Digital infrastructure projects (fibre rollouts, data centre builds, tower deployments) need commercial and regulatory structuring from day one. A necessary precondition is obtaining Code Powers from Ofcom. Without Code Powers, the developer cannot exercise rights under the Electronic Communications Code to install and maintain apparatus on land. The application process typically takes 6-9 months and requires the applicant to put in place a bond or guarantee covering liabilities to landowners and the public. We advise on Code Powers applications, project structuring, funding documentation, landowner negotiations, planning strategy and the operational framework needed to go live. Industry experience matters because the issues are interconnected: the timeline for obtaining Code Powers determines when you can negotiate land access, which determines the construction schedule, which determines when you need systems in place for Ofcom compliance, which determines your go-live date and revenue model. Most project developers underestimate how early these need to be addressed.

Why regulatory compliance is front-loaded

Most regulatory work must be completed before construction begins. Code Powers must first be obtained from Ofcom through a formal application under section 106 Communications Act 2003. The applicant must provide financial security (a bond or guarantee) covering liabilities to landowners and the public. The application process takes 6-9 months. Only once Code Powers have been granted can the developer exercise rights under Schedule 3A to install and maintain apparatus on land, either by agreement with the landowner or, if agreement cannot be reached, through an application to the county court or Upper Tribunal (Lands Chamber) under paragraph 20 of Schedule 3A (3-6 months uncontested; 12-18 months if contested).

Planning consent under the Town and Country Planning Act 1990 typically takes 8-13 weeks. In sensitive areas, planning authorities may seek additional environmental information, extending the timeline to 6-12 months. Planning conditions can restrict antenna deployment, require screening or impose post-construction monitoring.

Ofcom General Conditions apply from first customer connection. The General Conditions cover a range of obligations including contract requirements (GC C1), billing and metering (GC C3), number portability (GC B3), access to emergency services (GC A3) and complaints handling (GC C4). Compliance typically requires systems investment (billing, service management, emergency call routing) that must be budgeted and delivered before go-live.

Data centre operators may be designated as critical third parties under FSMA 2023. If designated, the operator must comply with detailed operational resilience and incident reporting obligations.

Where clients get it wrong

Timeline failures occur because developers do not factor regulatory approval timelines into the project schedule. A fibre developer may plan 12 months from start to first customer. That does not account for the Ofcom Code Powers application (6-9 months), followed by landowner negotiations or tribunal proceedings to exercise those Code Powers (3-6 months uncontested), and planning consent (8-13 weeks). If any stage is contested, the entire timeline slips.

Cost failures occur because General Conditions compliance requires investment in billing systems, service management and emergency call routing. Developers routinely underestimate the systems investment needed for Ofcom compliance, sometimes by a factor of three or four.

Security classification can catch developers off guard. Once operational, DSIT may classify the infrastructure under the Telecommunications (Security) Act 2021, requiring changes to the operational model, supplier management and cost structure that were not factored into the original project plan.

Common issue	Better approach
Code Powers application timeline underestimated	Six to nine month Ofcom application timeline built into project plan
Landowner negotiations started too late	Three to six month negotiation window factored into critical path
Planning consent treated as routine	Eight to thirteen week determination period with permitted development assessment
General Conditions compliance costs underestimated	Investment in billing, service management and emergency routing budgeted from inception
DSIT security classification discovered post-build	TSA 2021 engagement initiated during planning phase

What good looks like

A well-structured digital infrastructure project integrates commercial and regulatory planning from day one. Bratby Law advises on the commercial structure before heads of terms are finalised: landowner negotiations and Code Powers strategy, planning approach, funding documentation, operational readiness and go-live planning.

We bring industry context from advising operators, developers and funders across UK digital infrastructure. We understand how the regulatory requirements interact with the commercial timeline, so we can advise on sequencing and identify where regulatory approvals sit on the critical path.

