Special use is a right term from the range of the use of such things, which a majority from persons to the use openly. "Special use" designates such uses, which exceed the same right of all contrary to the normal "Gemeingebrauch" and therefore are usually forbidden or require to a permission.

Special uses are conceivablly at public area, in particular at roads and public buildings, but theoretically also at state forests or municipality meadows. Likewise they are conceivable at things, which under private law in the property of person majorities.

Which in detail special use is, the collective, to which the thing belongs, can legally obligatorily regulates (by law, statute, agreement). Otherwise in the controversy the responsible courts must decide it.

Special uses are legally not always regulated under the name special use, in particular not if at these things no considerable Gemeingebrauch exists and it does not require therefore a demarcation.

In Germany special uses under this name are regulated both in the right of the residential property and in the right of the public roads.

In the residential property law there are special uses of the residential properties at the community surfaces, thus the surfaces of the house divided in residential property, which are open to all joint owners in the principle for use. If the use is no longer in common compatible easily, but in such a manner the fact that others could not exercise the use in this form, because for it either not enough place or not sufficient time is present, concerns it a special use. Relevant is here above all the case that some user does not want to bear different one beside itself (parking bay only for own passenger car, private party in the common garden). Such a use may be only exercised, as far as in addition a special right is granted to the particular (or the others their agreement give).

In the road law it concerns likewise whether a user wants to bear or displace possible Mitnutzer or also competitor. Who hurts a certain piece of road for a certain period alone for itself stressed and thus the interests of others in a same use, a special use stresses and requires for it a permission. Disputed it is only whether he needs road-legal permission except traffic-legal permission after the StVO also still another or whether the state made an inadmissible double regulation here (see Gemeingebrauch).

Loud "§ 8 federal highway law is each use of public street space except the general use, thus standing and flowing traffic (pedestrian and vehicles) a special use. Among the special uses e.g. rank external catering trade, goods displays, stands, people celebrations, markets or road music and small art presentations on the road. The higher administrative court Berlin decided in a judgement from 17 December 2003 that also the activity of a so-called "Grillwalkers", which grills and sells sausages in going around represents no more Gemeingebrauch, but a special use subject to approval is. Similarly is the legal situation with persons, who e.g. in a opening by hinges suit-case decoration for the purchase offer. Special uses are subject to approval and in many cases also chargeable, it give however also special uses, which are not permissionable, in many cities e.g. the consumption of alcohol and sleeping on the road. Uses outside of the light space profile of a road are normally no special uses, here apply other regulations.

In many cities and municipalities there are statutes, which regulate the special uses in the city and specifies where and how long which kind may be exercised by special use, as high the fees are and whether organization editions or other Bedindungen are connected with the special use. If such a statute does not exist, permission must be obtained at the responsible highways department. Since the regulations differ in the municipalities partially very strongly, generally accepted statements about it, which is possible and becomes as expensive it, are difficult. Nevertheless it applies for all that the special uses may be exercised only temporarily that thus installations are not possible into the (except in particularly specified cases) that the uses traffic not to obstruct or humans to endanger be allowed and that the special user is responsible for the cleaning and if necessary repair of the road and/or must take over the costs.

Special use and city center

Particularly in the pedestrian zones of the city centers special uses are today far common and partially by the cities and municipalities are purposefully used, in order to arrange the city center attractive. It comes however to conflicts, some is also again and again pleased about the again won flair of the city, other one deplores the Festivalisierung of the city center. Concrete conflicts usually result between the adjacents resident and the special users, e.g. due to noise disturbances from road music or external catering trade, or between different special users, who must divide the street space. Nevertheless special uses are to be excluded today from the townscape hardly more.

Articles in category "Special use"

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