Special use of roads within the locality - applying for permission
Anyone can use the public roads for traffic within the scope of their dedication and the traffic authority regulations. This is referred to as public use. If public roads are to be used beyond this, i.e. for something other than traffic, a special use permit is usually required.
Examples of such special use can be
- the sale of goods of all kinds
- setting up tables and chairs for a street café
- the practice of street art
You must also apply for a permit to use the airspace above the street (for example, for advertising installations or vending machines).
The road construction authority (in towns) is
- for federal, state and district roads:
- for the special use of the carriageway: the district authority or, in urban districts, the municipal authority
- for the special use of pavements and car parks: the municipalities
- for municipal roads: the municipality
- From a certain size onwards, the municipalities can also be responsible for the road construction of carriageways, footpaths and parking spaces in inner-city areas (i.e. in the through-roads) of federal, state and district roads:
- for federal roads: Municipalities with a population of 80,000 or more
- for state and district roads: Municipalities with a population of 30,000 or more.
You want to use a road or parts of it for something other than normal traffic.
You must apply for the special use permit at the responsible office.
Use the application form provided for this purpose. You can obtain it from the competent authority or, depending on the offer, it can be downloaded from the internet.
The competent authority primarily checks what effects a permit would have on the use of the road.
The intended special use must not
- interfere too much with the public use of others,
- Cause a noise nuisance to pedestrians or anyone living in the street (residents),
- excessively pollute the street; or
- adversely affect the townscape
After your application has been assessed, you will receive a notice of approval or a notice of refusal.
The competent authority limits the permit in time or grants it revocably.
It may attach conditions and requirements.
The competent body may request further documents, for example:
- Site plan
The fees are based on the fee statutes of the respective municipality.
They take into account, among other things
- The type and extent of the impact on the road and
- the economic interest of the applicant.
You do not need a separate special use permit in the following cases:
- You need a special permit under road traffic law for the use, or
- You want to use the road in connection with a facility for which you need a building permit, for example a construction site facility.
25.05.2023 Verkehrsministerium Baden-Württemberg