Code leases
Explore how we can help businesses with their legal requirements around energy and communications infrastructure.
Contact our teamAt Moore Barlow, we understand the intricate details and complexities surrounding code leases (also referred to as Code agreements), a critical component of today’s vibrant communications infrastructure landscape.
With new technologies and the ongoing expansion of digital connectivity, ensuring clarity and compliance within code lease agreements is essential for landowners and telecommunications providers alike. Our expert team provides specialised legal advice for landowners, site providers and property developers, helping you navigate complex legislation and secure fair terms that protect your interests.
With extensive experience in Energy and Telecommunications law, Moore Barlow is well-positioned to support your property dealings involving telecoms apparatus. Our solicitors understand the practicalities of negotiating, drafting, and reviewing Code agreements under the Electronic Communications Code, guiding you through every stage to achieve optimum outcomes.
What is a code lease?
A Code agreement is a formal legal arrangement between landowners/site providers and telecoms operators or infrastructure providers, enabling installation, maintenance, upgrade, and access to electronic communications equipment or apparatus on privately-owned land or buildings. Governed by the Electronic Communications Code (ECC), these agreements establish the rights, obligations, and compensation terms for both parties and impact the use and potential future development of property.
The Electronic Communications Code, revised significantly under the Digital Economy Act 2017 and the later Product Security and Telecommunications Infrastructure Act 2022, grants authorised telecoms operators statutory rights to install communications infrastructure on private land, subject to certain conditions. Whether you’re considering entering into a Code agreement (consensually or subject to a Code process) or renewing an existing arrangement, it’s crucial to fully understand your rights and obligations, ensuring fair compensation and safeguarding your property’s value and future development possibilities.
Sarah Jordan
Partner | Real Estate, Landed Estates and Farming, Rural Services
How we can help with your code lease
At Moore Barlow, we recognise the complex challenges that Code agreements can present to landowners and telecoms operators alike. We work closely with specialist telecoms valuers and surveyors who will run your negotiations as to terms, rental values and compensation. Our dedicated team of solicitors provides tailored legal services covering every aspect of Electronic Communications Code agreements, including:
- Negotiation, drafting, and review of Code agreements and leases following the approval of key terms agreed with your telecoms agent.
- Advising on the statutory framework of the ECC and its implications for rights of access and installation
- Understanding the intricacies of the Electronic Communications Code, offering clear advice to avoid common pitfalls.
- Represent your interests during disputes or challenges, including managing court proceedings or facilitating mediation and alternative dispute resolution (ADR).
- Review existing leases to ensure compliance with updated ECC regulations and current market standards.
We aim to simplify the complicated and ever-evolving ECC framework, enabling you to make informed decisions confidently and efficiently.
Meet our renewable energy legal experts
Sarah Jordan
Partner | Real Estate, Landed Estates and Farming, Rural Services
Callum Leary
Partner | Commercial Property, Real Estate, Real Estate Finance
Sharon Mays
Senior Associate | Commercial Property, Real Estate, Land Development, Real Estate Finance
Nellie van der Lande
Senior Associate | Commercial Property, Landed Estates and Farming, Real Estate Finance, Rural Services
Oliver Appelboam Meadows
Solicitor | Commercial Property, Landed Estates and Farming, Rural Services
Why choose us for your code lease advice?
Moore Barlow combines extensive experience and specialist knowledge of the Electronic Communications Code with a client-focused approach, delivering tangible results for businesses, landowners, and individuals across the UK. By choosing us, you will benefit from:
- An established firm with a proven track record in complex negotiations and disputes relating to property and infrastructure issues.
- A dynamic team of dedicated solicitors specialising in energy and communications infrastructure, always remaining up-to-date with current legislative changes and industry developments.
- A reputation built on trust, reliability, and clarity in our advice, tailored to your unique goals and objectives.
- Collaborative working relationships, prioritising open communication, efficiency, and practical solutions.
As a leading law firm with offices throughout London, Richmond, Hampshire, and Surrey, Moore Barlow is ideally positioned to offer comprehensive support and guidance, combining national expertise with a nuanced understanding of regional market practice.
Contact our code lease solicitors today
If you need specialist advice regarding code leases or the Electronic Communications Code, our friendly, knowledgeable solicitors are ready to help. Contact us today for clear, bespoke legal guidance that safeguards your commercial interests and property rights.
Contact our team
Frequently asked questions: Code leases
What rights does an operator have under a code lease?
Under a code lease, telecom operators have statutory rights to install and retain electronic communications equipment, carry out maintenance, and conduct upgrades or improvements on private land or property. Operators also have rights to access their equipment, even if they don’t own the land.
Can I refuse a code lease as a landowner?
While landowners may initially refuse a code lease, telecom operators can apply to court to compel access and the granting of certain rights under the ECC. It is therefore essential for landowners to seek expert legal guidance to ensure negotiations are balanced and fair, ensuring appropriate compensation and protection.
How are consideration (rent) and compensation calculated under a code lease?
Expert valuation advice is highly recommended to ensure consideration and compensation calculations accurately reflect your legal rights and entitlements, and we can recommend specialists to assist you with this process.
How long does a code agreement generally last?
Typically, Code agreements permitting installation last for fixed terms, often ranging between 10 and 20 years. However, the specific term agreed can vary and is negotiable between the landowner and operator, depending on the site, equipment, and purpose of use.
Can a code agreement affect property value?
Yes. Entering into a Code Lease agreement can influence property valuation and future development opportunities, as specific restrictions or rights granted under the ECC may limit how a property can be used, accessed, or redeveloped. It’s essential to seek expert legal advice to evaluate and mitigate these potential impacts.
What happens when a code agreement expires?
When a Code Lease agreement approaches expiry, parties typically negotiate renewal terms unless there is a reason not to such as planned redevelopment work. If a voluntary agreement cannot be reached, statutory procedures under the ECC, including mechanisms for dispute resolution via tribunal proceedings, may be utilised to determine renewal terms and compensation.
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