Sondernutzung von Straßen Zustimmung für Leitungsverlegung

Section 127 Telecommunications Act (TKG)
www.gesetze-im-internet.de/tkg_2021/__127.html
§ 22 Hamburg Roads Act (HWG)
www.landesrecht-hamburg.de/bsha/document/jlr-WegeGHAV10P22

If you want to lay cables for public utilities, you need a route instruction.

If you, as a line operator, network operator or their service provider, want to lay utility lines, pipes or cables for public utilities, you will need a route instruction in advance. This applies to electricity, gas, district heating, water and sewage lines. You must apply for the route instruction in advance from the responsible authority.

• Site plan at a scale of 1:250 based on the Official Real Estate Cadastre Information System (ALKIS) including information on planned, existing and to be removed lines and operating facilities:
  • Type and dimensions of the cables,
  • Pipeline routing with location and height information,
  • exact location of the line end points as well as the operating facilities, curbs and path bodies,
  • Trees up to a distance of 5 metres with exact location and diameter of trunk and crown eaves area according to the data from the digital tree register of the Free Hanseatic City of Hamburg
  • Tunnel systems (shown in color)
• If applicable: permits under monument protection, dyke and water law
• If near railway facilities: approval of Hamburger Hochbahn AG and/or DB Netz AG
• In case of representation: written power of attorney

You already have a right to use the road (for example through a concession agreement, transfer by the Federal Network Agency, special use agreement)

There are costs involved. The costs vary depending on the type, scope and location of the measure. The amount of the costs is usually based on the framework agreement concluded with the Authority for Transport and Mobility Transition (BVM). If there is no framework agreement, the costs are based on the applicable fee schedule for the administration and use of public paths, green spaces and recreational areas.

• You apply for the route instruction by submitting all necessary documents.
• The responsible authority will examine your application and, if necessary, request any necessary documents or papers from you.
• The result of the examination will be communicated to you in writing.

The processing time is 1-4 weeks from receipt of the complete documents.

If there is no framework agreement with the Authority for Transport and Mobility Transition (BVM), a consent notice is required. This can extend the processing time.

If you do not start work within 6 months of the route instructions being issued, the permit will no longer be valid. (Exception: a different period was agreed in the framework agreement)

Only when laying telecommunications lines: If the responsible authority does not provide any missing information within one month, the application is deemed to be complete. The route instruction is deemed to have been issued 3 months after receipt of the application, provided that your application is complete and the responsible authority has not objected to the issuance.

After the route instructions have been issued, you must also apply for an excavation permit. This can be applied for online and must be in your possession before you begin implementing your project.

In Hamburg, DIN 1998:2018-07 does not apply. Instead, DIN 1998:1978-05 “Accommodation of pipes and systems in public areas; guidelines for planning” applies.

Contradiction

• Apply for route instructions
• Anyone who wants to lay pipes (electricity, gas, district heating, water and sewage) for public supply needs a route instruction
• Route instructions must be requested in advance from the responsible authority

District Office Hamburg-Mitte