On 21 July 2025, Sir Chris Bryant, Minster of State for Data Protection and Telecoms, presented a speech to Parliament about accessibility to digital infrastructure and connectivity and announced a consultation on implementation of outstanding provisions of the Product Security and Telecommunications Infrastructure Act 2022 (the PSTIA). The speech touched upon the Government's recently revealed 10 Year Infrastructure Strategy.
The consultation will focus on unenacted parts of the PSTIA about upgrading and sharing of telecommunications equipment and related business tenancy renewals. However, notably, Sir Chris Bryant also stated that the consultation will cover the creation and implementation of a new right for leaseholders in blocks of flats to request a gigabit broadband connection from their landlord, with freeholders being under a duty not to unreasonably refuse consent to a request.
The proposed new right builds on the provisions in the Telecommunications Infrastructure (Leasehold Property) Act 2021 (the TILPA) whereby a telecommunications operator (Operator) can make a request for rights to provide services and install equipment in respect of the landlord's land from the First-Tier Tribunal (FTT) where a landlord does not respond or cooperate with the formal request process after a proscribed series of steps to obtain engagement by the Operator. An application to the FTT is not currently possible where a landlord objects.
The new procedure, pending consultation, would impose obligations on the landlord to consider such a request and to act reasonably in doing so. Presumably, a failure to respond or act reasonably could result in an order from the FTT granting the rights requested by the leaseholder and imposing an order on the freeholder to that effect, which could contain obligations as to access, installation and maintenance of equipment.
Until the details of the consultation are published, it is not known what rights it is proposed leaseholders (and Operators) might be able to exercise over freeholders' property and in what circumstances, for example, what would be needed to support an application, how related costs might be dealt with, what types of buildings might be subject to the right and how long such rights can be exercised. Increased access to digital connectivity and apparatus is a desirable and important commodity or service but the proposal will need careful thought, including the nature and location of equipment which is required for connectivity and how this might affect current and future uses of a building, so that plans for development and the delivery of new landlord services, for instance, would not be impeded.
Stakeholders are advised to familiarise themselves with the proposed rights and duties when the consultation is available and may wish to consider making representations in response to it.
For further advice please contact our team.
