Consultation outcome

Consultation on regulations to implement the Telecommunications Infrastructure (Leasehold Property) Act

From:: Department for Digital, Culture, Media & Sport, Matt Warman and Julia Lopez MP
Published: 9 June 2021
Last updated: 24 June 2022 — See all updates

Read the full outcome

Regulations to implement the Telecommunications Infrastructure (Leasehold Property) Act - government response

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Detail of outcome

This document sets out the government’s response to the Consultation on regulations to implement the Telecommunications Infrastructure (Leasehold Property) Act, and our current proposals for the regulations necessary for the new process under the Act to take effect. The regulations themselves will be laid before Parliament as soon as parliamentary time allows, and once passed, the new process will take effect.

Detail of feedback received

There were 12 responses to the consultation, including organisations representing landowners, operators, professional bodies and a local government partnership. A list of the organisations and individuals who responded can be found in the Annex of the government response.

All responses to the consultation have been recorded and analysed. This response addresses the key points made, drawing out the common themes that emerged and the most frequently-expressed points of view.

Original consultation

Consultation description

The Telecommunications Infrastructure (Leasehold Property) Act gained Royal Assent in March 2021. The Act inserts a new Part 4A to the Code which provides a process that telecommunications operators could use to gain access rights (called “code rights”) to multi-dwelling premises for a defined period. This only applies where:

a lessee in occupation in a multi-dwelling building has requested a telecommunications service from an operator
to connect the property the telecoms operator requires an access agreement with another person such as the landlord
the landlord has not responded to the telecoms operator’s request for access

This consultation has been divided into three sections.

Section 4: Terms to accompany Part 4A interim Code rights (acquired by operators following a successful application at the Tribunal).

Section 5: The process for making an application to the Tribunal and the duration of interim Code rights.

Section 6: Extending the scope of Part 4A.

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