- A wayleave is a legal agreement that lets a network operator keep apparatus such as a pole, cable or line on, over or under land it does not own.
- Openreach's rights to install and keep telecoms apparatus derive from the Electronic Communications Code, set out in Schedule 3A to the Communications Act 2003, as substantially reformed by the Digital Economy Act 2017.
- Under the Code an operator can apply to the courts (in England and Wales the Upper Tribunal) for Code rights where a landowner does not agree voluntarily.
- The 2017 Code reforms changed how consideration (payment) for Code rights is valued, moving toward a no-network valuation basis rather than open-market value.
- A distinction exists between a contractual wayleave, which can often be terminated on notice, and a registered legal easement, which binds the land more permanently.
A wayleave lets an operator keep a telephone pole on your land. Openreach derives these rights from the Electronic Communications Code. Refusal can be tested at tribunal, and removal follows a defined statutory process.
Last reviewed: June 2026
What a wayleave actually is
A wayleave is a legal permission granted by a landowner or occupier that allows a third party to install and retain equipment on, over or under that land. In the telecoms context the equipment is typically a wooden pole, the overhead lines strung between poles, underground cables, or a small cabinet. The wayleave does not transfer ownership of the land; it grants a right to keep apparatus there and to access it for maintenance. The operator remains the owner of the apparatus, and the landowner remains the owner of the land.
Wayleaves come in two broad forms. A contractual wayleave is a personal agreement between the parties, frequently terminable by notice, and it does not automatically bind a future purchaser of the land. A legal easement, by contrast, is a property right that can be registered against the title and runs with the land, binding successive owners. Which form applies has a significant bearing on how easily apparatus can later be moved or removed, so landowners are wise to check their title and any existing documentation before assuming a pole can simply be taken away.
How the Electronic Communications Code applies
The framework that underpins telecoms apparatus on private land is the Electronic Communications Code, contained in Schedule 3A to the Communications Act 2003 and substantially reformed by the Digital Economy Act 2017. The Code gives designated operators, including Openreach, a set of statutory rights known as Code rights. These include rights to install, keep, inspect, maintain, upgrade and, in defined circumstances, share apparatus on land. The policy aim behind the Code is to support the rollout and resilience of communications networks across the country.
Crucially, Code rights are not unlimited. They are granted either by voluntary agreement with the landowner or, where agreement cannot be reached, by an order of the Upper Tribunal (in England and Wales) on terms it considers appropriate. The Tribunal can impose Code rights against an unwilling landowner where the statutory conditions are met, balancing the public benefit of the network against the prejudice to the landowner, which cannot adequately be compensated in money. This is why a landowner cannot generally veto apparatus outright, but equally why the operator cannot act entirely without process.
Wayleave rights and process for telephone poles
The following table summarises, in general terms, the rights and steps that typically arise around a telephone-pole wayleave. It describes the mechanism set out in the Code and accompanying guidance rather than guaranteeing any specific outcome, which always depends on the facts and the documentation in each case.
| Stage | What it involves | Governing basis |
|---|---|---|
| Request for rights | Operator asks landowner to agree a wayleave | Voluntary agreement under the Code |
| Negotiation of terms | Consideration, access and duration are agreed | Code valuation framework |
| No agreement reached | Operator may apply to the Upper Tribunal | Imposed Code rights |
| Maintenance and upgrade | Operator accesses apparatus, may upgrade or share | Statutory Code rights |
| Removal or relocation | Landowner seeks removal via Code procedure | Code removal provisions |
The valuation point in the second row is significant. The 2017 reforms changed the basis on which consideration for Code rights is assessed, moving toward a no-network valuation that disregards the value the apparatus has to the operator's network. The practical effect has been to reduce the payments many landowners receive compared with the previous open-market basis, a change that has been the subject of considerable litigation in the Upper Tribunal.
What landowners can and cannot do
A landowner with a telephone pole on their land retains ownership of the land and can continue to use it for their own purposes, provided they do not damage the apparatus or obstruct the operator's lawful access. What a landowner cannot lawfully do is remove, interfere with, or cut off access to apparatus that is there under a valid wayleave or imposed Code right. Doing so risks legal action and liability for any damage or service disruption caused.
Landowners are entitled to be paid consideration for hosting apparatus and to recover certain compensation for loss or damage, although as noted the valuation basis changed under the 2017 reforms. They are also entitled to expect the operator to keep the apparatus in reasonable repair and to make good after works. Where a wayleave is contractual rather than a registered easement, the landowner may have a contractual right to terminate on notice, but terminating the agreement does not by itself entitle them to remove the apparatus, because the operator may then rely on its statutory Code rights and the Code's removal procedure must be followed.
If you want a pole removed
Removing a pole is not a simple matter of asking. Where apparatus is on land under the Code, the landowner generally has to follow the Code's removal procedure, which involves giving notice and, if the operator does not agree, applying to the Upper Tribunal for an order. The Tribunal weighs the landowner's reasons against the public interest in the network and the practicality of relocating the apparatus elsewhere. A landowner with a genuine, well-evidenced need, such as a planned development that cannot proceed around the apparatus, is in a stronger position than one objecting on preference alone.
Even where removal or relocation is agreed, the landowner is frequently expected to bear or contribute to the cost, because the operator did not choose to move the working asset. For that reason landowners contemplating removal often start by approaching the operator directly to discuss a negotiated relocation, reserving the formal Code procedure for cases where agreement fails. Taking professional advice from a surveyor or solicitor experienced in the Code is prudent given the technical valuation and procedural rules involved.
Frequently Asked Questions
What is a wayleave?
A wayleave is a legal agreement allowing a network operator to install and keep equipment, such as a telephone pole or cable, on land it does not own. It grants a right to retain and access the apparatus without transferring ownership of the land. Wayleaves can be contractual or take the form of a registered legal easement.
Can I refuse a wayleave for a telephone pole?
You can decline to enter a voluntary wayleave, but the operator may then apply to the Upper Tribunal under the Electronic Communications Code for the rights to be imposed. The Tribunal can grant Code rights against an unwilling landowner where the statutory conditions are met. A flat refusal therefore does not necessarily prevent apparatus being installed or retained.
Can I charge Openreach for a telephone pole wayleave?
Landowners are entitled to consideration for hosting apparatus, but the amount is governed by the Code's valuation framework. The 2017 reforms moved valuation toward a no-network basis that disregards the apparatus's value to the operator's network, which has generally reduced payments compared with earlier open-market valuations. The precise figure depends on the facts and any agreement reached.
What is the Electronic Communications Code?
The Electronic Communications Code is the statutory framework, set out in Schedule 3A to the Communications Act 2003 and reformed by the Digital Economy Act 2017, that governs operators' rights to install and keep telecoms apparatus on land. It provides for both voluntary agreements and rights imposed by the Upper Tribunal. The Code aims to support network rollout while balancing landowners' interests.
How do I get a telephone pole removed from my land?
Removal generally requires following the Code's removal procedure, which involves serving notice and, if the operator does not agree, applying to the Upper Tribunal. The Tribunal weighs your reasons against the public interest in the network. You may be expected to contribute to relocation costs, so many landowners first seek a negotiated arrangement directly with the operator.
