Electronic Communications Code meaning

On Tower UK Ltd v British Telecommunications Plc [2025] EWCA Civ 844 What are the practical implications of this case? Landlords and site providers will need to ensure that an agreement’s term has been, or will be, brought to an end in accordance with its contractual terms before serving paragraph 31 notices under the Electronic Communications Code, in Schedule 3A to the Communications Act 2003 (CA 2003) (Code), where those notices are intended to take effect after the contractual term has ended. The decision leaves open whether a landlord or site provider must wait for a break notice to expire, and demonstrate satisfaction of any break pre-conditions, before a paragraph 31 notice can then be issued; or whether it is adequate simply to serve the break notice and then—perhaps the following day—a paragraph 31 notice (or even to place both mechanisms within a single document). If that latter course is available, there remains the question of what the position would be if one or more break pre-conditions ultimately cannot...

In this issue: Key developments and horizon scanning Leasing property Environment, energy and buildings Statutory compliance Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Snapshot of key property developments to look out for in 2025 We deliver a concise overview of several significant property developments to watch for in 2025. See News Analysis: Snapshot of key property developments to look out for in 2025. Leasing property Electronic Communications Code and assignment of pre-28 December 2017 licence agreement AP Wireless II (UK) Ltd v ON Tower UK Ltd [2024] UKUT 429 (LC) was an appeal to the Upper Tribunal (Lands Chamber) (the UT) from a First-tier Tribunal (FTT) decision concerning how the Electronic Communications Code (Code) should be interpreted. The central question was whether an assignee of a Code licence...

In this issue: Leasing property Property development Residential property Key developments and horizon scanning LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Leasing property Code—terms of renewal lease In EE Ltd v AP Wireless II (UK) Ltd [2024] UKUT 216 (LC), the Upper Tribunal (Lands Chamber) fixed the terms of a replacement lease for a telecommunications site under the Electronic Communications Code. The earlier lease had ended and the claimants sought new Code rights from the present landlord. Two issues were in dispute: (1) the conditions allowing the landlord to bring the new lease to an end for redevelopment, and (2) the level of rent or consideration payable. The parties’ valuers advanced divergent figures—£1,000 per annum for the claimants and £2,850 per annum for the respondent. The Tribunal found for the respondent on the break right, permitting termination for redevelopment, including telecoms redevelopment, but only after the fifth...

ARCHIVED : This archived Practice Note was prepared with reference to the earlier/old Electronic Communications Code (the previous Code) and addresses the distinctions between the general and special regimes under that earlier Code; however, its substance still bears on the transitional provisions contained in the new Code and therefore remains pertinent. It is not maintained and is provided solely as background information. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) took legal effect on 28 December 2017 and is now in force. The transitional provisions in the new Code, found in Schedule 2 to the Digital Economy Act 2017, state that although subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) continue to operate as an agreement under the new Code, they are subject to modifications, as necessary, including, in particular, regarding termination for certain subsisting agreements. Those transitional provisions also safeguard the operator’s or...

Property Disputes (PD) This beginner’s guide sets out a primer on Property Disputes (PD). It is designed for trainee solicitors and practitioners encountering PD for the first time. The guide highlights the principal issues that commonly arise in PD and signposts other Lexis+® UK sources and materials offering fuller detail on the subjects covered. Newcomers to PD will also benefit from the Overviews within each PD subtopic. These provide a summary of every subtopic, with links to pertinent content inside that subtopic to aid navigation. For instance, see: Property insolvency—overview. The PD module further includes a Property Disputes introductory materials topic, containing links to training materials and “How to guides”, “Quick guides”, plus checklists and flowcharts. The PD module centres on property disputes in England and Wales, while a distinct subtopic focusses on Scottish property disputes (see: Property disputes in Scotland—overview). If a point is not addressed in this guide, use the PD practice area Topics tab or the Topics dropdown menu to explore additional content. This guide also...

