Over recent months we have completed new Code agreements on three telecoms rooftop sites throughout the UK. The transactions have involved a vacant office building, a busy industrial estate and a care home.
With operators having the right to gain internal access to buildings to reach their rooftop equipment, each client stated that careful consideration of their occupants was of utmost importance during our negotiations for a new Code agreement at their premises. Issues included ensuring a vacant building that was ripe for future development, remained secure and insurance-compliant, that users of an estate had unencumbered access to their units and guaranteeing the protection of vulnerable residents was upheld.
In each of these transactions, once we had set out the “real term” scenarios at each of these buildings and the likely adverse impacts that could occur if an operator pressed for their Code rights, the respective operators agreed to change their stance. More often than not, we find that when an operator is made entirely aware of such unique situations, they will seek to reach an amicable compromise as part of early negotiations in order to retain good working relationships with site providers.
As the operator’s contractors had to access their equipment through the empty office building, until it became occupied again the operator agreed to report any concerning issues noted during visits to our client as well as agree to indemnify them against potential break-ins following visits which may leave the building unsecure.
Agreement to restrict scheduled site visits to out of usual business hours at the industrial estate and general equipment inspections to be made by drones resulted in increased costs to the operator but minimised disruption to our client and their other tenants.
