Electronic Communications Code effects

[Steevo]

Has anybody taken any steps in light of this being introduced next year or so?

As I recall, it hands almost all rights over to the telecom company for masts etc. and on top of that BT wayleaves too! Expectations are rents will fall, as they no longer need to pay market value, just compensation for lost cropped area etc.

 

[Old Boar]

I had not heard anything about this, and from the lack of replies I would think it is not only me.
Do you have a link to some more information?

 

[Yale]

If they don't pay then I'll be eyeing up the poles for fencing materials.

 

[opininionated]

https://www.burges-salmon.com/news-...ations-code-what-does-it-mean-for-landowners/

This seems to Sum it all up.

 

[rob1]

I thought dick turpin was dead, it appears not

 

[llamedos]

iirc from what I posted about it on here previously, it does not apply retrospectively, so rents now will stay, BUT, there was a warning about companies removing their equipment, and then coming back to you in the future.
Simples, no equipment dont expect the service urban areas receive.

 

[Pheasant Surprise]

From the link above; “The new Code will only apply after the law comes into effect and will not apply retrospectively to existing contracts.”

What is the length of your agreement (and in general) @Steevo ?

 

[rob1]

Ours was 20 yrs which IIRC ended a couple of years ago so assume it just carries on on a rolling basis if neither goes for a end, we only have the cabinet the aerials are up a nat grid tower so we dont get a massive rent but maybe EE or the people that manage it will not bother trying to get a reduction from Nat grid and will leave me alone too

 

[Brisel]

Mrs Brisel works for the CAAV who have tried to work with the site operators in drawing up the new code. The operators drew up the code so obviously it is massively in their favour & she got nowhere with them.

My advice would be to consult an agent if your contract is nearing expiry or they have approached you for a potential site.

 

[Pheasant Surprise]

Ofcom responsible for the consultation earlier this year around the changes proposed....

https://www.ofcom.org.uk/phones-tel...tion-for-industry/policy/electronic-comm-code

I guess they only bothered to ask the operators for their views, rather than counter parties (landowners). Only two individuals responded....

https://www.ofcom.org.uk/consultations-and-statements/category-1/electronic-communications-code

How convenient

 

[Steevo]

Thought I’d flag this up again.

Had Openreach asking for a wayleave recently. Any new phone wires are also covered by this code.

They are using it to hide behind for a lot of things and it certainly puts me off agreeing to any future wayleaves given the number and scope of rights granted. Openreach are a nightmare at the best of times......even without additional legal rights.

 

[steveR]

Thought I’d flag this up again.

Had Openreach asking for a wayleave recently. Any new phone wires are also covered by this code.

They are using it to hide behind for a lot of things and it certainly puts me off agreeing to any future wayleaves given the number and scope of rights granted. Openreach are a nightmare at the best of times......even without additional legal rights.

Bloody utilities!!

Sounds like Western Power who are a law unto themselves as regards wayleaves. My solicitor has been having a protracted "discussion" with their Legals about the wording of teh deed of grant of a new underground system being put in under my land, on behalf of a local developer. I have no real issues with the access, but the terms that WPD are attempting to foist on me are ludicrous. My solicitor had warned me that WPD are sharks...

The opener was that if I agrees to an undergounding of a 10m length of 33kv cables, WPD would grant themselves the ability to lay underground ANY existing or future power cables on any of my property!!!

The latest is the wording that puts the legal onus on me to report any damage etc to WPD "immediately", the issue with this is that if I or my successors failed to do this and say, a fire started, the responsibility could lie with me!

Openreach have been OK so far locally, but I envisage issues with them in the future, and as for getting wayleave payments from them... forget it.

 

[Steevo]

Bloody utilities!!

Sounds like Western Power who are a law unto themselves as regards wayleaves. My solicitor has been having a protracted "discussion" with their Legals about the wording of teh deed of grant of a new underground system being put in under my land, on behalf of a local developer. I have no real issues with the access, but the terms that WPD are attempting to foist on me are ludicrous. My solicitor had warned me that WPD are sharks...

The opener was that if I agrees to an undergounding of a 10m length of 33kv cables, WPD would grant themselves the ability to lay underground ANY existing or future power cables on any of my property!!!

The latest is the wording that puts the legal onus on me to report any damage etc to WPD "immediately", the issue with this is that if I or my successors failed to do this and say, a fire started, the responsibility could lie with me!

Openreach have been OK so far locally, but I envisage issues with them in the future, and as for getting wayleave payments from them... forget it.

It’s a sad job. The govt seem to grant utilities lots of rights to help speed up the process of rollout....yet the utilities companies themselves are usually the holdup due to their hugely inefficient bureaucratic systems and procedures.

Furthermore.....if the utilities companies were to keep to reasonable terms and not expect everything so one sided they might find landowners more amicable to their approaches for wayleave. The problem is the more rights tbey are granted by the govt, the higher they raise the bar.

On the whole I’d say farmers and landowners were more reasonable and efficient than any utility company.