notice requirements and emergency access
Another consideration is whether the agreement should distinguish between routine access and access required in an emergency. Whilst operators may seek access at all times, landowners should consider whether advance notice can reasonably be required for planned maintenance or other non-urgent attendance. Emergency access may require different arrangements, particularly where a delay could affect the operation of the network.
In practice, these matters can often be approached sensibly, with both parties recognising the importance of maintaining the telecommunications infrastructure. The appropriate arrangements will depend on the nature of the site, its security requirements and the rights being granted.
Damage and reinstatement
The practical consequences of access should also be considered.
Depending on the property, the exercise of access rights may involve vehicles, contractors or equipment passing over areas which are used for other purposes.
Landowners should consider whether the agreement adequately addresses responsibility for damage caused when exercising those rights, together with any appropriate repair and reinstatement obligations. Clearly drafted provisions can help reduce uncertainty if an issue subsequently arises.
Early consideration is key
In my experience, many of the practical concerns surrounding access rights can be addressed through sensible negotiations.
The operator requires reliable access to maintain its infrastructure, whilst the landowner wants to ensure that the property can continue to be used without unnecessary disruption. These interests are not necessarily incompatible.
However, identifying the potential issues before an agreement is completed is considerably preferable to discovering them once access rights are being exercised. For landowners, this means paying particular attention to the access route, the rights shown on the plans and how those rights will operate in practice.
How can we help?
At GLP Solicitors, our Commercial Team advises landowners on telecommunications agreements, including access rights, redevelopment provisions and the negotiation of new agreements and renewals.
If you have been approached by a telecommunications operator or are currently reviewing proposed Heads of Terms, please contact us to discuss your position.
This article is for general information only and does not constitute legal advice.
Frequently Asked Questions
Telecommunications operators commonly seek rights of full and free access to their equipment at all times. This allows them to maintain and operate communications infrastructure, including attending to faults and carrying out emergency repairs. Landowners may have legitimate concerns about how those rights will work in practice, for example where the route passes through a working commercial property or involves security arrangements. The aim is to meet the operator’s operational needs while taking account of how the landowner uses the property.
The plans show the proposed access route, which can affect a much larger part of the property than the area where the equipment is installed. It is important to check that the route has been clearly identified and that the landowner has the necessary rights to permit the operator to use it. The plans should be reviewed alongside the title documentation and the property’s existing arrangements, ideally at the outset of negotiations.
It depends on the land and the rights involved. Where access crosses shared land or areas subject to third-party rights, additional considerations may arise. A landowner should not assume they can grant unrestricted access over land simply because it is used to reach their property. The route should be checked against the title documentation and any rights held by other occupiers before the agreement is finalised.
Operators often seek access at all times, but landowners should consider whether advance notice can reasonably be required for planned maintenance or other non-urgent attendance. Emergency access may need different arrangements, particularly where a delay could affect the operation of the network. What is appropriate depends on the nature of the site, its security requirements and the rights being granted, so the agreement should deal with this expressly.
Access may involve vehicles, contractors or equipment passing over areas used for other purposes, so the agreement should say who is responsible for any damage caused. Landowners should consider whether it includes appropriate repair and reinstatement obligations. Clearly drafted provisions can help reduce uncertainty if an issue arises later. This matters most where the route crosses car parks, yards or delivery areas.
Agreements that give an operator rights to install and maintain apparatus on land are generally governed by the Electronic Communications Code, set out in Schedule 3A to the Communications Act 2003 and substantially reformed in December 2017. The Code affects the rights an operator can seek and how agreements are negotiated and renewed. How it applies depends on the particular agreement and site, so it is sensible to take advice on your own documents.
It is sensible to take advice as early as possible, ideally when you have been approached by an operator or are reviewing proposed Heads of Terms. Many practical concerns about access can be addressed through sensible negotiation, and identifying them before the agreement is completed is considerably preferable to discovering them once access rights are being exercised.