How Bratby Law helps

• Code Powers applications: advising on the application to Ofcom for Code Powers under section 106 Communications Act 2003, including preparation of the application, structuring the bond or guarantee, and managing the 6-9 month timeline; once Code Powers are granted, advising on exercising Code rights under Schedule 3A including voluntary agreements with landowners, paragraph 20 applications to the county court or Upper Tribunal, and interim Code rights where the project timeline requires early access
• Planning strategy: advising on the planning application approach under the Town and Country Planning Act 1990, including permitted development rights for telecoms apparatus, pre-application engagement with planning authorities, and managing planning conditions that could restrict deployment
• Project structuring and funding documentation: advising on the commercial structure of infrastructure projects, drafting and negotiating build contracts, IRU agreements, capacity purchase arrangements and funding documentation for debt and equity investors
• General Conditions compliance programme: identifying which Ofcom General Conditions apply to the project, specifying the systems and operational procedures required for compliance, and setting out the timeline and budget for implementation before go-live
• TSA 2021 compliance: advising on the security duties and supply chain requirements under the Telecommunications (Security) Act 2021, including tier classification, security measures for the operational model and the implications for supplier management
• Landowner negotiations and wayleave agreements: negotiating wayleave terms, access agreements and site licences with landowners, managing the interface between voluntary agreements and statutory Code Powers, and advising on the consideration payable under the revised Code valuation framework
• Regulatory risk assessment for funders: providing infrastructure investors and lenders with a regulatory risk assessment covering Code Powers, planning, General Conditions and security obligations, integrated into the project financial model

Rob Bratby advises infrastructure developers, operators and funders on the commercial and regulatory structuring of digital infrastructure projects, bringing experience from Oftel, Ofcom and General Counsel roles at telecoms operators. Bratby Law is ranked in Chambers UK (Band 2) for telecoms and recognised as a Legal 500 Leading Partner.

Frequently asked questions

What is the typical timeline for a fibre rollout from planning to go-live?

Eighteen to twenty-four months is realistic for a well-planned rollout. The critical path typically runs: Ofcom Code Powers application (6-9 months), site surveys and planning applications (8-13 weeks, which can run in parallel with the Code Powers application), landowner agreements or tribunal proceedings to exercise Code Powers (3-6 months if uncontested), construction, systems implementation for General Conditions compliance (8-12 weeks), and go-live. Contested landowner proceedings or planning refusals can add 6-18 months. We advise on sequencing to minimise the risk of regulatory delays sitting on the critical path.

How early should we engage with DSIT on security classification?

Consider engaging with DSIT during the planning phase. If DSIT classifies your infrastructure under the TSA 2021, the security duties and supply chain requirements will affect your operational model and cost structure. Understanding the likely classification early helps you plan accordingly.

What is a General Conditions impact assessment?

An analysis of which Ofcom General Conditions apply to your infrastructure and what systems and operational procedures are required for compliance. It identifies relevant conditions, sets out requirements and estimates cost and timeline.

Can planning conditions prevent us from deploying antennas as planned?

Yes. Planning authorities can impose conditions restricting antenna deployment. Engage with planning authorities informally before submitting the application. If a condition is unacceptable, a planning variation adds 4-6 months.

What happens if Code Powers are contested after we have invested in design?

If the landowner will not agree terms, you can apply to the county court or Upper Tribunal under paragraph 20 of Schedule 3A (6-18 months). This assumes you already hold Code Powers from Ofcom. If you do not yet have Code Powers, that application must come first. Identify potential land access issues early and begin the Ofcom Code Powers application as soon as the project is committed.

Do we need to comply with General Conditions before we go live?

Yes. General Conditions apply from first customer connection. Have systems and procedures in place at least 8 weeks before go-live.

Related transactions pages

See also our other transactions pages:

• Mergers and Acquisitions
• Private Equity
• SaaS and Cloud Services
• Subsea Cables
• MVNOs and MVNEs
• Interconnection, Peering and Access Agreements
• Network Sharing and Co-location Agreements
• Data Commercialisation and Licensing
• NSIA Clearances

Independent directory rankings

Our specialist expertise is recognised in major independent legal directories:

• Chambers & Partners: Rob Bratby is ranked as a band 2 lawyer in the UK Guide 2026 in the “Telecommunications” category: Chambers
• The Legal 500: Rob Bratby is listed as a “Leading Partner – Telecoms” in London (TMT – IT & Telecoms): The Legal 500
• Lexology: Rob Bratby is featured on Lexology’s expert profiles as a Global Elite Thought Leader for data: Lexology