Discovering telecoms equipment – such as rooftop apparatus installed by mobile network operators to boost urban coverage – on a redevelopment site can trigger unexpected costs and delays when the developer needs it gone. Under the Electronic Communications Code (ECC), registered telecoms operators have statutory rights to keep their equipment on private land, even overriding contractual agreements.

Landowners must give at least 18 months’ notice to terminate ECC rights, and an intention to redevelop is one of the few valid grounds for doing so if the development cannot proceed with the equipment in place. Once termination is achieved, removal of the apparatus falls under a separate ECC regime.

The challenge does not end there: if equipment is discovered without an active ECC agreement, operators can request a new one, leaving landowners with limited defences. While redevelopment is a defence, timing and ownership hurdles can undermine its effectiveness.

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