In today’s technology-driven society, telecoms businesses are increasingly seeking to expand their network coverage, leading to a rapid expansion in digital infrastructure projects. As a result, rooftop space on commercial premises has become prime real estate for telecoms businesses.
The demand has opened up a commercial opportunity for land-owners; a fixed, steady stream of income from telecoms businesses in exchange for the use of typically idle land such as rooftops or remote rural sites. However, commercial agreements need to be entered into with caution, particularly with the introduction of the new Telecommunications Code legislation and changes to the mode of land valuation for telecoms sites.
Our Real Estate and Development team can guide you through negotiations with telecoms businesses, helping you to obtain an agreement that is commercially favourable to you. Our lawyers act solely on behalf of landowners and can advise you on key issues, including:
- Advising on existing agreements– a review of pre-2018 existing telecommunications agreements in light of changes to the law and landowner plans going forward.
- Strategic negotiation of new agreements: for new mast agreements to be entered into, including wayleaves, licences and leases.
- Removal and re-possession: advising on removal of equipment and tenant-operator to reclaim land (a necessity if the landowner plans to develop the land).
- Litigation and notices: acting for landowners in Court proceedings to remove site operators and their equipment. Where proceedings are escalated to higher Courts, we are able to refer matters to our trusted network of barristers for representation.
- Valuation recommendations: we can refer you to pre-established network of specialist telecommunications surveyors on matters concerning valuation.
Telecommunications agreement advice may also be necessary when acquiring land for commercial and residential re-development. Specialist legal advice will enable you to weigh up both the benefits and potential impediments that such an agreement may have on the successful outcome of your development project.
- Acting for a local authority to advise on telecommunications lease variations, renewals and the service of notices concerning telecommunications masts and equipment on multiple sites.
- Acting for a pension fund to consider and advise on transitionary legislation rights regarding a telecommunications mast, negotiating a code-compliant lease.
- Acting for a series of housing associations in negotiating telecommunications lease renewals, rent review increases and 1954 Act renewals.
- Acting for a pension fund in drafting a removal notice and negotiating steps to ensure the removal of an operator.