Openreach Community FTTP Query

Hi

I am new to the site and I'm hoping someone might be able to advise on my particular issue.

I have recently moved to a private road (freehold) where some (about half) residents (through the local residents association) clubbed together in 2017 to pay for installation of FTTP to their houses. My property was not part of the initial installation. However, upon searching for a new broadband contract I have been offered full FTTP by BT. My residents association is now seeking £2500 to cover their 'infrastructure build costs' - a cost I view as their 'early adopters' premium. Would they have a legal basis to charge me this amount (I signed up to no covenants / restrictions when purchasing the house). My understanding is that the infrastructure is owned by Openreach and my new ISP will pay for the cable to my house.

Any help / advice appreciated as £2500 is a sum I cannot afford at the moment and I am struggling with my current connection!

In reply to a post by BBGiraffe:

Hi

I am new to the site and I'm hoping someone might be able to advise on my particular issue.

I have recently moved to a private road (freehold) where some (about half) residents (through the local residents association) clubbed together in 2017 to pay for installation of FTTP to their houses. My property was not part of the initial installation. However, upon searching for a new broadband contract I have been offered full FTTP by BT. My residents association is now seeking £2500 to cover their 'infrastructure build costs' - a cost I view as their 'early adopters' premium. Would they have a legal basis to charge me this amount (I signed up to no covenants / restrictions when purchasing the house). My understanding is that the infrastructure is owned by Openreach and my new ISP will pay for the cable to my house.

Any help / advice appreciated as £2500 is a sum I cannot afford at the moment and I am struggling with my current connection!

Nice new neighbours eh!

Unless your conveyancing solicitor found there was a specific covenant or clause as part of your purchase contract or in the property deeds, then I think you’re entitled to tell them to jog on.

It’s like me trying to ask my neighbour now (who has native FTTP available to order) courtesy of my FTTPoD order several years ago to pay me a random sum of and whenever they decided to hook up to the FTTP outside their property. He’d tell me (quite rightly) where to stick it.

As far as it goes I just did them a future favour, but it’s no business of mine trying to extort money from them after the event.

I am no lawyer but my understand is the FTTP infrastructure is owned by Openreach even if if was gap funded by the local community. The fact that Openreach chose to also enabled your property while providing the infrastructure to their properties is irrelevant.

So no I would not pay them £2,500 and if they believe they have a legal right then ask them to prove it.

Edited by deleted (Thu 28-Jan-21 16:31:02)

Just ignore it. And continue to do so. They did NOT build the infrastructure BT/Openreach did.

As you have no covenants (assuming your solicitor was thorough) then what grounds do they have?

If they continue to push, ask them for evidence that YOU are personally liable and if they persist, pull in your solicitor and when they lose, send them a bill for his time/advice.

I've never lived on a private road, when you bought the house did you enter into any agreements / covenants with a residents association or management company?

I find it hard to believe anything like this would ever be enforceable... but I'm not a lawyer.

Even if you have covenanted to pay residents' association / management company fees for the upkeep of the private road and common areas, the detail will be key - does it allow for charging historical costs in such a way?

I suspect, even if there is an agreement to contribute to upkeep of the street or common area that it wouldn't provide for such charges.

Did you sign any covenants during the purchase process?

Even if they are tied to upkeep costs, then why are they asking the OP to pay rather than the previous owner of the house? In the conveyancing, there should have been a check that there were no outstanding fees or charges and if they were they would have been identified and the previous owner asked to settle.

How did your residents association even become aware that you were ordering an FTTP service?

depends whether you premise has its own DP or shared , it if has your own dp and was not included in the build (was this a personal funded build by the community) , you should not be able to order a service as your DP will not be enabled for fibre.

I paid for FTTPoD on my private road. By myself. It was rather expensive (this was done under the old 3 year minimum contract when they didn't look to enable neighbours).

I've since helped my neighbours convince Openreach to 'enable' their properties by complaining to Openreach CEO, etc. Now the whole postcode is enabled at no additional cost to them, and I think it's awesome! I would have paid for it anyway (as I did), and life is too short for slow broadband so couldn't be happier for them.

In reply to a post by Fastman3:

depends whether you premise has its own DP or shared , it if has your own dp and was not included in the build (was this a personal funded build by the community) , you should not be able to order a service as your DP will not be enabled for fibre.

CBT on the pole serving my place, also serves my nearest two neighbours. No one else on the private road can order native FTTP that I'm aware of, although it does pass several houses on the way to me - I'm at the very end.

My nearest two neighbours served by "my" CBT can order native FTTP as they wish. It's there and ready to go. I paid to get the FTTP fibre there, but as said I have no interest trying to extort money to pay for my install FTTPoD install cost from 2018. I would have asked them years ago had they been interested (actually those folks subsequently sold and its new folks, the other neighbour is a new build almost directly under the CBT).