Last Updated: 19 October 2026 I Reading Time: 6 minutes
Summary
The Electronic Communications Code is the legal framework governing how telecommunications operators obtain rights to install and maintain equipment on private land. It affects landowners, landlords, property owners and businesses whose buildings or land may be suitable for mobile phone masts and other telecommunications infrastructure.
If a telecoms operator approaches you about installing a mast, renewing an existing agreement or upgrading equipment on your property, it is important to understand your rights and obligations before agreeing to any terms. The Code can influence how agreements are negotiated, how payments are assessed and when an operator may seek rights through a tribunal.
Taking independent legal advice can help you understand the long-term implications of a proposed agreement and negotiate terms that take account of your property’s use, access arrangements and future plans.
Quick answer
The Electronic Communications Code is a legal framework set out in Schedule 3A of the Communications Act 2003. It gives qualifying telecommunications operators certain rights to install, keep and maintain electronic communications equipment on, under or over land. These rights are usually granted through an agreement with the landowner or occupier, although an operator may apply to the tribunal for rights in certain circumstances where agreement cannot be reached. The Code also affects payments, renewals, upgrades and the removal of equipment.
In this article
The Electronic Communications Code is a legal framework set out in Schedule 3A of the Communications Act 2003. It gives qualifying telecommunications operators certain rights to install, keep and maintain electronic communications equipment on, under or over land. These rights are usually granted through an agreement with the landowner or occupier, although an operator may apply to the tribunal for rights in certain circumstances where agreement cannot be reached. The Code also affects payments, renewals, upgrades and the removal of equipment.
In this article
- What the Electronic Communications Code means for landowners
- How telecommunications mast agreements work
- How payments and compensation are assessed
- What happens when an agreement expires
- Can operators upgrade or share mast equipment?
- What to check before signing an agreement
- How GLP Solicitors can help
- Frequently Asked Questions
Key takeaways
- The Electronic Communications Code governs many agreements between telecommunications operators and landowners.
- A telecoms mast agreement can affect how you use, manage or develop your property.
- Payments under the Code are subject to specific valuation rules and may not reflect the commercial value a landowner expects.
- Compensation for damage or loss is a separate consideration from payment for granting Code rights.
- Operators may have statutory rights to seek new agreements or renew existing arrangements in certain circumstances.
- Equipment upgrades and sharing rights can depend on the applicable Code provisions and the terms and circumstances of the agreement.
- Do not assume that an agreement ends automatically, or that equipment must be removed, when its stated term expires.
- Independent legal advice can help you understand the proposed terms, your options and the potential long-term impact on your property.
What is the Electronic Communications Code?
The Electronic Communications Code, commonly known as the Code, regulates the legal relationship between telecommunications operators and the owners or occupiers of land used for communications infrastructure.
It is contained in Schedule 3A of the Communications Act 2003 and was substantially reformed by the Digital Economy Act 2017. Further changes have since been made through legislation, including the Product Security and Telecommunications Infrastructure Act 2022.
The purpose of the Code is to support the installation, maintenance and development of electronic communications networks across the UK.
It covers infrastructure such as:
- Mobile phone masts and base stations.
- Antennas and associated equipment on buildings.
- Telecommunications cabinets, poles and underground apparatus.
- Cables and other network infrastructure.
The Code gives qualifying operators certain legal rights, known as Code rights. These may include rights to install equipment, keep it on land, access it for maintenance and carry out certain works.
For landowners, this means that a proposed telecommunications agreement is not simply an ordinary property contract. It may be affected by a statutory framework that can influence negotiations and the options available to both parties.
Official guidance is available from Ofcom’s overview of the Electronic Communications Code.
How does the Electronic Communications Code affect landowners?
If you own land, a commercial building, a block of flats or another property that could accommodate telecommunications equipment, an operator may approach you to negotiate access or installation rights.
You may also already have an agreement in place and be contacted about a renewal, a change to the equipment or access for maintenance.
The Code is particularly important because it can affect more than the initial installation. Depending on the circumstances and the rights granted, an agreement may have implications for your property over many years.
1. Negotiating a new telecommunications mast agreement
A proposed agreement should be considered in the context of your property’s current use and future plans.
For example, a mobile network operator might want to install a mast on the roof of a commercial building. The proposed arrangement could affect roof access, maintenance work, future building alterations and the ability to use the space for other purposes.
Before agreeing to the proposal, consider:
- Exactly where the equipment will be installed.
- What access the operator will require and when.
- How installation and maintenance work will be managed.
- Who is responsible for repairs and damage.
- What insurance and liability provisions apply.
- How long the agreement will last and what happens when it ends.
- Whether the agreement could affect future development or a sale of the property.
