B.T Grid on Property

luckyjim007

(Hello, I apologise in advance because I wasn't entirely sure where this should go on the forum.)  My Mother moved house around two years ago and on the drive is a BT grid underneath which I would imagine are some broadband/fibre cables.  Recently, she had a BT and Openreach engineer visit due to slow broadband speed, however, they didn't need to go into the hatch.  The grid has not really caused us any concern apart from the fact that it sticks up around an inch or two higher than the drive and we asked if it could be lowered.  The BT guy said he would look into it but told us not to park over it, because they might need access, or obvious not to park on it.  My question is therefore shouldn't these grids ideally be placed off private property?  Usually they are located on the pavement.   Who would I contact about it and shouldn't they have to pay for it to be placed there, or at least free broadband.  Would I need to contact the local council's planning department to see if the house was built after the grid was put in, I really have no idea, so any help would be very much appreciated.
King Regards 
James

Roland_Sausage

Yes they are usually placed on the pavement, but it looks like you don't actually have a pavement, and it has to go somewhere.
You can get it moved, but it will probably be at your expense, and the cost will probably be eye watering, as all the cables and ducts underneath will need to be rerouted.
https://www.openreach.com/network-services/altering-our-network
PS, it is a "footway cover", rather than a "grid".

littleboo

You won't be getting any free broadband, Openreach are not an ISP.

iniltous

There are occasions where , to make a more attractive street scene , the developer doesn’t provide a footpath, this arrangement is quite often seen at the head of cul de sacs ,  however ‘services’ have to go somewhere , and in the carriageway isn’t a good solution, so they provide a service strip.
In these areas someone’s front garden may appear to extend to the road , but the last metre of garden ( where a pavement may usually exist ) , isn’t actually the property owners land at all , even if it looks like it’s part of the garden, and is maintained as such.
Its possible , that this footway box is actually in a service strip , and if that’s the case it’s in ‘public’ land, not your mothers land, and the advice to not park on it , is the same as if someone parked on a regular footpath and covered a box lid with their car.

Its not clear from the photo if this is the case with your mother, but unless the box was built exclusively to provide service to your mothers house ( in which case asking for it removed would also remove her service ) , it’s likely it’s not actually within curtilage of your mothers property , a photo showing more of the surroundings may be helpful, or you could refer to the title deeds of the property.
Here is an example of one near me, the boxes are not in private land
https://goo.gl/maps/VCVx3KyxVWvqvPGa8

JJ_Egan

The property was bought with this in place .

Browntoa

Bt openreach have the legal right (rarely used) to put poles and equipment absolutely anywhere if they show a technical requirement and there are no alternative. I have one of those in the middle of my garden out front  , unless I pay to get it moved it will always be there.

Chino

Browntoa said:

Bt openreach have the legal right (rarely used) to put poles and equipment absolutely anywhere if they show a technical requirement and there are no alternative.

Evidently that isn't the case otherwise there would be no need for Openreach to enter into wayleave agreements with land/property owners:
Obtaining wayleaves

Unless you care to quote the legislation that you're referring to?

molerat

Chino said:

Browntoa said:

Bt openreach have the legal right (rarely used) to put poles and equipment absolutely anywhere if they show a technical requirement and there are no alternative.

Evidently that isn't the case otherwise there would be no need for Openreach to enter into wayleave agreements with land/property owners:
Obtaining wayleaves

Unless you care to quote the legislation that you're referring to?

Yes, but .......

• What if I don’t want to sign the wayleave?

  Please talk to us about your concerns and seek legal advice if necessary. We do have some legal powers under the Electronics Communication Code that mean we can gain consent via the court to install apparatus on your land. But we don’t want to use these unless we absolutely have to, and we will make best endeavours to explore all alternative options available to us.

onomatopoeia99

Chino said:

Browntoa said:

Bt openreach have the legal right (rarely used) to put poles and equipment absolutely anywhere if they show a technical requirement and there are no alternative.

Evidently that isn't the case otherwise there would be no need for Openreach to enter into wayleave agreements with land/property owners:
Obtaining wayleaves

Unless you care to quote the legislation that you're referring to?

Almost certainly section 106 of the communications act 2003, the so-called "code powers" granted by OFCOM to operators of telecommunications networks.  Which is what molerat was referring to above.

Rodders53

There will either be a wayleave for it on the property or it's in a service strip of land or (like the one we have) it's in the service strip / footpath that was never actually made up to be a footpath by the developer, so is grassed and looks to be my garden to the uninformed. 
Two houses have their water meters close by the BT cover in the 'footpath' but not really near the two houses at all.  the footpath / strip is clearly outside my freehold land marked in red on my Land Registry plans. (I am lumbered with cutting the grass though to keep it looking neat).

Check out the deeds and plans for the property?  It may then all become clearer.

Roger.Wilco

luckyjim007 said:

...  My question is therefore shouldn't these grids ideally be placed off private property?  Usually they are located on the pavement.   Who would I contact about it and shouldn't they have to pay for it to be placed there, or at least free broadband. 

As it mentions here: https://www.gov.uk/guidance/guidance-on-access-agreements

• The government expects most agreements relating to the installation and maintenance of digital communications networks to be reached on a consensual basis. Where this is not possible, or where disagreements about an agreement arise, either party can apply to an independent tribunal for the dispute to be resolved. Measures available to the tribunal include powers to impose an agreement in certain circumstances and to determine, for example, what rights the operator should be allowed and how much the operator should be required to compensate.

From here: https://www.openreach.com/help-and-support/obtaining-wayleaves

• Will you pay me for a wayleave on my land?

  Yes, but only if the wayleave is for apparatus on your property that will provide service to a third party. This is someone who you’ll be legally unrelated to. We have standard rates which you can ask to see.

What normally happens is that the infrastructure is installed at the time the housing estate is established.  Any wayleave agreements are agreed at that time.  Usually between the telecoms operator BT/TalkTalk/Vodafone etc.. and the developer.  When agreeing a wayleave - you can elect to receive a once-off upfront payment - or an annual payment for perpetuity.  Developers will typically take the once-off upfront payment.  Once the land is sold-on the wayleave agreement will already be in place and the subsequent landowner will not be eligible.   In addition if the infrastructure provides or supports any of the telecoms services that are utilized by any facilities upon that land - then any wayleave payment is not applicable.

Would I need to contact the local council's planning department to see if the house was built after the grid was put in, I really have no idea,

The council probably doesn't know anything about it...  If you wish to get more info regarding the infrastructure on your land - there will be a brass tag with a number stamped on it.  Take a note of the number and take a few photos and complete the following form and follow the instructions.

• If you're the land owner and would like more information about apparatus on your land

  Please complete the OFCOM statutory code notice (Paragraph 39(1)) in full.  You can download the form from the Ofcom Templates notices page and then email us with the information.