The ECC is a governing framework that regulates the contractual relationship between telecoms operators and landowners and concerns the relationship to land and the use of land.
It enables telecom operators to compel landowners to enter into agreements to facilitate the installation, maintenance and development of the UK’s telecoms and broadband networks on, under and over land.
How might this affect you as a landowner, for good or for ill?
- The ECC grants electronic communications operators code rights to install, access, inspect and maintain their equipment on, under or over land and buildings, even if they do not own the land.
- Code rights can be acquired by an operator by written agreement with the relevant landowner or occupier or by agreement imposed by Court order.
- Landowners can be recompensed or indemnified for conferring code rights or being bound by code rights under the ECC.
- The ECC includes mechanisms for resolving disputes between operators and landowners.
- In some cases, operators may be exempt from obtaining full planning permission for certain types of electronic communications infrastructure under the ECC.
- Businesses that provide electronic communications services or infrastructure must comply with the ECC’s regulatory requirements, including safety standards.
The ECC can create rental income for under-used land for instance and provide securities to landowners. But it also allows for forced usage of land.
At AWB Charlesworth we have an ECC specialist, so contact us if you are having difficulties with the ECC or you are hoping to take advantage of this new business opportunity.
Cyrielle Lacaille (MCilex), 01274 037034 or firstname.lastname@example.org
19 October 2023