The precise rights and protections available will depend on the agreement, the applicable legislation and the circumstances.
2. Understanding your negotiating position
Landowners should not assume that every term proposed by an operator is fixed or that the only decision is whether to accept the offer.
There may be scope to negotiate practical and commercial provisions, including access arrangements, responsibilities for damage, insurance, maintenance, equipment location and the management of works.
However, the Code can also allow an operator to apply to the tribunal for an agreement to be imposed if the statutory requirements are met. This means a landowner’s negotiating position must be assessed in light of the Code, rather than solely by reference to ordinary contractual principles.
Understanding your position early can help you make informed decisions and avoid agreeing to terms without fully considering their consequences.
How are payments for Telecommunications Mast Agreements calculated?
One of the most important issues for landowners is how much they may receive for allowing telecommunications equipment to be installed on their property.
The Electronic Communications Code contains specific rules for assessing payments for granting Code rights.
Under paragraph 24 of Schedule 3A, the market value of the agreement is assessed using a statutory valuation approach. In broad terms, the valuation assumes that the rights being granted are not being valued by reference to their use for providing an electronic communications network.
This can produce a different result from the amount a landowner might expect based on the operator’s commercial use of the site or the revenue generated by the wider network.
As a result, the potential payment may not correspond to the perceived strategic value of the location to the operator.
Is compensation separate from the payment for a mast agreement?
Yes. The consideration payable for granting Code rights and compensation for certain losses or damage are distinct issues.
Depending on the circumstances, a landowner may have a claim for compensation for loss or damage arising from the exercise of Code rights. The availability and amount of compensation depend on the relevant legal provisions and the evidence of the loss.
For example, if telecommunications works cause physical damage to part of a property, the cost of putting that damage right may need to be considered separately from the payment for allowing the equipment to remain.
It is therefore important to examine the proposed payment, the agreement’s protections and any potential compensation issues separately.
The Government’s guidance on access agreements provides further information about the statutory approach to consideration.
What happens when a Telecommunications Mast Agreement expires?
An approaching expiry date is an important point for landowners, but it does not necessarily mean the equipment must be removed or that the operator will lose its rights automatically.
The Electronic Communications Code contains provisions governing the continuation and termination of agreements, as well as the circumstances in which an operator can seek a new agreement.
The correct process will depend on the existing agreement, its legal status, the applicable statutory provisions and any notices that have been served.
If you have a mast on your property and the agreement is approaching its end date, you should establish:
- Whether the agreement is protected by the Code.
- Whether it continues beyond its stated contractual term.
- Whether either party has served a valid notice.
- Whether the operator is seeking a renewal or new agreement.
- What statutory procedures and deadlines apply.
- What options are available if you want the equipment removed or the terms changed.
Landowners should avoid assuming that a contractual expiry date alone determines the outcome. The Code can provide operators with routes to seek continuing rights, subject to the relevant legal tests and procedures.
Early advice is particularly important if you want to redevelop the property, change its use or negotiate different terms. These plans may be relevant to your strategy, but their legal effect must be assessed against the specific agreement and applicable law.
Can a telecommunications operator upgrade or share equipment?
The Code includes provisions allowing qualifying operators to upgrade certain apparatus and share its use with other operators, subject to the applicable statutory conditions.
For some agreements, these provisions can limit the extent to which a landowner can prevent equipment upgrades or sharing arrangements.
For example, paragraph 17 of the Code includes conditions concerning the impact of upgrades and sharing on the apparatus’s appearance and the burden imposed on the other party. Other provisions and transitional rules may apply depending on the type and date of the agreement and the equipment involved.
This makes it important to understand exactly what the agreement permits.
When reviewing a proposed mast agreement or an existing arrangement, consider:
- Whether the operator can install additional equipment.
- Whether other operators may share the apparatus.
- Whether further access or maintenance work may be required.
- How changes could affect the building or land.
- Whether the proposed works fall within existing rights or require additional consent.
Do not assume that every upgrade requires fresh permission, but equally, do not assume that an operator can make any change it wishes. The applicable Code provisions and agreement need to be reviewed carefully.
What should you check before signing a Telecommunications Mast Agreement?
A telecommunications agreement can have lasting consequences for the management and value of a property. It is worth reviewing the full terms before signing, rather than concentrating only on the proposed payment.
Check the duration and termination provisions
Understand the agreement’s term, the statutory framework governing continuation and termination, and the notices that may be required. Check what happens if you sell the property or want to carry out redevelopment work.
Review access and maintenance rights
The agreement should clearly address access routes, working arrangements, notice where applicable, security and the practical management of installation and maintenance work.
