Beware Openreach Wayleave Agreements

With the extension of powers under the Electronic Communications Code, we are seeing increased activity from Openreach and Gigaclear across our client base.

Following difficulties between these operators and landowners, the CLA and NFU met with both Openreach and Gigaclear in 2018 to agree the Openreach/CLA/NFU Rural Electronic Communications Agreement (RECA) and a Network Access Agreement (NAA) for Alternative Network Providers (including Gigaclear). These agreements try to balance a landowner’s rights against the operators obligations to roll out the broadband network. Whilst an erosion of property rights, we consider these agreements give reasonable protection to a landowner  and Importantly offer lift and shift in the event of development.

We have recently been advising a landowner approached by Openreach seeking signature of an agreement which fell well short of the agreed RECA excluding many of the provisions protecting these rights. Landowners should very carefully check what they are being asked to sign and if unsure, take professional advice.

For more information call Hugo Richardson on 01279 798866.