Apply for a special permit for buildings within the 40 m no-build zone on motorways

Are you planning a building construction or excavation and backfilling at a distance of less than 40 meters from the freeway? Then you need a special permit under road law.

In the vicinity of federal trunk roads under federal administration, you always require a road permit for your construction projects, which can be issued following a road law assessment by the Federal Highway Authority (FBA). This applies to all freeways as well as selected sections of federal highways in city states outside of the local thoroughfare. This ensures that road users are not distracted from the traffic situation or that other safety risks affect the flow of traffic.

In the vicinity of federal trunk roads, there is a no-parking zone, which:

• 0 to 40 meters from the edge of the asphalt on freeways
• 0 to 20 meters from the edge of the asphalt on federal highways

The construction of buildings and the excavation and filling of large areas within the no-build zone is prohibited. The Federal Highway Authority (FBA) may issue an exemption in individual cases. The construction ban in the construction ban zone does not apply to telecommunications installations.

You can apply to the FBA for an exemption if you are planning a building construction or a large-scale excavation and backfill. Examples of buildings include

• Transformer stations
• walls
• containers
• buildings
• retention basins
• advertising structures
• Lamp posts or flagpoles

An exemption permit can be granted if:

• a refusal would lead to unintended hardship
• the exception is compatible with public interests
• the public good requires the exception

You submit the application for an exemption to the Federal Highway Authority (FBA).

In some cases, your project will require further approval, for example

• Building permit
• Permit in accordance with the Federal Immission Control Act
• permit under mining or water law

Then apply for both permits independently of each other.

• Construction and operational description of the respective project
• Site plan at a scale of 1:500 or 1:1,000 with
  • marked edge of carriageway and name and number of the federal trunk road
  • marked cultivation prohibition and cultivation restriction zone
  • marked outer edges of the structure
  • specific dimensions
    • Distance of the project from the edge of the carriageway
    • Size of the structure
• Geodata
• Description of the exceptional reasons that may justify the exemption
• if available: Copy of the building application
• Power of attorney, if you are carrying out the building project on behalf of others

Depending on the individual case, you may be asked to submit further documents, for example

• Proof of visibility relationships
• Visualizations
• Land register extracts
• expert opinion

The following documents are also required for advertising installations:

• Details of the advertised business
• Proof, for example with a photomontage or other visualization, that the advertising installation is
  • is designed to be glare-free
  • is not oversized
  • does not interfere with official signage
  • has an unobtrusive color scheme
  • only contains the company name or logo
• Information on other advertising installations in the immediate vicinity

You are planning a building project in the no-build zone, which is located up to 40 meters from the freeway or up to 20 meters from a main road.

• Objection
• Complaint

• You can apply for the exemption online or in writing.
• If you submit the application in writing, send an informal application with all the necessary documents by post to the Fernstraßen-Bundesamt (FBA).
• If you submit the application online, you can:
  • as a private individual via your BundID account
  • register as a company with your "My company account"
  • as a guest without registration
• You complete the online application and upload the required documents directly into the input mask:
  • in PDF, JPG or PNG format
  • with a maximum file size of 10 MB
• Communication with the FBA takes place online via a secure mailbox.
• If you have registered as a guest, you only need to complete the application online. Further communication with the FBA will usually take place by post.
• If there are any objections to your application, you will be given the opportunity to submit a statement. There you can state in writing the reasons why you believe your project should be granted an exemption.
• After your application has been assessed by the FBA, you will receive a notice of exemption or a notice of rejection.
• It may also be necessary to involve the road construction authority, i.e. the federal highway authority (Autobahn GmbH), for example for the relocation of power lines.

There are no costs.

If your project is located within 40 to 100 meters of a freeway or 20 to 100 meters of a federal highway, you will need a permit, which you can also apply for from the Federal Highway Authority (FBA). If your project is subject to another approval requirement, you must apply to the competent authority, which will then obtain the approval of the FBA.