Apply for an exception for structures within the 40 m building restriction zone along federal motorways

Are you planning a building construction project or excavation and filling work at a distance of less than 40 meters from the highway? Then you need a road law exemption permit.

In the vicinity of federal trunk roads under federal administration, you always need a road law permit for your construction projects, which can be issued following a road law assessment by the Federal Highway Office (Fernstraßen-Bundesamt – FBA). This affects all autobahns as well as selected sections of federal highways in city-states outside of built-up areas. This ensures that road users are not distracted by traffic events or that other safety risks do not affect the flowing traffic.

In the vicinity of federal highways is the building prohibition zone, which:

• for highways is 0 to 40 meters from the asphalt edge 
• is 0 to 20 meters from the edge of the asphalt for federal highways

Within the building prohibition zone, the erection of structures above ground as well as the execution of large-scale excavations and fills are prohibited. The Federal Highway Office (FBA) may grant an exception in individual cases. The building prohibition in the building prohibition zone does not apply to telecommunications facilities.

You can apply for an exemption at the FBA if you are planning a major building construction or a larger-scale excavation and filling. Building constructions include, for example:

• Transformer stations
• Walls
• Container
• Building
• Retention basin
• Advertising installations
• Lamp posts or flagpoles

An exemption can be granted to you if:

• a rejection would lead to unintended hardship
• the exception is consistent with the public interest
• the public welfare requires the exception

You are submitting the application for an exceptional permit to the Federal Highway Research Institute (BASt).

In some cases, your project requires further approval, for example:

• Building permit
• permit under the Federal Immission Control Act
• approval under mining or water law

Then apply for both permits independently.

• You apply for the exemption online or in writing.
• If you submit the application in writing, please send an informal application with all required documents by mail to the Federal Highway Office (FBA).
• If you submit the application online, you can:
  • Sign in as a private individual using your BundID account
  • sign in as a company with your "Mein Unternehmenskonto"
  • log in as guest without registration 
• You fill out the online application and upload the required documents directly into the input form:
  • in PDF, JPG, or PNG formats
  • 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, only fill out the application online. Further communication with the FBA generally takes place by mail.
• Should there be any objections to your application, you will be given the opportunity to comment. There you can state in writing the reasons, from your perspective, for the exemption permit for your project.
• After your application has been evaluated by the Federal Office for Goods Transport (FBA), you will receive a notification containing the exemption permit or a rejection notice.
• In addition, the involvement of the road maintenance authority, i.e., Autobahn GmbH des Bundes, may be necessary, for example for utility relocations.

There are no costs.

• Objection
• Lawsuit