It is therefore important to use professional advice at an early stage of negotiating a roadmap or easement. One of the practical consequences of the fundamental change in the legal definition of counterpart introduced by the 2017 reforms is that there is currently a relative lack of available empirical data on which an evaluation judgment can be based. In these circumstances, transparency plays an important role in smoothing the process of negotiating new agreements in an embryonic market. Therefore, in the absence of a priority commercial or legal requirement, it may be possible to limit the use of confidentiality clauses, as their inclusion would limit the availability of comparable evidence. The Government recognises the importance of digital communications networks to the social and economic well-being of the UK. Therefore, agreements are concluded between siting providers and communication network operators on the basis of a specific legal framework to support the use of digital communications. In order for a network operator to successfully connect a house, business or school to the telecommunications infrastructure, it must have the right to do so with a lessor by signing an access contract. Access agreements can take different forms, which often depend on the right sought. Some Wayleaves agreements contain mechanisms for terminating an existing agreement, which a landowner may attempt to negotiate more favorable terms or develop the country where the equipment is plastered. Commercial agreements allowing communication network operators to use public assets (including land and buildings of local authorities) must be compatible with State aid and all applicable financial requirements.
A Wayleave agreement should be reached before telecommunications, supply or fibre optic providers install their equipment and infrastructure on private land or new developments, but what does this process entail? So we answered 5 frequently asked questions about Wayleaves that I hope will help explain these sometimes misunderstood legal agreements.