Speaking ahead of Jeremy Hunt’s Spring Budget announcement, Paul Sams, Partner and Head of Property for Dutton Gregory Solicitors, said:

“We very much doubt this will be a Spring Budget to remember, but hopefully it’s not one full of missed opportunities. There are three simple initiatives that could have a transformative impact on the UK’s property sector, with every new transaction pumping circa £10,000 into the wider economy.

“As Help to Buy was self-funding, it should be reintroduced. The tightening of the original Help to Buy criteria – which was open to first timer buyers, as well as existing homeowners until two years ago – was a sensible change. The scrapping of Help to Buy entirely has made no sense. First time buyers are now scarcer than we have ever seen, so there is a danger of a generation of young people being denied accessible homebuying opportunities. Prior to a decade of Help to Buy, there was Home Buy Direct and First Buy, so how is it right that there is no longer a government initiative to make home ownership a possibility for those without a substantial deposit?

“If we want to see the UK’s homes become far more energy efficient, landlords need to be incentivised to make the investment into retrofitting eco-friendly technologies into their buy to let properties. There are some grants available, but the uptake is very low because of the complexity and red tape. A largescale residential property upgrade scheme could be rolled out, mirroring the simplicity of the 2020 furlough system. By seizing the opportunity to see millions of homes upgraded to an EPC-C performance, the Chancellor could deliver a very welcome shot in the arm to the property, construction, and manufacturing sectors, while also reducing the energy bills and carbon footprint of renters.   

“The climate of demonising buy to let landlords should also end. Modernising and upgrading buy to let properties has been far more scarce in the three years since landlords stopped receiving interest tax relief on their mortgage expenses. This is not beneficial to the wider economy.

“Our property conveyancing team has just received the highest number of weekly new instructions of the year. This number even exceeds March 2022, when the housing market appeared to be more buoyant. The media hype about a property downturn has now been proven to have been blown out of proportion. Now is the time for the Chancellor to reintroduce some much-needed levelling up and help vying first time buyers in the way that nearly 300,000 before them were given assistance to become homeowners.”   

Hampshire-headquartered Dutton Gregory Solicitors is a full-service legal firm for private and corporate clients. The multi-award-winning practice has offices in Bournemouth, Chandler’s Ford, Poole, London, and Winchester, with a new office launching in Liverpool.

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PHPD’s Kieran Nee finds out more about Wayleave Consent from Georgina Rudak, Head of Wayleave at Trenches Law.

Could you explain to readers what ‘Wayleave Consent’ is?
This is written permission granted by landowners for telecoms providers to install equipment on private land such as telegraph poles and cables or ducting and fibre.

Why is it important?
If they are an operator – and have code powers (via The Electronic Communications Code) – there’s a legal requirement for them to obtain a wayleave. Ultimately, this agreement is vital when you think that up to 30% of properties – in an average build project – require this consent.

Does wayleave consent affect every property? How do you know if your land is affected?
It concerns privately-owned property, so it doesn’t affect publicly maintainable land and highways. Sellers should declare if an agreement is in place as this also binds successors.

What are the implications for homeowners whose properties are subject to a wayleave agreement?
If a build requires an operator to cross someone else’s land to build, they will get in touch with the landowner or developer to obtain a wayleave so they can progress with the installation.

These agreements tend to be well structured and balanced, but it is a niche area of expertise that many owners might not know about. So, to ensure everything is done legally, it’s best practice to work alongside the operator and get the consent in place as soon as possible.

What should developers be aware of when it comes to wayleave consent?
It comes back to how I would always advise developers to liaise with operators from the very beginning. This is especially important if there’s any underground work that’s required because when everything is in place, this work can be carried out before roads have been fully resurfaced and homes have been built – meaning properties are connected straight away.

Are there particular areas that are prone to wayleave agreements?
Yes. As rural areas tend to have more private roads and farmland, there is a greater requirement here for wayleave consent to allow operators to reach as many homes and businesses as possible. So, it’s crucial for the owners to understand how they can help operators access land to build their networks so that they – and their neighbours – can benefit from the best possible broadband speeds. 

What can property developers do about any unwanted impositions resulting from a wayleave agreement?
If it comes to a point where a landowner disagrees with clauses within a wayleave agreement, I’d advise that they work in conjunction with operators to come to a mutually agreeable solution. There has been a lot of work carried out across the sector to help bring this partnership together.

The majority of wayleaves are fairly industry-standard now and follow a recognised structure, but there is the option to allow reasonable negotiation to take place.

With the government committing to delivering a minimum of 85% gigabit-capable coverage by 2025, landowners have to give permission in order to successfully roll out these plans.

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