Legal access agreements

Sometimes a legal agreement needs to be in place to install faster broadband services (for example full fibre connections). This legal agreement is called a wayleave. It is required when telecoms providers need to access, or cross, private land or property.

Wayleaves are usually needed for:

• connecting flats or apartments with faster broadband
• crossing private land

Without a signed wayleave, telecom providers cannot connect the affected properties with faster broadband services. This means that these properties will either not be upgraded from telecoms providers or experience delays in being connected.

The law has recently changed to help providers install faster broadband. Changes include:

The Digital Economy Act 2017

This is often called ‘The Code’. It gives providers the legal right to install equipment on private property. IT also stops people from only giving access to one or two providers.

Read the Digital Economy Act 2017

Telecommunications Infrastructure (Leasehold Property) Act 2021

This lets courts grant access if landlords do not respond. Property owners or landlords could face costly legal action if they don’t respond.

Read the Telecommunications Infrastructure (Leasehold Property) Act 2021

Kent Wayleave Toolkit

We’ve developed this toolkit to help landlords, landowners and telecom providers install faster broadband where a wayleave is required.

It includes more information on:

• wayleave agreements
• the law
• the key things you need to consider.

Kent Wayleave Agreement Toolkit (PDF, 183.7 KB)

Appendix 1:

• Expression of Interest Form   (PDF, 128.1 KB)

Appendix 2:

• KCC Wayleave Agreement   (PDF, 266.3 KB)
• Landlord guidelines   (PDF, 230.2 KB)

Appendix 3:

• Kent Wayleave Personnel Contact Sheet   (PDF, 107.8 KB)

Appendix 4:

• Wayleave Process Map (PDF, 55.2 KB)