The Electronic Communications Code: Building a resilient telecoms portfolio

As operators continue to upgrade, expand and rationalise networks, the focus is increasingly shifting from securing Code Rights to managing them effectively.

Many of the most significant telecoms disputes arise long after a Code Agreement has been completed, when operators need to access, upgrade, assign or remove equipment. Effective asset management is a key part of managing risk, supporting future network development and maintaining productive relationships with landowners.

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In this insight, we highlight some of the key asset management issues operators should consider throughout the lifecycle of a site.

The Code overrides inconsistent contractual terms

Where the Code applies, its provisions override inconsistent contractual terms. Operators cannot waive statutory rights conferred by the Code, and landowners cannot impose contractual obligations that are inconsistent with the Code's framework. This has important implications for how agreements are drafted and negotiated. Provisions that appear commercially sensible may ultimately be unenforceable or sit uneasily alongside an operator's statutory rights. The risk is not only legal - poor drafting can create uncertainty around how rights are exercised, increase the likelihood of disputes and undermine the value of a site within a wider portfolio.

Operators should ensure Code Agreements are prepared and reviewed by advisors with specialist telecoms experience in order to prevent any terms conflicting with statutory right and avoid confusion.

Registration is good practice

Code Rights are binding whether or not they are registered at HM Land Registry. However, registration remains an important part of effective portfolio management. Registration helps ensure that parties bound by the Code are aware of existing rights and reduces the risk of future disputes, particularly where land changes ownership. As discussed in our insight for developers (Developing land with telecoms apparatus: How the Electronic Communications Code can impact project delivery | TLT LLP), unregistered Code Rights can also create challenges for third parties investigating title. For operators, registration can provide greater certainty and transparency while supporting efficient record-keeping and management of a portfolio.

Access rights: Ensuring agreements work in practice

Securing Code Rights is only part of the process. Operators also need to ensure they can exercise those rights in practice. Code Rights cannot be exercised so as to interfere with or obstruct access to other land unless the occupier of that land has conferred a Code Right or is otherwise bound by the operator's rights, and this issue is often overlooked during acquisition. Apparatus may be located on one parcel of land while access for installation, maintenance or upgrading requires movement across another. Operators should ensure that thorough due diligence is undertaken prior to entering into a Code agreement and all necessary rights are secured from the outset and that the relevant agreements bind all appropriate parties. Failure to address this issue early can significantly restrict an operator's ability to maintain, upgrade or replace equipment, despite having valid Code Rights over the site itself.

Assignment: Avoiding ongoing liability

The Code gives operators flexibility to restructure portfolios and transfer assets as business needs evolve. Restrictions on assignment are generally void, except for provisions relating to guarantees, and an assignee becomes bound automatically by the agreement on assignment. The key risk lies in the notice requirements. An assignor operator will only avoid liability for future breaches if written notice of the assignment has been served before the breach occurs, identifying the assignee and providing an address for service. This is a straightforward administrative step, but one that can have significant consequences if overlooked or if notice is not served on all interested parties.

Planning and the Code: Two parallel regimes

One of the most common areas of misunderstanding is the relationship between planning law and the Code. Code Rights do not displace planning requirements, and compliance with one regime does not guarantee compliance with the other. This can be particularly significant where planning permissions contain conditions requiring apparatus to be removed on the occurrence of a specified event or within a specified period.

Operators should review existing planning permissions and associated conditions before installation and ensure responsibility for compliance is clearly understood. Permitted development rights can often provide flexibility for deployment and upgrading but they are not unconditional and may themselves be subject to limitations and requirements that need to be considered as part of a wider site strategy. The most effective approach is to consider planning and Code requirements together from the outset, rather than treating them as separate issues.

Site exit: Where disputes often arise

Site exit remains one of the most common sources of disputes between operators and landowners.

Disagreements frequently arise over what apparatus remains on site, whether equipment has been removed correctly and who is responsible for any resulting damage. These issues can become more complex where agreements have been assigned or records have not been maintained consistently.

The position can be particularly challenging where apparatus is integrated into a building - concealed cabling, rooftop infrastructure and equipment incorporated into external structures can make it difficult to determine what should be removed and whether removal itself may cause damage. Operators should maintain comprehensive asset registers supported by photographs, location data and accurate site records, and these registers should be updated following installation, upgrades, sharing arrangements, partial removals and assignments.

Good record keeping is more than administrative housekeeping - it can reduce disputes, support future transactions and strengthen an operator's position where disagreements arise.

Looking ahead

As operators continue to upgrade networks, deploy new technologies and maximise existing infrastructure, effective asset management is likely to become increasingly important.

The operators best placed to respond to future change will be those with a clear understanding of their rights, robust asset records and processes that support the full lifecycle of a site, from acquisition through to exit.

Key considerations for operators

• Use specialist telecoms advisors to ensure agreements align with the Code and avoid unenforceable provisions.
• Consider registering Code Rights as part of standard portfolio management.
• Secure all necessary access rights at the outset.
• Embed assignment notice requirements into transaction processes to minimise ongoing liability risks.
• Review planning permissions and conditions carefully before installation or upgrade works.
• Maintain comprehensive asset registers throughout the life of each site.
• Engage proactively with landowners throughout the life cycle of assets to reduce the likelihood of disputes and support productive long-term relationships.

Many of the greatest risks under the Code arise after rights have been acquired. Effective asset management helps operators protect the value of their portfolios, minimise disputes and maintain flexibility as networks evolve. By taking a proactive approach to site set up, governance, record keeping and stakeholder engagement, operators can place themselves in a stronger position to manage both current obligations and future opportunities.

If you would like to discuss any of the issues raised in this article, our telecoms team would be happy to help.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at September 2026.  For more information see our terms & conditions.