New build developments - delivering gigabit-capable connections: consultation

Annex A – Standard 4.14 Gigabit-ready physical infrastructure for electronic communications networks

Mandatory Standard

Every building and building unit must be designed and constructed in such a way that:

a. each building unit is equipped with a network termination point for a gigabit-capable public electronic communications network:

b. gigabit-capable physical infrastructure from a network termination point to a building access point or common access point is provided;

c. gigabit-capable physical infrastructure from a building access point or common access point to a network distribution point is provided within the curtilage of the development site; and

d. a means of connecting each network termination point to a gigabit-capable electronic communications network is provided, to the extent this is reasonably practicable.

Limitations

This standard does not apply to:

a. alterations to, or extensions of a building, other than major renovation works.

b. buildings having an area not exceeding 30 square metres, ancillary to and within the curtilage of a dwelling;

c. Standard 4.14(c) and 4.14(d) do not apply to non-domestic buildings.

4.14.0 Introduction

Digital connectivity plays an ever-increasing role in our daily lives. It has become an essential communication tool, enables remote study and work, and provides access to vital commercial and public services such as banking and local government. With increasing prevalence of digital services, use of “smart” technologies and media streaming platforms, ensuring Scotland’s new homes are able to connect to gigabit-capable digital communications networks has never been so important.

Coverage of gigabit-capable broadband within Scotland is increasing through a combination of commercial investment by operators and public subsidised programmes such as the Digital Scotland Superfast Broadband (DSSB) programme and Reaching 100 (R100) programme. New build development represents an opportunity to ensure that future-proofed connectivity is available at the outset to all new households.

Telecommunications is a reserved matter under the Scotland Act 1998 and the UK Government have taken steps to reduce barriers to deployment of telecommunications infrastructure. Reforms to the Electronic Communications Code (Schedule 3A of the Communications Act 2003) are making it easier for network operators to get access agreements to install infrastructure on private land and in blocks of flats.

This standard seeks to enable all new build homes, where practicable, are provided with access to gigabit-capable infrastructure at the outset, with connection to a gigabit-capable electronic communications network, subject to a cost cap. Where the cost cap is exceeded, the in-building and onsite physical infrastructure provided will help facilitate the retrospective deployment of gigabit-capable electronic communications networking to a building.

The standard sets out requirements for the installation of physical infrastructure to enable the provision of a network connection to new buildings and includes both in-building and onsite physical infrastructure within the extent of the development site. Network connections will often require additional infrastructure to connect an existing network to a point on or near the curtilage of a development site. The installation of such infrastructure in land not under control of the developer is outwith the scope of this standard and is facilitated by other legislation noted above.

Further information about public electronic communications networks and network operators can be found by visiting the Independent Networks Cooperative Association (INCA) and the Internet Services Providers’ Association (ISPA UK).

Conversions – in the case of conversions, as specified in regulation 4, the building as converted shall meet the requirements of standard 4.14 in so far as is reasonably practicable, and in no case be worse than before the conversion. Standard 4.14 (c) and (d) shall apply only where one or more dwellings are created by conversion (regulation 12, schedule 6).

4.14.1 In-building physical infrastructure

Suitable infrastructure within a domestic building or dwelling will enable connection to a public electronic communications network. It will also make it easier to retrospectively deploy a gigabit-capable electronic communications network where this is unavailable at the time of construction.

Each domestic building and dwelling should be provided with in-building physical infrastructure to enable connection to a gigabit-capable electronic communications network without the need for any additional disruption to the fabric of the building.

The design and specification of the in-building physical infrastructure will depend on the type of building and the number of dwellings it will service.

For a house, in-building physical infrastructure will typically consist of ducting from a network termination point within the dwelling through the external wall or building’s substructure to an access point. The type, size and routing of ducting should be designed to accommodate cabling suitable for a gigabit-capable electronic communications network connection (see Clause 4.14.3). Any horizontal ductwork through external walls should be angled downward from the network termination point to the access point on the outside face of the wall to prevent risk of water ingress, while still enabling easy access for cable installation.