Telecommunications in the UK is governed by both sector‑specific regulation and the general framework of competition law. This Practice Note explains how Ofcom, the UK’s national regulator, undertakes market reviews of the telecoms sector, with a particular emphasis on the Physical Infrastructure and Business Connectivity Markets, and the Wholesale Fixed Telecoms Market Review. Ofcom’s powers Ofcom has powers under the Communications Act 2003 (CA 2003) to assess defined markets, judge whether competition is effective, and impose suitable remedies where competition issues are found. Several of these powers originated in European directives transposed into UK law. The most recent is Directive (EU) 2018/1972, which establishes the European Electronic Communications Code (Recast), implemented in December 2020. Those powers continue to apply because the implementing measures are EU‑derived domestic legislation and now sit within assimilated law. For further detail on the European Electronic Communications Code, see the Practice Note on the European Electronic Communications Code. ‘Assimilated law’ is the term for retained EU law (REUL) that remains in effect after the...

LR1. Date of the lease [ enter the date in full format DD-Month-Year ] LR2. Title Number[s] LR2.1 Landlord's title number [ s ] [ the title numbers from which this lease is granted. Leave blank if unregistered ] LR2.2 Other title numbers [ existing title number [ s ] against which entries relating to LR9, LR10, LR11 and LR13 are to be made ] LR3. Parties to this lease Landlord [ enter landlord's name and address ] Tenant [ enter tenant's name and address ] Other parties LR4. Property Where this clause conflicts with any other part of the lease, then, for registration purposes, this clause shall take precedence. [ enter details of the Property ] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 was granted Royal Assent on 27 October 2025. For advice on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Use this schedule to gather information on occupiers, occupation status, critical dates, notices to be issued, and principal points when planning a vacant possession strategy for a redevelopment. This Precedent is supplied in Excel format and can also be accessed via the link on this page. Note that the schedule has been created in Excel and therefore it cannot be downloaded into Word. Vacant Possession strategy—drafting notes If the development contains more than one freehold or superior leasehold interest, you may insert extra headings to divide the schedule into further sections where appropriate. Colour code: Sample colour coding has been applied to the first few rows as an example. Landlord: The named landlord should cover both: the direct landlord the...

STOP PRESS: THE NEW ELECTRONIC COMMUNICATIONS CODE CAME INTO FORCE ON 28 DECEMBER 2017. This precedent was prepared against the backdrop of the former Code, and its substance may still be pertinent for the transitional arrangements contained in the new Code. It remains useful context. The transitional arrangements in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, state that existing agreements under the former Code (ie an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the former Code) will continue to have effect once the new Code commences, albeit with certain modifications. For added detail on the transitional arrangements, see: New Electronic Communications Code—Code rights—Transitional provisions (Schedule 2 DEA 2017). For further information regarding the new Code, please consult Practice Notes: New Electronic Communications Code—Code rights and New Electronic Communications Code—terminating and modifying Code rights. The City of London Law Society published a new Digital Fixed Line Infrastructure Agreement for the New Electronic Communications...

The Electronic Communications Code (the Code) The Electronic Communications Code (the Code) appears in Schedule 3A, Part 1 to the Communications Act 2003 (CA 2003) and has applied in present incarnation since December 2017. Where a prior agreement has lapsed after 28 December 2017 and lacks protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954, ss 23–46) — in which event the LTA 1954 process must be used instead of the CA 2003, Sch 3A, Pt 5, para 33 route (see Vodafone v Hanover Capital) — either party is entitled to ask the tribunal to vary or replace the agreement by making an application seeking modification or replacement of the agreement...

Electronic Communications Code (the Code) It is taken that a headlease has been forfeited, with any sub-leases granted under it likewise brought to an end. The Electronic Communications Code (the Code) referenced is the version produced by the Law Commission in 2013. As the Q&A observes, the operator’s lease was terminated by forfeiture and, thereafter, it is assumed the freeholder required the equipment to be removed, so a paragraph 21 notice had to be served. Paragraph 21 of the Code states that, where no agreement is in place or it is shortly to come to an end, the freeholder requires an order authorising removal of the telecommunications apparatus located on the roof of the freeholder’s property...

The Electronic Communications Code The Electronic Communications Code (the ‘Code’), found in sections 106–119 and Schedule 3A Pt 1 to the Communications Act 2003, enables Ofcom-authorised operators to obtain rights over land for a range of purposes (see Code para 3). Code rights can be conferred by agreement between a land occupier and an operator, and, in practice, telecoms providers ordinarily seek to secure consensual terms at the outset. If agreement cannot be reached, the Upper Tribunal (UT) has authority to confer Code rights without the occupier’s consent. The process is initiated by the operator serving a notice under paragraph 20 of the Code...