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

If lines are laid in the public road bed for public supply purposes, the relationship between the road construction authority and the utility company is governed by civil law. As a rule, a license or concession agreement is concluded.

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).

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.

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

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