For flats and maisonettes, the in-building infrastructure should extend from a network termination point within each flat or maisonette to a common access point within the building. Such infrastructure may consist of a single duct from a main access point outside of the building, leading to a common access point within the building, usually located in a communal service riser. The infrastructure from the common access point to each network termination point may consist of:

a. a single duct, appropriately designed and sized to accommodate gigabit-capable electronic network cabling, continuous from the common access point to the network termination point within each flat or maisonette; or

b. a cable tray to an appropriate point adjacent to each flat or maisonette with a suitably sized duct connecting the cable tray to a network termination point within each flat or maisonette.

Any opening remaining after passage of cabling or physical infrastructure through any element of the building structure should be sealed according to the level of fire-resistance specified for the respective building element prior to penetration (if any) as well as having regard to any impact to noise and thermal insulation, taking into account requirements of Section 2 (Fire), Section 4 (Safety), Section 5 (Noise), and Section 6 (Energy).

Network termination points – at least one network termination point should be provided in a suitable position within each dwelling.

A fixed electrical supply for the network termination point and associated distribution equipment should be provided close to the network termination point. The fixed electrical supply should be installed in accordance with Standard 4.5 ‘Electrical Safety’ and Standard 4.6 ‘Electrical fixtures’.

Consideration should be given to the optimal location of the network termination point for both wired and wireless transmission within a dwelling. Developer’s may voluntarily consider making provisions for wired distribution within the building unit to further optimise connectivity within the dwelling and by providing network points to locations, such as office areas or media points, to enable connection to smart technologies or to extend wireless network connectivity via Wi-Fi extenders. For dwellings, further advice can be found within NF67 The Connected Home: Designing and Building Technology in Today’s New Homes (NHBC Foundation, 2016).

4.14.2 Onsite physical infrastructure

The provision of onsite physical infrastructure, outwith the footprint of the building, connects the in-building physical infrastructure to a network distribution point. This enables new domestic buildings and dwellings to connect to gigabit-capable networks from the outset or retrospectively where a connection is unavailable at the time of construction.

Gigabit-capable physical infrastructure should be provided from a network termination point to a network distribution point. However, the extent of the installation of onsite physical infrastructure may be limited where the developer has no right to access land necessary to extent the physical infrastructure to a network distribution point located outwith the development site. In such cases, physical infrastructure should be provided to a location as close as is reasonably practicable to the site boundary and the offsite network distribution point, as agreed with the relevant network operator.

The design and specification of the onsite physical infrastructure will be dependent on the site layout and number of dwellings which can be serviced by the network. The physical infrastructure should be of a design and specification to enable all domestic buildings and dwellings serviced by the infrastructure at least one connection to a gigabit-capable electronic communications network. The design and specification of the installation should be agreed with the relevant network operator.

Onsite physical infrastructure typically consists of the provision of a system of ducts, chambers, cabinets and poles from a network termination point to a network distribution point that enables installation of a gigabit-capable electronic communications network connection (see Clause 4.14.1) to each domestic building and dwelling. The network distribution point is likely to be at a point where the development site meets the public highway. In most cases, this is likely to be met by infrastructure for a full-fibre electronic communications network (e.g., optical fibre from the dwelling to a network distribution point). However, other forms of wired or wireless technologies may be used where these meet the performance requirements of a gigabit-capable electronic communications network connection (see Clause 4.14.3).

(for each dwelling in building see figures 4.XX In-building physical infrastructure serving a single dwelling and 4.XX In-building physical infrastructure serving flats or maisonettes)

Where a developer does not have the right to install physical infrastructure on land required to reach a network distribution point, gigabit-capable physical infrastructure should extend from a network termination point to an access point within the development site that is as close as is reasonably practicable to the network distribution point.

(for each dwelling in building see figures 4.XX In-building physical infrastructure serving a single dwelling and 4.XX In-building physical infrastructure serving flats or maisonettes)

Likely future location for a network distribution point

Where network operators confirm that a suitable network distribution point can be installed within a two-year period, gigabit-capable physical infrastructure should extend from a network termination point to an access point near to a location where the network operator reasonably expects a gigabit-capable network distribution point to be installed (i.e., a “likely future location”).

In some instances onsite gigabit-capable physical infrastructure to a likely future location may be unable to carry parallel connections to a next best broadband connection and future gigabit-capable broadband connection. In such scenarios, the developer may need to install two sets of physical infrastructure or oversize the physical infrastructure to carry parallel connections.

