Erlaubnis zur Sondernutzung beantragen

§ Section 8 of the Federal Trunk Roads Act (FstrG)

https://www.gesetze-im-internet.de/fstrg/__8.html

You can also use public roads and paths for purposes other than traffic and public use. To do so, you generally require a special use permit.

Anyone can use public roads, paths and squares as intended. If you want to use them for something other than intended, you generally need a special use permit.

Examples of when a special use permit may be required include

• Construction site facilities
• Sale of goods of all kinds
• Setting up tables and chairs for outdoor catering
• Erection of scaffolding and containers
• Events and street parties

• Main application:
  - Informal or by form
• Evidence (optional, depending on the type of special use):
  - Scaled site plan
  - Photos / drawings of the site
  - Construction site layout plan

No specific requirements are necessary.

• Cost type: variable
  - The cost amount varies depending on the type, period and area of the special use.
  - The cost amount depends on the respective fee schedule.

If you wish to apply for a special use permit, you can submit the application in writing using a form or informally to the responsible authority. The application form can be obtained from the responsible authority or, depending on the service, can be downloaded from the Internet. There is also the option of using an online service. The procedure does not change:

• You submit an application in writing using a form or informally to the competent authority.
• Describe the type, location, extent and duration of the planned special use as precisely as possible. You should also state the impact on the affected area.
• The competent authority will check the impact of the special use on the otherwise normal use and the requirements for granting a permit.
• After the examination, you will receive a notice of approval or rejection.
• The competent authority will limit the permit in time and/or issue it revocably.
• The competent authority can attach conditions and requirements to the permit, compliance with which can be monitored and violations can be punished.

The processing time varies depending on the type of special use.

• Deadline type: Application deadline
  Note: There is no deadline.
  
• Fristtyp: Period of validity
  Note: Limited in time or revocable.
  
• Deadline type: Objection deadline
  Note: The statutory objection period applies.

The following information is available:

• Depending on the type and scope of the special use, you should submit the application in good time in advance so that enough time can be allowed for the relevant inspection procedures.
• You must also apply for a permit to use the airspace above the road (e.g. for advertising structures or vending machines).
• For work on the road, an excavation certificate and a permit under road traffic law may also be required.
• Depending on the type of special use, a corresponding lead time must be planned due to the respective inspection procedures.

• Appeal
• Further information on how to lodge an appeal can be found in the notification of your application
• Appeal to the administrative court

• Special use of roads and paths Permission
• Special use of public roads, parking lots or paths (beyond public use), including but not limited to
  - Construction sites
  - scaffolding
  - containers
  - displays of goods
  - outdoor catering
  - Information stands
  - events
• Permission is granted for a limited period or respectively and subject to revocation at any time
• Permission may be subject to conditions
• Responsible: outside built-up areas - road construction authority of the respective road construction authority; within built-up areas - at the city or municipality.

• Forms available: Yes
• Written form required: No
• Informal application possible: Yes
• Personal appearance necessary: No