Understand repair, insurance and liability provisions
Consider who is responsible for damage, how repairs will be carried out, what insurance is required and how liability is allocated.
Consider future development and property use
Think about whether the equipment could affect extensions, redevelopment, roof works, a change of use or other plans. Where relevant, consider how the agreement may affect a future purchaser or occupier.
Review payment and compensation provisions
Check how the proposed payment is structured, when it is due and whether the agreement addresses other relevant losses or damage. Do not assume that the operator’s initial offer is the only factor worth considering.
Take advice before agreeing to changes
If an operator proposes a renewal, revised terms, additional equipment or a change to access arrangements, review the proposal against the existing agreement and the Code before responding.
How GLP Solicitors can help
GLP Solicitors advises landowners and property owners on telecommunications mast agreements and matters arising under the Electronic Communications Code.
We understand that these agreements can raise both legal and practical questions, particularly where an operator wants long-term rights over a building or parcel of land.
Depending on your circumstances, our team can assist with:
- New mast agreements: Reviewing proposed terms and advising on your legal and commercial position.
- Lease renewals and renegotiations: Helping you understand your options when an existing agreement is approaching renewal or an operator proposes revised terms.
- Electronic Communications Code issues: Advising on the legal framework, relevant rights and potential disputes.
- Access and equipment provisions: Reviewing clauses relating to access, maintenance, upgrades, sharing and works.
- Payment and compensation issues: Helping you understand the relevant contractual and statutory considerations.
- Disputes with telecommunications operators: Advising on available options where negotiations become difficult or a dispute arises.
Every property and agreement is different. The appropriate approach will depend on the documents, the operator’s proposals, the property’s circumstances and the relevant statutory provisions.
Seeking advice before signing or agreeing to revised terms can help you understand the implications and make a more informed decision.
This article is for general information only and does not constitute legal advice.
Frequently Asked Questions
The Electronic Communications Code is the statutory framework in Schedule 3A of the Communications Act 2003 governing certain rights telecommunications operators have over land. It covers rights relating to installing, keeping, maintaining and accessing electronic communications equipment. The Code also provides procedures for seeking agreements through the tribunal in qualifying circumstances. It is particularly relevant to landowners approached about mobile phone masts, rooftop antennas, cables and other telecommunications infrastructure.
A telecommunications operator will usually seek an agreement with the landowner or relevant occupier. However, the Code allows a qualifying operator to apply to the tribunal for an agreement to be imposed if the statutory requirements are satisfied and agreement cannot be reached. This does not mean an operator can simply install equipment wherever it chooses. The legal conditions, relevant land interests and circumstances must be considered. If an operator approaches you or threatens to apply for rights, obtain advice before responding or signing documents.
There is no single standard payment for every telecommunications mast agreement. Where the Code’s statutory valuation rules apply, consideration is assessed using the approach set out in paragraph 24 of Schedule 3A, which generally disregards the value attributable to the land’s use for an electronic communications network. The outcome depends on the relevant rights, land and agreement. Compensation for certain loss or damage is a separate matter. Independent advice can help you understand the proposed payment and the factors relevant to your particular circumstances.
You can consider a proposal and negotiate its terms, but refusing an operator’s offer does not necessarily prevent it from seeking rights through the tribunal. The operator must satisfy the relevant statutory requirements before an agreement can be imposed. The appropriate response depends on matters such as the land involved, the rights requested, the impact on the property and the operator’s legal position. Before deciding how to respond, it is sensible to obtain advice on your options and any notices or deadlines that may apply.
The expiry of the stated contractual term does not necessarily mean the operator must remove the mast. The Code contains provisions governing the continuation and termination of agreements and the process for obtaining new rights. The outcome depends on the agreement’s status, the applicable legislation and any notices served. If the agreement is approaching expiry, review it early and obtain advice before taking action. This is particularly important if you intend to redevelop the property, change its use or negotiate different terms.
The Code contains provisions that can allow operators to upgrade certain apparatus or share it with another operator without obtaining fresh consent in every case. Whether those rights apply depends on the relevant statutory conditions, the type and date of the agreement and the proposed changes. Some changes may fall outside the rights available under the existing arrangement. Landowners should review the agreement and the relevant Code provisions before assuming that an upgrade requires consent or that an operator can make unrestricted changes.
Independent legal advice can help you understand the proposed rights, payment provisions, access arrangements, liability, maintenance obligations and long-term impact on your property. It can also help identify issues relating to renewals, termination, equipment sharing and future development. Because the Electronic Communications Code can affect the rights available to both landowners and operators, it is important to consider the statutory framework as well as the wording of the agreement. Ideally, obtain advice before signing a new agreement or accepting revised terms.