No likely future location for a network distribution point

Where network operators confirm that a suitable network distribution point cannot be provided within a two-year period, there is no “likely future location” for a network distribution point. In such a situation, no onsite physical infrastructure needs to be provided. Gigabit-capable physical infrastructure should be provided from a network termination point to an access point to an individual dwelling and to a common access point for a domestic building as noted in clause 4.14.1.

Domestic buildings and dwellings in areas isolated from a public electronic communications network

A domestic building or dwelling is deemed to be in an area isolated from a relevant public electronic communications network where:

a. the cost of providing a connection to a USO-standard public electronic communications network would exceed the cost cap (see Clause 4.14.3); and

b. the prospect of a connection to a gigabit-capable, high-speed, or USO-standard electronic communications network is too remote;

In such a situation, no onsite physical infrastructure needs to be provided. Gigabit-capable physical infrastructure should be provided from a network termination point to an access point to an individual dwelling and to a common access point for a domestic building as noted in Clause 4.14.1.

The positioning and colour coding of physical infrastructure to be installed alongside other underground utilities should be considered. Further guidance can be found in UK Guidelines on the Positioning and Colour Coding of Underground Utilities’ Apparatus (Street Works, Volume 1, Issue 9, 2018)

Developers should evidence the extent of onsite physical infrastructure provided through the provision of a connectivity plan (see Clause 4.14.4)

4.14.3 Connectivity

Each new dwelling should be provided with the best available connection to a public electronic communications network that can be achieved within a defined cost cap.

Connection to a public electronic communications network can be provided in many ways. The technologies than can currently provide a connection to public electronic communications network are set out in the most recent Ofcom Connected Nations report. These include:

a. installation of a suitable specification cable from the network termination point to a gigabit-capable network distribution point. This may include full-fibre (optical fibre) or other cable types such as Data Over Cable Service Interface Specification (DOCSIS 3.1); or

b. use of wireless technologies, such as fixed wireless access or satellite technologies depending on the specific deployment, available capacity and the number of location of users.

Cost cap

The cost cap for a connection to a single dwelling is £2,000. The cost cap for connection of a network to a number of dwellings is the sum of £2,000 multiplied by the number of dwellings. The cost cap is applied after any financial contribution from the network operator has been deducted.

The relevant costs assessed against the cost cap are the direct costs to the developer (and costs to the developer if subcontracting installation to the network operator) of providing a connection (defined above) from a public electronic communications network distribution point to the network termination point in each dwelling, including value added tax (VAT).

The following costs are excluded from this calculation:

1. the cost of installing gigabit-ready physical infrastructure to each dwelling, both in-building and onsite;

2. administrative costs, including costs of submitting the connectivity plan and building warrant fee as applicable;

3. the cost to an end-user (as defined in Section 151(1) of the Communications Act 2003) for the provision of a public electronic communications service.

Best available connection

Where connection to a gigabit-capable public electronic communications network is offered by the network operator and the cost per dwelling does not exceed the cost cap, a gigabit-capable connection should be provided. Otherwise:

• where the cost of connection to a gigabit-capable public electronic communications network exceeds the cost cap, connection to a high-speed electronic communications network (a download speed of at least 30 Mbps) should be provided; or
• where the cost of connection to a high-speed electronic communications network exceeds the cost cap, connection to a USO-standard public electronic communications network (a download speed of at least 10 Mbps) should be provided; or
• where the cost of connection to a USO-standard public electronic communications network exceeds the cost cap, no connection needs to be provided.

Where no connection is provided due to the cost cap being exceeded for each option, in-building gigabit-ready physical infrastructure to each dwelling, should still be installed as per Clause 4.14.1. Onsite physical infrastructure should still be provided unless the need for this is removed by confirmation, under clause 4.14.2, that there is either no likely future location for a network distribution point or that the development is in an area isolated from a public electronic communications network.

Developers should evidence the level of connectivity provided through the provision of a connectivity plan (see Clause 4.14.4)

4.14.4 Connectivity plan

Once an application for building warrant is made, a connectivity plan should be provided to the verifier which demonstrates the extent to which onsite physical infrastructure will be installed, the level of connectivity provided to each new dwelling, and provides evidence in support of any relevant exemptions or modifications to the provisions set out in Clauses 4.14.1 to 4.14.3.

