We have recently acted for two registered providers in the negotiation and completion of agreements for the provision of telecommunications equipment on the roofs of our client’s buildings. One was a mix of residential and office space and the other was purely residential. Both involved consideration of the Electronic Communications Code (Conditions and Regulations) 2003 and how that code impacted the proposals. We devised different arrangements for each.
One such arrangement resulted in the renewal of an existing commercial lease including elements of the code where agreed. The other resulted in the completion of a code style agreement. This required consideration and advice on the requirements of the Charities Act in relation to the disposal. A factor that stood out was that the code operators were inclined to make large payments to secure quick resolution of the agreements.
In the case of the renewal lease, we were mindful that this would create a precedent, as the code operator would be making further agreements across the client’s estates in the future. We also considered and advised on how the rights granted might affect the client’s retained land. This land is part of a much larger estate and the code operator tried to have rights over the whole estate. We fought this very strongly and won, meaning that the rights were limited to the relevant building and the amenity of that building. We would expect to bring that expertise to the fore to protect the council’s retained land if appointed.
