The Electronic Communications Code: What you need to know

If you are a telecoms operator, the Electronic Communications Code underpins almost everything you do on the ground. But recent changes mean that some of your existing agreements may not give you the rights you think they do. Here's what you need to know.

What is the Electronic Communications Code?

The Electronic Communications Code (the Code) underpins the rights of telecoms operators to install, keep, share, upgrade and maintain electronic communications apparatus on land.

Who does it apply to?

Code rights can only be exercised by operators to whom Ofcom has formally applied the Code, and a public register of such operators is maintained and available on the Ofgem website. For organisations on that register, the Code provides a significant suite of statutory rights to install, maintain and operate electronic communications apparatus. Where those rights apply, landowners may be required to accommodate apparatus on their land, regardless of whether they agree to its presence.

Code agreements will generally bind a landowner’s successors in title, providing operators with continuity if the property changes hands. However, a landowner can grant rights only to the extent of its own interest in the land. Where the contracting landowner is a tenant rather than a freeholder, the freeholder will not automatically be bound by the agreement, although an operator may be able to secure the necessary rights through a court order. To reduce the risk of future complications, it is advisable to include any freeholder or superior title holder as a party to the agreement from the outset.

Any provision that seeks to restrict the assignment of a Code agreement to another Code operator will be void. As a result, landowners have limited control over who may become the operator's successor under the agreement. The Code does, however, require the assigning operator to notify the landowner of the assignee's identity.

What rights do you have?

The Code grants operators a broad range of statutory rights to install, maintain and operate electronic communications apparatus. These include rights to install and keep apparatus on, under or over land, to enter land and carry out works, and to upgrade and share equipment in certain circumstances. The Code also gives operators specific rights in relation to transport land, streets and tidal waters, some of which can be exercised without the need for a written agreement with the landowner.

Landowners can require removal of apparatus in certain circumstances, including where it's no longer used for your network, or where the Code no longer applies to you.

What's changed — and what does it mean for you?

Three changes in the past few years affect how you should be managing your agreements.

1. Sharing and upgrading rights (from 7 February 2023)

The right to share and upgrade apparatus became an express right for agreements entered into from 7 February 2023. For agreements that existed before that date, those rights don't apply automatically. If your portfolio includes older agreements, you may not have the sharing and upgrading rights you need. An audit of your agreements now will flag where the gaps are.

2. The ADR duty (from 7 November 2023)

Since 7 November 2023, operators must consider using alternative dispute resolution (ADR) options before seeking Court orders. This applies where you're approaching the Court to impose an agreement, to modify an existing Code right, or to terminate an agreement and order a new one.

3. Court of Appeal clarification on who qualifies as a party (2026)

Earlier this year, the Court of Appeal confirmed that an operator need only have the benefit of a Code agreement (rather than also being burdened by it) in order to be treated as a party to that agreement (On Tower UK Ltd v AP Wireless II (UK) Ltd). This is significant because only a party to a Code agreement can exercise key rights under the Code, including the ability to seek renewal of an existing agreement or apply to vary its terms.

What should you do now?

The Code is complex, but these are the three practical actions to take away:

• Audit your pre-February 2023 agreements. Check whether your sharing and upgrading rights are actually in place, or whether you're relying on rights that don't automatically apply.
• Review your dispute management processes. Make sure your team is set up to document ADR consideration before any Court application is made.
• Check how your agreements are structured in light of the On Tower decision. If renewal or variation is on the horizon, the Court of Appeal's clarification is directly relevant to your position.

If you'd like to talk through any of these points, our telecoms team is here to help.

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