Pipelines in public roads; conclusion of a license or concession agreement

The contracts can regulate, for example, the documentation of the pipelines, proper maintenance, liability for damage, subsequent obligations and costs in the event of changes to the road and the technical conditions for restoring the road after the pipeline has been laid.

An application for a traffic order must also be submitted to the road traffic authority for the excavations.

The laying and modification of telecommunication lines are regulated separately in the Telecommunications Act and do not require contracts, but approval (see related topics below).

With a permit, licensees receive permission from the City of Erlangen as the landowner to install, lay and operate lines and/or systems (overhead lines, cables, pipelines, inspection shafts, construction anchors, etc.) on or in a property.

A permit agreement must be concluded for the right to use municipal land for this purpose.

Legal background and distinction from other permits

In contrast to special use in accordance with the Bavarian Road and Paths Act, the permit authorizes the use of municipal land that does not impair the so-called public use of this land. This generally includes line rights, i.e. underground or above-ground cable laying or similar.

This applies not only to permanent but also to temporary uses, for example as part of a construction project. Even if a building permit or other public-law approval has already been granted, this alone does not entitle the holder to use such rights of use as part of the planned construction project.

The necessary permission is regulated within the framework of a private-law permission contract (in accordance with civil law) with the City of Erlangen - Real Estate Office - provided that the use cannot impair public traffic.

An authorization fee is charged for use, the amount of which depends on the type and scope of the measure. It is due for payment when the contract is signed and before the land is used.

If public roads, paths and squares or parts thereof are used for purposes other than traffic and the public use of these areas is impaired as a result, a permit is required in accordance with public law (special use permit).

Please note that in the case of construction work in public traffic areas, the contractor must also obtain an excavation permit from the Office for Urban Planning and Mobility, Department for Road Traffic and Construction Sites (Dept. 614) prior to the start of construction (excavation permit).

You are a utility company and would like to use a public road for laying or changing lines.

The relevant road construction authority must be contacted in order to conclude a concession or concession agreement.

The district or independent city is responsible for district roads, the municipality for municipal roads and the state building authorities for federal and state roads outside of local thoroughfares.

Please complete the permit application (see online procedure) and send it to the City of Erlangen, Real Estate Office, enclosing the required number of plans.

The application will be reviewed independently of any building permit procedure, as only the interests of the City of Erlangen as the landowner are affected.

Various utility providers and municipal departments must be consulted with regard to the future use of the urban area in question and to examine existing supply and disposal facilities.

The contract must be concluded prior to the construction work. It is therefore important to submit the application in good time.

• Cadastral plan
  

  Urban areas used must be marked in yellow and the construction project (cables, shoring anchors, etc.) in red. Any required working and subsequent protection strips must be marked in green.

• General plan
  

  For underground lines with analog markings

• Detailed plan
  

  for shafts and similar structures (for shoring anchors, the anchors in the urban ground must be numbered consecutively.

The costs to be borne by the utility company are agreed in the contract.

See legal basis: "Guidelines of the City of Erlangen on special uses to be regulated under civil law" (permit agreement) dated 28.07.2016

No use may be made of municipal land until the permit agreement has been concluded and the stipulated usage fee has been paid. In the event of non-compliance, it is to be expected that the City of Erlangen will exercise its rights as the owner of the land (interference with possession), i.e. it will have the construction work stopped immediately and demand that the land be cleared. The City of Erlangen reserves the right to claim damages.

To process the application, a waiting period of at least four weeks before the intended use of the property must be expected.