The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TILPA) gained Royal Assent in March 2021. The aim of TILPA is to support those living in blocks of flats and apartments, also known as multi-dwelling units, or MDUs, to access broadband services.

TILPA amended the Electronic Communications Code (set out in Schedule 3A to the Communications Act 2003) by adding Part 4A to the Code to create a new, bespoke process within the courts that operators can use to gain time-limited Code rights, i.e. imposition by the court of an agreement allowing the operator to provide an electronic communications service, with respect to a leased property, in instances where: (i) a leaseholder within the property has requested a service to be provided; (ii) the operator is unable to provide the service to the leaseholder without gaining access rights from the landowner; and (iii) repeated notices to the landowner have failed to receive a response. The scope of the Act covers multi-dwelling buildings, such as blocks of flats or apartments, only.

The Government has now published Guidance on Part 4A to assist users of TILPA and the two sets of implementing regulations, which are:

• the Telecommunications Infrastructure (Leasehold Property) (Conditions and Time Limits) Regulations 2022, referred to in the Guidance as the “Conditions and Time Limits” Regulations, which set out the conditions that the operator must satisfy to obtain the court order acquiring the time-limited Code rights to the property in question when making an application under Part 4A; and
• the Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations 2022, referred to in the Guidance as the “Terms of Agreement” Regulations, which set out the terms that the agreement between the operator and the landowner imposed by a Part 4A order must contain.

To access the Guidance, click here.