Telecoms Masts and Renewable Energy
We advise landowners on phone mast agreements under the Electronic Communications Code, and on solar, wind, battery storage and hydrogen schemes proposed on their land.
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- Fee agreed in writing before any work starts
Who We Act For
We act for landowners across the North West who have been approached by a telecoms operator or a renewable energy developer, and for those with an existing mast or energy lease that is due for renewal.
Our Mast and Renewables Services
- new and renewed phone mast agreements under the Electronic Communications Code
- advice on proposals for solar, wind, battery storage and hydrogen schemes
- negotiating rent, terms and options with the operator or developer on your behalf
Phone Mast Agreements Under the Electronic Communications Code
The current Electronic Communications Code came into force on 28 December 2017. It governs new mast agreements and the renewal or termination of existing ones.
Three aspects of the Code frequently surprise landowners:
- Rent reflects the value of the land without the mast. The Code values the site as if it had no telecoms use, so offers can fall well below the rents paid under older leases.
- Operators can ask a tribunal to impose an agreement where the public benefit outweighs the prejudice to you and that prejudice can be compensated in money.
- Bringing an agreement to an end is difficult. You need to give at least 18 months' notice and rely on one of four limited grounds, such as redevelopment of the land.
Changes Made by the Product Security and Telecommunications Infrastructure Act 2022
The 2022 Act amended the Code in stages during 2023:
- February and April 2023: wider rights for operators to share and upgrade apparatus.
- November 2023: operators must provide information on alternative dispute resolution with certain notices, and courts may make interim orders on rent while a renewal is in dispute.
If you have a mast agreement signed before 2017, it is important to establish how these changes apply before you respond to any notice.
Solar Farm and Battery Storage Leases
Developers approach farmers about solar farms and battery storage, often where the land lies close to a grid connection. Proposals usually begin with heads of terms and an option, followed by a long lease if the scheme secures planning permission and a grid connection.
Before you sign, the following should be reviewed:
- the rent, how it is reviewed, and whether there is a minimum
- the length of the option and the payments made during it
- the land included, together with access routes and cable routes
- removal of the apparatus and restoration of the land at the end of the term, backed by security
- the effect on tenancies, farm schemes and inheritance tax reliefs
How We Work
- Call us when you are first approached, before you agree heads of terms.
- We review the proposal and the land, and explain which terms are standard and which are negotiable.
- We negotiate the agreement on your behalf.
Next Step
Call us on 07857 877925 or request a call back. Please have the operator's letter or proposal to hand.
Common Questions
What is the Electronic Communications Code?
The Electronic Communications Code is the legislation governing agreements between landowners and telecoms operators for phone masts, cables and other apparatus. The current Code came into force on 28 December 2017. It gives operators substantial rights, including the right to ask a tribunal to impose an agreement where a landowner will not agree terms, so early advice is important.
How is phone mast rent assessed under the Code?
Rent under the Code is based on market value, assessed on the assumption that the site is not being used for a telecoms network and that other sites are available to the operator. This can produce a considerably lower figure than older mast leases. We test the operator's offer against the evidence and negotiate the other terms, which often matter as much as the rent.
Can I have a phone mast removed from my land?
Only on limited grounds. You must give the operator at least 18 months' notice and rely on one of four grounds: substantial breaches by the operator, persistent late payment, your intention to redevelop the land, or the operator failing the Code's public interest test. The operator may serve a counter-notice within three months, and a tribunal may then decide.
Can the operator upgrade or share a mast without my consent?
In many cases, yes. Under the Code an operator may upgrade its apparatus or share it with another operator, provided the changes have no more than a minimal effect on the appearance of the site and impose no additional burden on you. Amendments made in 2023 extended these rights further. More substantial changes still require your agreement.
What did the Product Security and Telecommunications Infrastructure Act 2022 change?
The 2022 Act amended the Code in stages during 2023. Operators must now provide information about alternative dispute resolution when serving certain notices, and courts may take an unreasonable refusal to use it into account when awarding costs. Interim orders on rent during renewal disputes, and wider rights to share and upgrade apparatus, were also introduced.
Should I sign heads of terms for a solar farm straight away?
We advise against it. Heads of terms often grant the developer an exclusive option over your land for several years while it seeks a grid connection and planning permission. Once signed, they are difficult to renegotiate. The rent, the length of the option and the lease, decommissioning and access should all be reviewed before you sign anything.
Will a solar or battery lease affect inheritance tax relief?
It may. Land taken out of agricultural use and let for solar panels or battery storage may no longer qualify for agricultural property relief from inheritance tax. Whether other reliefs apply depends on your circumstances. Please speak to your accountant or tax adviser before signing, so that the effect on the farm's succession plans is understood.
Will the operator or developer pay my professional fees?
Renewable energy developers often agree to meet a landowner's reasonable professional fees for negotiating heads of terms and the lease, and telecoms operators may contribute as well. This should be agreed in writing at the outset. Independent advice remains worthwhile even where the other party pays, because your adviser acts solely in your interests.
Reviewed by Luke Banks MRICS FAAV, RICS Registered Valuer, on .
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