Hi Ben Answering this using experience of being on the other side of the table (my company is, amongst other things, building an FTTH network):
We would not normally require, and in fact would be very concerned, if a customer wanted to enter into a wayleave prior to any site visit. Whilst it is helpful to know how a customer, or their landlord, expects to proceed I would not waste the time or cost going through the process of actually getting something in place until I was sure a project was going ahead. It’s a bit concerning in fact that anyone would want to go down the road of granting rights that could be exercised at any time in the future. As some more general background, we don’t even necessarily require a wayleave at all in these kind of situations. Often management companies, business park owners, land owners, etc are reluctant to enter into anything that could complicate matters for them in the future. We do have a ‘license to install’ document however which is the very minimum we expect to be signed by someone who can demonstrate authority to do so before work commences. Essentially it just says we are allowed to install in a building/land, that they will take reasonable steps to avoid damage, but that it is a one-time thing and we have to ask them again if we ever want to come back (eg for maintenance). I would also suggest you check the details in your head lease (assuming you own the flat). Often there will be a clause something like you 'have the right to free passage of water, sewage, gas, electricity, telephone’ and, depending on how clean you want this to be, you can either state that broadband is a 'telephone service' and/or if you are really lucky it may say go as far as to include 'other services’. HTH Chris > On 14 Jan 2020, at 15:39, Ben Oliver <[email protected]> wrote: > > There's an ISP in my area looking to install fibre into the block of flats I > live in. Currently we only get ADSL, and that doesn't seem set to change any > time soon. > > I've tried speaking to the managment company about letting them do a site > visit to see if it is viable, but the management co. are saying they need a > wayleave in place before this can happen. > > My understanding is that the wayleave is requirement to install equipment, > not for a preliminary inspection (which could lead to nothing). > > Does anyone have any experience with this? Is it normal for a wayleave to be > signed when there are no concrete plans to move forward yet? > > Thanks > > Ben
