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Original poster

Wayleave Agreement

13 replies

Shinji78 · 01/08/2024 16:08

I own an apartment flat and I want to upgrade my Internet conection to fast broadband.
This technology has been already installed in my neighborhood and providers such as CityFibre says fibre is available according to my postcode.

Next step is to provide them with a wayleave agreement so they can install and maintain their equipment in the building, I own my flat, but I do not own the entire building. As far as I know, that cost 0£ to my neighbours

The problem I am having is I don't know how to provide them with that wayleave agreement. I have never seen one.
I contacted them asking for information, but got no response.
I also contacted my factor, but they are incompetent.

CityFibre has no email or telephone number I can contact (just a form I sent and got no answer as I mentioned), so I am basically stuck at this point.

I had already signed a contract with Vodafone as my new Internet provided but they had to cancel it because I was the first person willing to have fibre in the building and they needed the wayleave agreement first.

What can I do?

OP posts:
Rollercoaster1920 · 01/08/2024 16:13

That is a freeholder / management company / ?Factor? question. They would need to provide approval for a new cable to run over their property.

sweetpickle2 · 01/08/2024 16:13

I have dealt with a wayleave agreement before, but for an office building- it's because the wires etc have to go through communal areas like lift shafts.

It will be up to the person who owns the building to organise and sign off.

Original poster
Shinji78 · 01/08/2024 16:56

Thank you, but how do I find out who is the owner of the building?
For example, say I live at 1/3, 107 Random Street.

HM Land Registry will provide me information about who owns 1/1, 1/2 and 1/3, but not the owner of the building (comunal areas, etc)

OP posts:
Another2Cats · 01/08/2024 17:14

Do you own a share of the freehold? Or do you just own the leasehold?

If you own a share of the freehold then you should already know who else jointly owns the building along with yourself.

If you just own the leasehold then the documents you already have should tell you the name and address of the freeholder. This will be the person or company that you are paying your ground rent or service charge to.

midgetastic · 01/08/2024 17:28

The factor should be responsible

Can you make it easy for them and just send them something to sign ?

Also worth asking if others in the flats would like to have fibre because the more of you who chase the factor the better

Flubadubba · 01/08/2024 18:31

Do you own the flat leasehold or freehold? Who do you pay your ground rent/service charges to? That should tell you who to speak to.

Original poster
Shinji78 · 02/08/2024 13:57

Flubadubba · 01/08/2024 18:31

Do you own the flat leasehold or freehold? Who do you pay your ground rent/service charges to? That should tell you who to speak to.

I own my flat freehold.
Comunal charges such as lift maintenance, comunal areas cleaning, etc are paid to my factor, but that doesn't make them owners of the building, right?
They are just managing shared expenses between my neighbours.

OP posts:
sweetpickle2 · 02/08/2024 14:38

If you own a share of freehold, you are the owner of the building along with the other people who live there and own the share of the freehold. So you can contact them and collectively sort the wayleave agreement (assuming they all agree).

TheRoseTurtle · 03/08/2024 22:06

I think the OP is in Scotland, where tenure of flats is different (they don't have leasehold). OP, if your factor is not dealing with this, contact your council. They have the power to enforce repairs in blocks, so they might also have some relevant powers that would be helpful to you here. Or at least some advice.

Ginmonkeyagain · 04/08/2024 07:23

A wayleave is a legal agreement that gives the broadband company the right to access and install wires in your property (including possibly drilling holes in walls).

Do you have the right to grant that permission for the communal areas of your block of flats? If not, you need to find out who does have the power. It could impact your nrighbours and have implications for fire stopping so needs to be done properly.

I am in England and our block is share of freehold. The freehold company had to give permission, as chair of the freehold company, I signed the wayleave but no individual flat owner would have been able to.

Original poster
Shinji78 · 05/08/2024 18:26

Ginmonkeyagain · 04/08/2024 07:23

A wayleave is a legal agreement that gives the broadband company the right to access and install wires in your property (including possibly drilling holes in walls).

Do you have the right to grant that permission for the communal areas of your block of flats? If not, you need to find out who does have the power. It could impact your nrighbours and have implications for fire stopping so needs to be done properly.

I am in England and our block is share of freehold. The freehold company had to give permission, as chair of the freehold company, I signed the wayleave but no individual flat owner would have been able to.

Can you tell me how was the wayleave you signed? Who wrote it? What did it say?
I have never seen that

OP posts:
Ginmonkeyagain · 05/08/2024 19:22

The broadband company wrote it - they generally use a standard template agreement. It looks like a legal document.

It essentially gives them permission to access your property and run their wires through it. It also gives them permission to access the area for repairs.

So you can only sign it if you are the owner of the property or empowered to act on their behalf.

Original poster
Shinji78 · 06/08/2024 14:02

Thank you!

OP posts:
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