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Apply for planning approval for operating facilities of federal railways

Gültigkeitsgebiet: Bundesweit

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Quick info

If you want to build, modify, or dismantle a federal railway facility, you must apply for your project with the Federal Railway Authority (EBA).

Description

If you are planning to build, modify, or dismantle railway operating facilities, you must apply for the corresponding approval from the Federal Railway Authority (Eisenbahn-Bundesamt - EBA). Operating facilities include, in particular:

  • Railways
  • Civil engineering structures such as bridges, tunnels, culverts
  • Earthworks such as dams, cuttings, slopes
  • Signaling, safety, and telecommunications systems
  • Railway stations and stops

Before the construction, modification, or dismantling of such a facility, questions must be resolved in the planning law procedure, in particular:

  • Is the project technically feasible?
  • Does the planning comply with the applicable regulations and safety standards?
  • Is an environmental impact assessment required for the project – and if so, what is the result of the environmental impact assessment?
  • Does the project affect public interests?
  • Does the project affect the rights or interests of third parties?
  • Can the rights of third parties as well as public and private interests be brought into a fair balance?

On this basis, the EBA decides whether the plans for the construction, modification, or dismantling of a railway operating facility are permissible and your application can be approved. 

The German Bundestag can approve transport infrastructure projects by means of an act of Parliament instead of an administrative planning approval decision. A preparatory procedure is conducted for this approval before the legislative process is initiated. You can apply for this at the EBA. 
 

Procedure

You can submit your application for a planning approval procedure by post or online.

Apply for planning permission by mail:

  • Download the form "Application for the issuance of a planning approval decision" or the application form "Preparatory procedure pursuant to the MgvG with supplementary sheet" from the website of the Federal Railway Authority.
  • Fill out the application completely and sign it.
  • Please attach all required documents. A description of the planning documents that you must enclose with your application can be found in the EBA guideline on application documents, the plan approval guideline, and the EBA environmental guidelines.
  • Send the application and documents to the EBA branch office responsible for the location of the construction project.
  • The EBA will review your documents and will contact you if any additional submissions are necessary. 
  • If a hearing procedure must be conducted, you must respond to the statements submitted and objections received as part of the agency and public participation. If a discussion meeting takes place, you must attend it. 
  • You will receive a notification by mail or by hand delivery at the authority, in which the decision regarding the planning law approval is communicated.
  • You will also receive a fee assessment by mail.
  • You pay the fees.

Apply for planning permission online:

  • Go to the federal portal website at verwaltung.bund.de. From there, you will be redirected to the federal specialized planning portal. Alternatively, you can access it directly from your browser.
  • Log in to the ELSTER corporate account using your ELSTER certificate.
  • The Form Management System (FMS) guides you step by step through the required information. Please fill out the application form completely.
  • Upload the required documents as a file. A description of the planning documents that you must attach to your application can be found in the EBA guideline on application documents, the plan approval guideline, and the EBA environmental guidelines. 
  • Send the application and documents to the EBA branch office responsible for the location of the construction project.
  • You will receive an automatic confirmation of receipt.
  • The remaining procedural steps correspond to the written procedure.
  • Instead of being sent by mail or handed over at the authority, the official notice containing the decision on the planning approval can be communicated to you via the ELSTER corporate account.
  • Instead of by post, the fee notice can be communicated to you via the ELSTER company account.

Deadlines

There is no deadline for submitting the application. For subsequent submissions or responses, individual deadlines may be imposed by the authorities.

Legal basis

further information

Technical approval

Federal Ministry for Digital and Transport (BMDV)

legal remedy

  • Objection to the waiver of the plan
  • Lawsuit before the administrative court against the plan approval decision and plan permit

Stichwörter

  • Plan approval procedure
  • Application to the Federal Railway Authority
  • dismantle railway infrastructure
  • build a railway infrastructure facility
  • Application pursuant to the MgvG
  • preliminary proceedings under the Military Service Act
  • Federal Railway Authority
  • planning approval procedure
  • modify railway infrastructure
  • planning approval procedure
  • Federal Railway Authority Branch Office
  • Application for a railway operating facility
  • planning approval
  • Application for approval of the plan
  • Application for plan approval
  • Application pursuant to the General Railway Act