The vast majority of the UK’s network and telecommunications infrastructure is located on private land. To build (and maintain) a full-fibre network in your commercial building, fibre cabling may need to run through private, communal and third-party areas.
You need authorisation to do this, which is granted through a wayleave agreement. Securing these agreements can be one of the most complex and time-consuming obstacles in a commercial fibre installation.
According to the government’s Future Telecoms Infrastructure Review, in London alone 7,500 commercial tenants have missed out on super-fast broadband connectivity because of failure to agree wayleave.
Having connected over 200 buildings and 2,750 office spaces with full-fibre since 2016, we know better than most how wayleave agreements work and how to navigate them effectively.
What is a wayleave agreement?
A wayleave agreement is a legal contract between the owner of some land (the grantor) and a service provider (the grantee) to allow the provider to access the land to install and maintain infrastructure, such as fibre cabling.
In return for granting right of access for a duration of time, the grantor usually receives a one-off payment from the provider. Occasionally, annual payments are negotiated.
The wayleave will specify the type of agreement, termination rights, access rights and any reinstatement obligations.
How long do wayleave agreements last?
When it comes to fibre installations, most wayleaves are indefinite, meaning they are open-ended and stay in place until one party services notice. This notice period is specified in the contract with a termination clause – it is usually at least 12 months.
In some instances, a fixed-term wayleave agreement can be negotiated. This will give access for a specified amount of time, such as 5, 10 or 15+ years. These are more common where a building may be due for redevelopment or repurposing at a future date.
Because wayleaves are only classed as temporary, a permanent wayleave (or ‘easement’) may be more suitable for some infrastructure projects – these are registered with HM Land Registry and give legal rights to the land.
Naturally, permanent wayleaves are far more complex and costly. They’re usually unnecessary in the case of commercial fibre deployments.
Can wayleave agreements be terminated?
Yes, but only in line with the terms of the contract. Indefinite wayleaves can only be ended with notice which, as mentioned, is outlined in the agreement.
To ensure the long-term value of the agreement for both parties, some wayleaves may include clawback (repayment) clauses if the agreement is cancelled early.
If your agreement is a permanent wayleave, then termination is typically impossible unless there is mutual agreement or some sort of legal intervention.
How much does a wayleave agreement cost?
It’s challenging to be specific, but costs can range from £500–£5,000+ to secure an indefinite fibre wayleave for a commercial building.
The size and value of the property, the scale and complexity of the installation (for example, how much internal cabling or disruption is involved) and the level of access required all affect cost.
In the case where annual payments are agreed, these can range from £200–£2,000+ per year.
Do I need a wayleave agreement?
If the fibre cabling to your property crosses any private, shared or third-party land, then you’ll need a wayleave agreement. It’s as simple as that.
HM Land Registry can be used to confirm land ownership. You could also ask your fibre network provider (like Optinet) to assist. We’ll also be able to help with the other formalities, including supplying agreement templates, negotiating terms and coordinating signatures.
Is it easy to get a wayleave agreement?
Securing wayleave for a commercial property is usually a straightforward process. If there are no major disputes, then it can be a matter of days or weeks.
Delays usually happen when there are multiple stakeholders involved, such as freeholders, leaseholders, managing agents, and other utility providers. Land ownership may be unclear and there may be disputes over payments or access.
In these complex cases, securing wayleave can take several months.
Optinet: taking the worry out of wayleaves
Over 6 in 10 commercial landlords in the UK have already taken steps to improve their connectivity. If you haven’t already joined them, it’s not too late – but you need the right people on your side.
Since being founded in 2016, we’ve implemented full fibre network solutions in thousands of office spaces, including highly complex projects on behalf of some of the UK’s most prestigious buildings and organisations.
We bring a unique understanding of the pain points and challenges faced by landlords, owners, developers and management teams.
Register your building and let our expert team take things from here.