A connectivity plan template is set out within Annex 4.A which the developer may use or adapt when providing such information.

This document should be prepared by the applicant and supported by evidence provided by network operators engaged for the development.

Part A of the connectivity plan should be used to provide evidence to demonstrate the extent by which gigabit-capable onsite physical infrastructure will be installed within a new development. Evidence should be provided to demonstrate the steps undertaken to establish the location of an appropriate network distribution point, a likely future location of a network distribution point, or where there is no likely future location, evidence to support installation of in-building infrastructure only. In addition to specifications, schematic diagrams, and site layouts, this should reference written evidence of any limitations to the installation of connection which are then set out in more detail in Part B.

Part B of the connectivity plan should provide the evidence which demonstrates the capability of connection that will be deployed to new dwellings forming part of the development.

Developers should seek at least two quotations from suitable network operators to obtain the necessary information and evidence to complete a connectivity plan or substantiate any exemption from, or modification of, requirements. Early engagement with network operators will help in identifying the location of suitable network distribution points or their “likely future location”, plan routes for the physical infrastructure, confirm the capability of connectivity available and identify any factors that may need mitigating in which a network operator can assist. Where a developer has not invited two suitable network operators to provide a quotation for such a connection, they will be treated as being able to secure the provision of the connection within the cost cap.

Use of Ofcom’s mobile and broadband checker can assist in identifying network operators who are operating in the vicinity of a development site (visit Mobile and broadband checker).

Evidence that the chosen network operators are suitable should be provided. When determining the suitability of a network operator the following should be considered:

a. the location of the development site;

b. the ability of a network operator to provide a suitable connection in the locality of the development;

c. the variety of network operators in the locality of the development site;

d. network operators’ deployment plans in the locality of the development site; and

e. other network operators not necessarily in the locality of the development site, that may deploy there in the future.

Where an exemption which limits the installation of onsite physical infrastructure (clause 4.14.2) or connection (clause 4.14.3) is to be relied upon, the following information should be provided:

a. evidence from at least two suitable network operators that demonstrates one of the following:

• the cost of providing a connection to a public electronic communications network exceeds the cost cap, with accompanying quotes provided by the suitable network operator; or
• the suitable network operators refuse to provide a public electronic communications network connection, and evidence demonstrating the reason for this refusal; or
• the suitable network operators cannot confirm a ‘likely future location’ for connection to a public electronic communications network connection, and evidence confirming the reason for this decision; or
• the suitable network operators have not responded within the 30-working day period; and

b. evidence in support of any exemption or modification relied upon for Standard 4.14(c). which limits provision of onsite infrastructure.

In addition to the above, where an exemption or modification is being relied upon, Part B of the connectivity plan should be completed to provide one of the following:

a. confirmation that the next fastest broadband connection, that falls within the cost cap, is being installed (including the relevant technical information);

b. if no connection to any public electronic communications network is being provided, offers received from at least two suitable network operators confirming that they have refused to provide a connection, or if no suitable network operator has responded within the 30-working day period, evidence to support this;

c. if a next fastest broadband connection or no connection is being installed, confirmation that gigabit-ready physical infrastructure will still be installed within each new domestic building and dwelling to one of the following points:

• a network distribution point; or
• a location as close as is reasonably practicable to the network distribution point; or
• a likely future location of a network distribution point to be installed within the relevant two-year period; or
• to an access point.

Annex 4.A Standard 4.14 - Connectivity Plan Template

Guidance for completing this connectivity plan is set out in guidance to standard 4.14 within the Building Standards Domestic Technical Handbook (insert edition), Domestic, Standard 4.14 Infrastructure for electronic communications networks (weblink)

Part A

Part A is to be completed when gigabit-ready physical infrastructure is to be installed, and connection to a gigabit-capable public electronic communications network is to be provided.

1. Building Standards Verifier

Local Authority:

Building Warrant Application Number:

2. Development

Development / address / plot number(s):

Please also indicate where further phases of development are to be considered at a later date.

3. Developer contact

Full name:

Company / organisation:

Address:

Email:

Telephone / mobile number:

4. Network operator contact

Contact name:

Company / organisation:

Address:

Email:

Telephone / mobile number:

Reference number (of contract / transaction with developer):

5. Physical infrastructure provision

a. Will you provide each dwelling on the development site with gigabit-ready physical infrastructure from the network termination point at each dwelling to the network distribution point?

