Wayleave Agreements and the Electronic Communications Code
Thursday 23rd, May 2024
14:00 - 15:00

Wayleave Agreements and the Electronic Communications Code

Wayleave Agreements and the Electronic Communications Code

In this webinar we will look at different types of Wayleave Agreements and discuss the impact of the statutory rights Operators benefit from under the Electronic Communications Code (‘the Code’) on landowners.

We will talk through some of the key provisions in the Code; the leading legislation on the installation of telecoms infrastructure. The statutory rights are wide, onerous and intrusive by their very nature so we will consider some best practices and landlord-friendly approaches to dealing with your wayleave arrangements – in terms of legal drafting, commercial negotiations and practical requirements.

We will consider standard landowner obligations you would expect to see in a typical Wayleave Agreement and explore the benefits of appointing external surveyors (specifically where multiple dwelling units are concerned) to audit the installation works at the Operator’s cost (as permitted under the Code) to ensure compliance, on a statutory and regulatory level, with current building safety standards in connection with the use and occupation of the landowner’s property.

Finally, we will look at various examples of site-specific Wayleave Consents, Agreements and Permissions to Dig whilst also exploring the benefits, where applicable, of using client-tailored Multiple Dwelling Unit (MDU) Wayleave Agreements. The key is early engagement with the Operator and open discussions in relation to the wayleave terms.


Nat Cartwright, Senior Associate, Devonshires

Nat advises on a broad range of property transactions with his legal background having a particular emphasis on site acquisitions, development agreements and regeneration.

As well as this core area of work, Nat heads up our Telecoms, Utilities & Infrastructure team and is the firm’s resident expert on the Electronic Communications Code, regularly advising our clients on various forms of Code agreements including multiple dwelling unit (MDU) wayleaves, consents, licences, telecoms leases, and assisting in tribunal matters where necessary.

Sophia Koopman, Director of Business Development, Netomnia

Sophia Koopman has spent our career in award winning scale up full fibre business broadband and WIFI solutions across education, business, student accommodation, build to rent and the public sector. Sophia specialises in operator multiple dwelling unit framework wayleave agreements in line with the Electronic Communications Code. She is a regular speaker on webinars to identify and remove barriers to digital connectivity in housing. She highlights the importance of data and the understands the role of landlords in serving their customers better.

Sajid Rehman, Director, Fortium Surveying Ltd

Sajid Rehman is a professional member of the Royal Institution of Chartered Surveyors with twenty years of experience in the construction industry, working in both the public and private sectors. Sajid is a founding member of Fortium Surveying Ltd who are an independent firm of Chartered Building Surveyors. Sajid’s role as a director at Fortium Surveying Ltd is to facilitate and manage their Fibre Compliance Auditing Project working with internet service providers nationwide to oversee the installation of fibre in all forms of residential properties. Fortium’s clients include local authorities, housing associations and private freeholders.

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