Shout it from the rooftops: key factors for telecoms leases on high-rises 

Mobile phone masts are everywhere. You can find them in farmers’ fields, on the side of a street and on the rooftop of buildings.  

We all rely on them daily but, if you are the landowner of an affected building, there are things you need to consider when it comes to how a phone mast impacts your statutory obligations in managing your property.  

The Building Safety Act 2022 (the BSA) and the Energy Efficiency (Private Rented Property) (England and Wales) 2015 (as amended) (the MEES Regulations) are two relevant considerations which are affected by the installation of a phone masts. 

The BSA 

The BSA was introduced following the investigations that took place in the wake of the Grenfell fire disaster. It is a complex statute which introduces a major shift in the way that landlords are expected to manage the safety and durability of their buildings. As part of this, it contains specific provisions in relation to what it terms ‘higher-risk buildings’ (HRBs). 

HRBs are, generally speaking, buildings which are a minimum of seven storeys high and contain at least two residential units. Accordingly, then, the definition will almost always apply to high-rise urban apartment blocks. 

In respect of HRBs, documents known as Safety Case Reports (SCRs) are now required, setting out the building safety risks which come with HRBs and how these are being managed. SCRs are required to be maintained not only to address the initial findings of comprehensive risk assessments, but also to demonstrate continued dedication to keeping HRBs safe and minimising future risk. 

Although the initial date for putting together a SCR was April 2024, this has activated a raft of further work for landlords relating to fire safety upgrades and other health and safety considerations, which could trigger the need for replacement cladding and roof materials, amongst other changes to HRBs.  

The MEES Regulations  

The MEES Regulation require landlords to have minimum energy efficiency ratings in their rental properties (subject to exemptions). 

These requirements differ as to whether the property is residential or commercial. The current required energy efficiency rating for residential properties is ‘E’, with landlords being required to reach a minimum standard of ‘C’ by 2030. When it comes to commercial properties, the current required standard is also ‘E’, but this is set to increase to ‘C’ on 1 April 2027 and to ‘B’ by 2030. 

Current statistics show that there is a long way to go with making buildings compliant with these aspirations. 

Accordingly, whether you are a landlord of a high-rise apartment block, or of offices, the MEES Regulations are likely to be on your radar as something which may result in various improvements being required to your properties in the coming months and years. 

Most landlords and property owners are finding the new rules difficult to navigate. It becomes even harder, though, for those with the added complication of having mobile phone masts on their roof. 

Phone operators have statutory protection under the Electronic Communications Code, meaning that you cannot require these organisations to move their equipment quickly or easily. In lots of cases, there is no right within existing mobile phone mast leases for the landowner to force a move of the equipment during the lease term. In this situation, a landowner can find themselves stuck, with no ability to do the works and comply with the legislation. Alternatively, even where a right exists, it quickly becomes overly complicated. This all needs to be thought about when granting leases to mobile phone companies to ensure that the necessary rights and protections are included from the outset.  

The key points to consider are: 

1. Lift and shift clauses 

Including a lift and shift clause in a rooftop lease is very important. It ensures that a landowner can ask the phone operator to move their equipment when roof works are needed.  

These clauses are not always easily negotiated, and it can be difficult to cover off all potential future scenarios. The clause needs to explain how much notice should be given for a lift and shift to happen, that all works should be at the phone operators’ cost and that the phone company may have to temporarily remove their equipment altogether if the whole roof needs replacing, for example.   

2. Break clauses 

The other option for landlords who need to carry out work to their properties and who cannot do so whilst telecoms apparatus remains in situ is, of course, bring the mobile phone mast lease to an end.  

In order to do this within the life of the lease, it is essential to negotiate a redevelopment break clause which gives a landowner as much flexibility as possible in achieving this aim. 

3. Access 

Managing access through the building to the roof and managing the works on the roof can prove to be a headache.  

The phone operators often do not share information willingly and so landowners find it hard to obtain full details of the proposed works. This makes it difficult for a landowner to comply with its BSA obligations.  

As a landlord, you need to keep a complete record as to what works are happening at the building and when, as well as ensuring that you consider the impact on the fire risk assessment. The lease needs to make proper provision for this to ensure that the phone companies are obliged to provide the necessary information for you to comply with your statutory obligations. 

Conclusion 

It goes without saying that the requirements of the BSA and the MEES Regulations are not going away.  There will also no doubt be other emerging legislation which requires similar complex consideration and financial investment from landlords.   

None of this sits easily with phone mast installations. For phone operators, the focus is on running their mobile networks, rather than on the needs of a landowner need to comply with its statutory requirements. Getting a proper lease in place can help minimise the risk of conflict.  

If you need any help with the negotiation of a new telecoms lease which works for you, please do not hesitate to get in touch with our dedicated team, who will be happy to assist.