Operator Rights to Access Your Electricity Supply Explained

Updated September 2026. This article was reviewed and corrected in September 2026. We corrected how operators obtain rights to connect to a power supply (only by agreement or tribunal order), removed the suggestion of a general right over adjoining land, and updated the tribunal procedure and the redevelopment test.

When it comes to Phone Mast leases, both telecom operators and landlords must understand the extent of the powers granted to operators under the UK’s Electronic Communications Code. While many landlords are aware that operators can access land for their equipment, fewer realise that Code rights can also include connecting equipment to a power supply. Like other Code rights, these rights arise only by agreement or by order of the tribunal.

Operator Rights to Access Your Electricity Supply

The Electronic Communications Code, governed by the Communications Act 2003, grants telecom operators more power than many landlords expect. One of the most significant rights involves the ability to connect to an electricity supply. Where that right is agreed by the landowner or imposed by the tribunal, operators can connect Phone Mast equipment to a power source, ensuring the site remains operational. A right can be imposed even if the landowner objects, but only by a tribunal order after the test in paragraph 21 of the Code is met. It does not give operators a right to use your electricity free of charge.

Relevant Code Rights

Operators have no general right over adjoining land. Code rights must be agreed, or imposed by the tribunal, for the particular land concerned, and can include the right to:

• Connect to a Power Supply: Where this right has been agreed or ordered by the tribunal, operators can access your property to connect their equipment to a power supply. This right is critical for ensuring uninterrupted service and, once granted, is as enforceable as their right to install equipment on your land.

• Inspect, Maintain, and Repair Equipment: Operators can access the land to inspect, maintain, adjust, alter, repair, upgrade, or operate any electronic communications apparatus (ECA) installed on the site or nearby land.

• Share Equipment with Other Operators: Operators can enter the land to facilitate the sharing of equipment with other providers, helping improve network coverage and infrastructure efficiency.

When Can Operators Enforce These Rights?

If a landowner does not agree to grant Code rights within 28 days of receiving a notice under paragraph 20 of the Code, operators can apply to the tribunal (in England and Wales, the First-tier Tribunal (Property Chamber) or the Upper Tribunal (Lands Chamber)) for an order imposing these rights, having considered alternative dispute resolution where reasonably practicable. The tribunal will apply the test in paragraph 21 of Schedule 3A of the Communications Act 2003. For the application to be successful, the following conditions must be met:

• Financial Compensation is Possible: The landowner must be capable of being compensated adequately with monetary compensation.

• Public Benefit Outweighs Prejudice: The public benefit likely to result from the order must outweigh the prejudice to the landowner.

• Redevelopment Intentions: Under paragraph 21(5), the tribunal cannot make the order if the landowner intends to redevelop all or part of the land and could not reasonably do so if the order were made.

Operators can also seek temporary rights, for example to survey potential sites, under paragraphs 26 and 27 of the Code. If the landowner does not agree within 28 days of receiving notice, the operator can apply to the First-tier Tribunal (Property Chamber) or the Upper Tribunal (Lands Chamber), having considered alternative dispute resolution where reasonably practicable.

Implications for Landlords

For landlords with Phone Mast sites on their property, the possibility of operators seeking rights over adjoining land can raise concerns, especially if the neighbouring property belongs to the same landlord or if redevelopment is on the horizon.

• Electricity Supply Concerns: Perhaps the most surprising aspect for many landlords is that Code rights can include connecting to a power supply. This can result in increased costs and logistical challenges if not properly negotiated from the outset. If you have a mast on your building or land, a right to connect to a power supply can be imposed without your consent, but only by a tribunal order after the legal tests are met, and it does not entitle the operator to use your electricity free of charge.

• Potential for Redevelopment Disruption: If there are redevelopment plans that could be impacted by telecom equipment or power lines, it is crucial to raise these concerns early. The tribunal cannot impose rights if you intend to redevelop the land and could not reasonably do so with the rights in place, so keep clear evidence of genuine plans.

• Opportunity for Negotiation: While operators have legal powers, cooperating with them from the outset can often lead to more favourable commercial terms. By agreeing to access terms early, landlords can negotiate compensation and clarify responsibilities regarding power supply or maintenance access.

• Financial Compensation: Landlords can seek compensation for the use of their adjoining land, particularly when power supply connections are required. These costs can be included in the lease agreement to provide a fair financial return for the landowner.

Conclusion

Many landlords remain unaware that Code rights can extend to connecting to a power supply. Under the Electronic Communications Code, this right can be granted by agreement or, even if the landlord objects, imposed by the tribunal if the paragraph 21 test is met. However, landlords can still protect their interests by negotiating clear terms, seeking compensation, and understanding the scope of these rights from the start.

If you have concerns about access to adjoining land or the use of your electricity supply, our team at The Phone Mast Advice Company Ltd is here to help.

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