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Dedication and de-dedication of paths, streets and squares

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A dedication is the order by which a street, path or square is declared a public path and is thus available to the general public.

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Detailed description

When a new street, path or square is built, it is always initially private property in the legal sense. This applies regardless of the developer or the size of the street, path or square. The dedication allows you as a citizen to use a street, path or square and specifies the type of intended use.

In Hamburg, the designation of streets, paths and squares is decided by the road supervisory authority and announced to you via the notice sheet.

The dedication can also stipulate that a path, street or square may only be used by the public to a limited extent (for example, only for pedestrians or cyclists).

Through decommissioning, a dedicated street, path or square loses its status as a public path.

 

Information

Prerequisites

The road supervisory authority shall consult the road traffic authority and other bodies and persons affected by the dedication or declassification regarding the project and, if necessary, obtain their consent.

Documents required

No

Please note

Paths on or near flood protection structures are dedicated with the proviso that their use can be restricted or prohibited at any time for reasons of flood protection. The path thus remains part of the flood protection structure and the provisions of dike law apply.

If the path is no longer needed for public use, the dedication can be reversed (de-dedication). De-dedication can also be carried out if the public good makes it necessary. De-dedication is also announced publicly.

Any use that goes beyond the scope of the dedication is a special use. In order to make a special use, you need a special use permit.

Deadlines

The consultation period shall be one month from the date of publication in the Official Journal

Procedure

  • The responsible authority checks the ownership of the streets, paths and squares affected by a proposed dedication; if necessary, they must be transferred to the administrative assets of the locally responsible district before the dedication is made
  • The competent authority shall hear the parties affected by the dedication or de-dedication, with the opportunity to raise objections
  • In parallel with the hearing, the intention to dedicate or de-dedicate will be published in the Official Gazette. Any concerns raised within the hearing period will be submitted to the bodies responsible for the dedication or de-dedication for review.
  • If there are no or no significant objections to the dedication or decommissioning, the implementation of the dedication or decommissioning will be published in the Official Gazette
  • After expiry of the objection period, the dedication or de-dedication becomes legally binding

Processing time

Processing may take up to several months.

Fees

No

Legal remedies

Contradiction

Legal basis

§§ 6 - 8 Hamburg Road Act

www.landesrecht-hamburg.de/bsha/document/jlr-WegeGHApG2/part/X

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Keywords: Pedestrian zone traffic area Street name Bicycle path one way street

Last updated: 18.09.2024