The Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations 2022

Requirement to give notice before entry onto relevant land

3.—(1) Before entering on the relevant land in the exercise of the Part 4A code right, the operator must give notice to—

(a) the required grantor, and

(b) each managing agent of the relevant land or any part of it who is known to the operator.

(2) The notice must contain—

(a) all details of the relevant works to be carried out in the exercise of the Part 4A code right, so far as reasonably practicable,

(b) the date on which the operator intends to begin the relevant works and a reasonable estimate of the number of days that the relevant works will continue for, and

(c) the name of the operator, and an email address, a telephone number and a postal address in the United Kingdom at which the operator may be contacted about the relevant works.

(3) The notice must be given at least 5 working days before entering on the relevant land.

(4) The notice given under this paragraph to the required grantor must be sent by a registered post service or by recorded delivery.

(5) The operator must affix a copy of the notice, addressed to the required grantor and all residents of the multiple dwelling building(1) of which the target premises(2) are a part, to a conspicuous object on the relevant land in a secure and durable manner and in a position where it is reasonably legible.

(6) Sub-paragraph (1) does not apply where entry on the relevant land is required solely for the purpose of affixing a notice under sub-paragraph (5) or where entry on the relevant land is required solely for emergency works.

(7) In this paragraph, “managing agent” means an agent of the required grantor appointed to discharge any of the required grantor’s obligations to his tenants which relate to the management of the relevant land.

(1)

“multiple dwelling building” is defined in paragraph 27I(1) of Schedule 3A to the Communications Act 2003.

(2)

“target premises” is defined in paragraph 27B(1) of Schedule 3A to the Communications Act 2003.