The new code requires greater formality for all agreements between landowners and operators. Any agreement must now be signed in writing and on behalf of the owner/occupier and the operator and indicate its duration and possible notice. I hope that this will result in fewer “unintentional” agreements between landowners and occupiers, with long-term effects and broader and more sustainable rights than the landowner or occupant expects. If the following two conditions can be met, an operator can update the device and share its use with another operator, regardless of the length of the code agreement: the new code provides urgent clarity on the interaction between the code and the 1954 law. The seniority provisions of the 1954 Act do not apply to agreements between an owner/occupier and an operator whose primary purpose is to grant code rights. Of course, there are doubts and controversies about the “primary purpose” of a lease, but in most cases it should be clearly cut. The code requires Ofcom to submit a code of conduct (PDF, 208.3 KB) regarding agreements for access to private property, in accordance with the code. It is now quite clear that under the new code, an agreement should not be entered into the HM Land Registry, or that it must be in any other way. This will also be the case when the contract is concluded in the form of a lease agreement.
As a result, inspections, investigations and investigations of areas where telecommunications equipment is located will be essential. The new code will significantly change the way land is estimated. In cases where a code contract is imposed on an owner/occupier or where the court must set conditions: on which the parties cannot agree (for example. B with respect to a change in conditions if the parties are unable to agree (for example. B on a change in the terms of an existing agreement or an agreement), the assessment of compensation will be based on market value – the wording and definitions of the Red Book – RICS being amended to take up certain assumptions. Part 1 of this process requires an owner/occupier to first inform the operator on the basis of why the code agreement was to expire and the end date of the agreement. A delay of at least 18 months is required. The new code contains four grounds cited by the landowner (which are very similar to the reasons for Section 30 (1) of the Owners and Tenants Act 1954) and contains significant defects by the operator, persistent delays in paying rent and the intention to reorganize the landowner.