Yes. Please complete Section 6 of Part A

No. Please complete Section 5b of Part A

b. Will you provide each dwelling on the development site with gigabit-ready physical infrastructure from a network termination point to a point as close as is reasonably practicable to a current or likely future location of a network distribution point?

Yes. Please complete Section 6 of Part A

No. Please complete Section 5c of Part A

c. Will you provide each dwelling on the development site with gigabit-ready physical infrastructure from a network termination point to an access point or common access point?

Yes. Please complete Section 6 of Part A

No. Please continue to Part B

d. Will you provide each dwelling on the development site with a connection to a gigabit-capable public electronic communications network?

Yes. Please complete Section 6 of Part A

No. Please continue to Part B

6. Evidence to support Section 5

Please attach evidence to support your answer to Section 5.

This should include written confirmation that a suitable provider of public electronic communications networks has offered for each dwelling to provide a connection to a gigabit-capable public electronic communications network as stated at section 5(d), and details of which technology will be used to deliver this e.g., full-fibre, satellite, fixed wireless or other technologies.

Developers may also wish to include information why the relevant gigabit-ready physical infrastructure in Sections 5(a), 5(b) or 5(c) is being installed – this includes circumstances in which there is no current network distribution point towards which such infrastructure can be built to a reasonably practicable point of proximity, because the developer does not have the right to install the infrastructure on the relevant land.

Where this form refers to a likely future location of a network distribution point, this should be supported by evidence of where it is reasonable to expect the network distribution point to be located. Evidence would constitute information from a network operator confirming that a network distribution point will be installed within the relevant two-year period and its location. Where this form refers to the lack of a likely future location of a network distribution point, this should be supported by evidence of the efforts to ascertain from a network operator if a relevant network distribution point is to be installed within the relevant two-year period.

To assist with the building standards verification process, developers may wish to demonstrate planned physical infrastructure routes in relation to development site layouts and explain any factors that the infrastructure installation may need to take account of such as specific conservation area conditions for current and future infrastructure installation, or obstacles that need to be circumvented.

Part B

Part B of this form is to be completed where an exemption is being relied upon.

1. Exemption from Standard 4.14(d)

a. Is / are the building(s) exempt from the requirement to install gigabit-ready physical infrastructure?

Yes. Please continue to Section 1(b) and / or 1(c), as appropriate

No. Please continue to Section 3

b. The following applies: The building(s) is/are to be owned and occupied by the Ministry of Defence or the armed forces of the Crown, or to be otherwise occupied for purposes connected to national security.

c. Both of the following apply:

The building(s) is / are in an area isolated from a relevant public electronic communications network where the cost of a gigabit-capable, high-speed and USO-standard public electronic communication exceeds the cost cap.

The prospect of a gigabit-capable, high-speed and USO-standard public electronic communications network connection is considered too remote to justify equipping the building with gigabit-ready infrastructure (for full-fibre, satellite, fixed wireless or other technologies) or an access point as set out in Sections 5(a), 5(b) or 5(c) in Part A of this form.

Please note other exemptions in the Building (Scotland) Regulations 2004, which are not included in this connectivity plan, including those set out under Regulation 3 Schedule 1 of the Building (Scotland) Regulations 2004.

2. Evidence of exemption

Please attach evidence to show how exemption 1(b) and / or 1(c) applies.

3. Exemption from Standard 4.14(c)

a. Is / are the building(s) exempt from the requirement to provide a connection to a gigabit-capable electronic communications network?

Yes. Please complete Section 3(b) or 3(c) as appropriate ☐ No.

b. The cost to provide each dwelling on the development site with the following exceed(s) the cost cap:

Tick all that apply

Gigabit-capable public electronic communications network connection

High-speed public electronic communications network connection

USO-standard public electronic communications network connection

Note: Connection should be provided to the fastest public electronic communications network within the cost cap.

c. The following applies:

At least two suitable providers of public electronic communications networks have declined to provide a connection free of charge or at a cost not exceeding the cost cap, or have failed to respond to requests within 30 working days.

4. Evidence of exemption

Please attach the following, from suitable providers of public electronic communications networks.

