Sondernutzung im Bereich Bau beantragen oder verlängern
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ 32, 46 Straßenverkehrsordnung (StVO) – Ausnahmegenehmigung und Erlaubnis
- § 8 Bundesfernstraßengesetz (FStrG) – Sondernutzung
- §§ 14, 18, 19 Sächsisches Straßengesetz (SächsStrG) – Sondernutzung
- Verwaltungsverfahrensgesetz (VwVfG)
- Verwaltungskostengesetz des Freistaates Sachsen (SächsVwKG)
- § 1 Sächsisches Kostenverzeichnis (SächsKVZ) – Anlage 1 zu § 1 Ziffer 88 Straßenrecht
- Sondernutzungssatzungen der Gemeinde-/Stadtverwaltung
Application for permission or extension of special use in accordance with § 8 of the Federal Highway Act (FStrG), §§ 18 f. of the Saxon Highway Act (erection of barriers, scaffolding, construction site equipment, driving on pavements and other special uses in the area of construction)
If you want to use public traffic space beyond the common use and the use by residents, you need a special use permit. Public traffic space includes both roads and footpaths or cycle paths. If this permit has been granted and you are late with your measure, you must apply for an extension of your permit.
A special use permit may be required, for example, for:
- Barriers, construction fences
- Containers
- Scaffolding, construction machinery
- Construction site equipment
- Deposit of building materials
- Driving on pavements
Not only construction measures in the public street space are a special use and require a permit. Separate information on the application for other special uses (trade, gastronomy, billposting, events) can be found under "Further information".
Note: If you have already been granted a special permit under road traffic law, you no longer need a special permit under road traffic law.
You do not need a special use permit for an adjacent use. Roadside users are owners and occupiers of property located on a public road. They may use the parts of the road adjacent to the property beyond the public use, insofar as this use is necessary for the reasonable use of the property. In addition, public use may not be permanently excluded or significantly impaired, nor may the body of the road be encroached upon. The demarcation as to whether a permit-free use by residents or a special use requiring a permit exists should be clarified in advance with the responsible authority.
Attention! The special use permit is not replaced by a building permit.
Note on the competent authority
On district roads outside of the local thoroughfare, the responsibility lies with the road construction/road traffic authority of the district office.
–> Landratsämter im Freistaat Sachsen
Amt24-Behördenfinder
Where necessary, the competent body shall request documents such as site plans or sketches.
The intended special use must
- not interfere with public use beyond what is necessary and
- not pose a danger to other road users.
For an extension of the special use permit, you must already have submitted an application for the granting of an exceptional permit for the use of public traffic land.
When the special use has ended, you must immediately remove the barriers, scaffolding, construction containers and the like and make the traffic area available for public use again in a proper and clean condition. Any costs for cleaning or repairing the road shall be borne by you as the special user.
- Procedure fee: EUR 50.00 to 2,100
- Special use fee in different amounts
(depending on the duration and extent of the closure as well as the type of road to be closed)
When applying for an extension of the special use permit:
- There are no costs for you for the application.
- You may incur further costs as a result of the extension of your project.
Depending on the regulations of the competent authority, you can apply for special use with an informal letter, forms or online.
- Use the online application or forms if they are available in Amt24 (see -> Online application and forms).
- You must submit at least the following information with your application:
- Name, address and signature of the applicant
- Location of the special use (description or site plan)
- Dimensions of the special use area (accuracy in metres)
- Type of special use (e.g. scaffolding)
- planned period of special use
- if possible, the client
- If necessary, other authorities involved will be included.
- After a positive review of your application documents, the competent authority will grant you the special use permit either permanently on revocation or with a time limit. The permit may be subject to conditions and requirements.
- You will receive a fee notice together with the permit.
Note: You may have to pay an advance on costs during the procedure. You will receive a separate notification of costs.
Applying for renewal or extension
You can also apply in writing to the competent authority for an amendment or extension of a special use permit. A detailed explanation of why you need an extension of the special use permit will help the competent authority to understand your case more quickly.
- Application: in good time before the planned start of construction
Notes:
- Ask the competent authority in advance about the processing time.
- As soon as you can estimate that your construction work on public transport property will take longer, please notify the competent authority immediately.