Telecoms Code valuation change and dispute forum transfer go live April 2026

Details of the secondary legislation were published on 15 December following a technical consultation on the implementation of the Product Security and Telecommunications Infrastructure Act 2022, carried out earlier this year.

Although the act received Royal Assent on 6 December 2023, further regulations were required to enable most of its provisions to come into force. 

Following the consultation, the government has introduced two major changes for telecoms renewals. Firstly, as proposed, the government will alter the valuation mechanism under the Landlord and Tenant Act 1954 framework to the ‘no network’ valuation model seen under the 2017 Electronic Communications Code.

This model, sometimes referred to as the “no-network assumption principle”, means that rent is calculated based on the value of the land without accounting for its value as a telecoms site.

The First-tier Tribunal (Property Chamber) will also become the new forum for disputes affected by these changes in England. The government expects the necessary changes to Tribunal rules and practice to be implemented to support the extension of jurisdiction for certain 1954 Act cases to enable the specialist FTT to hear these cases, which are currently dealt with by the more generalist County Courts. These changes will come into effect on 7 April 2026, allowing both the tribunal sufficient time for procedural alignment and for stakeholders to understand how these changes will affect agreements, the government said.

From this date, the changes will alter the financial terms on the renewal of certain types of leases under part 2 of the 1954 Act in England and Wales and the Business Tenancies (Northern Ireland) Order 1996 in Northern Ireland, by replacing the valuation frameworks that currently apply with provisions that mirror those enshrined in the Electronic Communications Code.

Commenting on the changes, Ian Morgan, property and telecoms disputes expert at Pinsent Masons, said: “This is an exciting and significant shift involving the implementation of the reforms to the 'new' Electronic Communications Code. While the direction of travel is clear, the practical impact will depend on how the FTT rules bed in and how negotiations adapt. For now, the prudent course is to review portfolios and identify cases that may straddle commencement.”

The changes are expected to speed up the delivery of new digital infrastructure in the UK and streamline dispute resolution between site providers and landowners. The changes will affect renewal negotiations and rent levels and businesses will need to identify any leases that are potentially affected by the Renewal Provisions and ensure compliance with procedural changes that will come into effect from 7 April 2026.

Alicia Foo of Pinsent Masons said: “On a practical level, any changes which move the forum for review to the Tribunals system are most welcome.”

In its 10 year infrastructure strategy (106 pages/3.9 MB), published in June, the government said implementing the remaining provisions of the Act would be an essential step towards speeding up the  commercial deployment of new telecoms and digital infrastructure across the UK.