Applying for special use of public space for work and construction sites

If you want to place construction site equipment on public areas during a construction project, you must apply for a special use permit.

If there is not enough space on your construction site, you may need to temporarily use a public area. If you want to use public areas in connection with your construction site, this constitutes special use. You must apply for a permit (special use permit) from the relevant authority in advance.

Work sites/construction measures that affect the road and road traffic must be secured by traffic signs/traffic facilities and road traffic must be regulated.

If work sites/construction work or other uses (e.g. storage of construction materials, installation of construction equipment) require the use of roads, paths and squares, these areas must be secured by traffic signs and traffic facilities. It does not matter whether it is work sites/construction work on the road itself or work next to or above the road.

The road traffic authorities responsible for issuing traffic regulations/permits are the administrations of the non-association municipalities, the local authority administrations, the municipal administrations in independent and large district towns; in the case of non-local workplaces, the district administrations.

In order to carry out road construction work and to prevent extraordinary damage to the road, the road construction authorities can also order traffic bans and restrictions, divert traffic and direct it by means of markings and guidance systems.

• Informal application for a special use permit
• Documents describing the type and scope of the special use (e.g. a sketch with dimensions)
• You may need to submit further documents. You will be informed accordingly by the competent authority in the course of the procedure.

Before starting work that affects road traffic, those responsible must obtain instructions from the competent authority - if necessary by submitting a traffic sign plan - on how their work sites are to be cordoned off and marked, whether and how traffic is to be restricted, directed and regulated and, if necessary, how traffic lights are to be operated.

The application must include the following information

• Full address details of the applicant including telephone number/e-mail address for queries
• Type of the specific project
• Precise location details/description of the location/preparation of a sketch if necessary
• Duration/period of the measure (with time if applicable)
• Person responsible for traffic safety with full name and telephone number so that they can be contacted at any time

A written application is required.
Some road traffic authorities have corresponding application forms available or can be downloaded from the website.

• They do not restrict the safety of traffic.
• They do not disproportionately impair the ease of traffic flow.
• They do not disproportionately impair public use.
• They do not disproportionately impair road components.
• They do not disproportionately restrict environmental concerns.
• They do not disproportionately restrict urban development interests.
• They do not disproportionately restrict public interests, including the generation of revenue from the use of the path.
• They do not disproportionately restrict the public or private rights of third parties.

The person responsible for traffic safety must have the necessary expertise. This is acquired through training in accordance with the information sheet on the general conditions for the specialist knowledge required for traffic safety at road works (MVAS training). It can also be acquired as part of training as a road builder.

• Objection
• Action before the administrative court

• You submit your application with the necessary documents to the responsible office.
• The competent body will check your application and request any missing documents or information from you.
• The competent body will inform you of its decision in writing.

None. You must have the permit before you start the special use.

The applicant (construction company, private individual) must apply for the traffic order in writing at least two weeks before the start of work (no binding form).

The processing time depends on the type and scope of your application and the quality of the documents submitted.

A fee is charged for the granting of the permit. Fees may also be charged for the use of the area. The amount of the fees depends on the type, scope and location of the special use.

The scale of fees for road traffic measures provides for a fee range of between EUR 10.20 and EUR 767 (depending on the duration and scope of the work, classification of the road, any site visits, etc.). Special usage fees may also be charged in accordance with municipal special usage fee regulations.

The following information is available:

Even if all factual and legal requirements are met, you are not entitled to be granted a special use permit. The competent authority decides on your application at its own discretion.

As a rule, the competent authority will grant you the special use permit for a limited period and subject to revocation. This means that the permit issued can be withdrawn. The permit is usually issued with conditions that you must fulfill.

The competent authority may require you to pay for the removal of any damage caused by your special use. The competent authority may also require you to make an advance payment or deposit a sum of money as security.

Official traffic signs and equipment may only be erected if they have been ordered in advance by the competent authority.

The applicant/contractor must implement the traffic safety measures ordered by the road traffic authority on his own responsibility.

Private individuals can also use the services of a specialist company or borrow the traffic signs and equipment from them. Barrier material can also be borrowed from the municipal building yards in individual cases (possibly for a fee); the road traffic authorities can also provide information on this in individual cases.

It is always advisable to contact the responsible authority in advance by telephone for precise coordination and clarification of the details.