• Evidence that the providers are suitable for the purpose in question.
• One of the following:
  • At least two offers from the providers showing that the cost of the relevant connection exceeds the cost cap (where 3(b) applies).
  • At least two requests for offers for a relevant connection to which the providers have failed to respond within 30 working days (developers may wish to provide further evidence including evidence of follow-up requests) (where 3(c) applies).
  • Correspondences from at least two of the providers that decline to provide any connection to a relevant connection, clearly stating the reason why (where 3(c) applies).

Defined Terms

Access point – a physical point located inside or outside of the building, accessible to network operator, where connection to in-building physical infrastructure is made available.

Connectivity plan – a document for developers to provide information on the details of the proposed connection of new homes to a public electronic communications network, to enable verification of compliance of the installation against standard 4.14.

Network distribution point – the point at which a public electronic communications network is connected to distribution point for a gigabit-capable public electronic communications network (also referred to as a network distribution point).

Gigabit-capable public electronic communications network – a public electronic communications network which is capable of delivering broadband access services at speeds of at least 1000 Mbps.

Gigabit-ready physical infrastructure – physical infrastructure or installations, including elements under joint ownership, intended to host wired or wireless gigabit-capable public electronic communications networks.

High-speed public electronic communications network – an public electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps.

“Major renovation works” means, in respect of standard 4.14, works at the end user’s location encompassing structural modifications of the entire in-building physical infrastructure or of a significant part of it.

Network operator – a provider of a public electronic communications network.

Network termination point – a physical point within a building unit or dwelling at which an occupier is provided with access to high-speed electronic communications network.

Public electronic communications network – has the meaning given by Section 151(1) of the Communications Act 2003.

Relevant two-year period – the period of two-years beginning from the date of submission of an application for building warrant for one or more new dwellings.

USO-standard public electronic communications network – a public electronic communications network that provides at least the minimum download speed for the time being specified by virtue of Section 65(2B)(a) of the Communications Act 2003 in the universal service order (as defined by Section 151(1) of that Act).

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Analytics

We use a third party service, Google Analytics, to collect information on how you use the site, using cookies and page tagging techniques.

The information we - and Google - collect doesn't identify anyone, and is kept for a maximum of 38 months. If we do want to collect personally identifiable informationthrough the site, we will be upfront about it.

When staff use our site

We use IP addresses to identify Scottish Government staff accessing the site from Scottish Government networks.

We record these users as 'internal' on this site. This helps us produce more accurate data about how members of the public use our content.

All visitors are anonymous. We cannot identify individuals.

Cookies

You can read more about how we use cookies, and how to change your cookies preferences, on our Cookies page.

Subscribing to our e-newsletter

We collect your email address and subscription preferences when you sign up to our e-newsletter. You can also provide your name but this is optional. We track how our emails are used - for example whether you open them and which links you click on. The lawful basis we rely on to process personal data when you subscribe to our newsletter is consent. This means you have the right to withdraw your consent, or to object to the processing of your personal data for this purpose at any time. You can unsubscribe from receiving the newsletter at any time by selecting the 'unsubscribe' link that appears in every email. Once you have unsubscribed, your details will be deleted immediately from the system.

Feedback

If you contact us asking a question or giving feedback, we collect your email address and any other personal data contained in your message. If you contact us asking for information, we may need to contact other government bodies to find that information.

Consultations

We collect names and email addresses with every response we receive through our consultation platform.

Email addresses are used to send an acknowledgement of response following submission. They may also be used to contact you in the future in relation to the consultation exercise if you give consent to be contacted.

Where permission is given, we publish responses. We include personal data where permission has been given to do so. We never publish email or postal addresses.

Sometimes you may be accessing or linking to topic specific pages from our website – in such cases please refer to the privacy notice for that site.

Blogs and discussion sites

We collect names or usernames, and email addresses with each comment. This data is kept as long as the blog post or dialogue remains published.

Who we share your information with

We use Mailchimp to process our email newsletter subscriptions. Mailchimp’s privacy notice outlines how they collect, use, share and process personal information.

Links to other websites

When we link to other websites, we encourage you to read the privacy policy statements contained on those sites.

Data protection policy document

See Information assurance and data protection: data protection policy.