Definition and general significance of the sidewalk
Der Sidewalk (also known as walkway/pavement) refers to a paved section of a street, separated from the roadway, which is primarily dedicated to pedestrian traffic. Sidewalks are intended for the safe and unobstructed movement of pedestrians and fulfill an important function in urban infrastructure. They help to calm traffic, increase road safety, and ensure accessibility in public spaces.
Legal foundations of the sidewalk
Classification under street law
Sidewalks are part of the public road within the meaning of the road laws of the federal states (such as the Federal Trunk Roads Act or the regional road acts). According to § 2 of the German Road Traffic Regulations (StVO), a distinction must be made between roadway, sidewalk, cycle path, and other road-related areas. Sidewalks generally fall within the ‘sidewalk width’ of a street.
Dedication and designated purpose
The dedication of a sidewalk takes place along with the dedication of the entire street by the responsible road construction authority. Use may only be made for the intended purpose, with pedestrian movement being the primary focus. Use for non-designated purposes, such as parking motor vehicles or goods, is generally not permitted unless expressly allowed.
Ownership situations and maintenance obligation
Sidewalks are predominantly public property, usually owned by the respective municipality or the body responsible for road maintenance (such as the federal government, state, or municipality). According to road law provisions, the obligation for maintenance and traffic safety is generally the responsibility of the municipality or, in certain cases, the respective adjacent landowners.
Traffic regulations for sidewalks
Obligation to use and rights of pedestrians
According to § 25 paragraph 1 StVO, pedestrians are generally required to use sidewalks where these are available and usable. Use by other types of traffic is prohibited unless there is an explicit exemption (e.g., by an additional sign for cyclists).
Regulations for other road users
Cyclists
According to § 2 paragraph 5 sentence 3 StVO, cycling on sidewalks is not permitted unless corresponding signage is present (“cycling permitted”). Children up to their 8th birthday are allowed to use the sidewalk (§ 2 paragraph 5a StVO), as are supervising persons accompanying them who are over 16 years old.
Electric micro-mobility vehicles and similar
For electric micro-mobility vehicles, such as e-scooters, there is a general prohibition on riding on the sidewalk unless an exception is indicated by traffic signs.
Offenses and administrative violations on the sidewalk
Prohibition of driving and parking
Driving or stopping on the sidewalk without permission is prohibited according to § 12 paragraphs 4 and 4a StVO. Exceptions only apply if this is expressly permitted by suitable traffic signs. Violations can be prosecuted as an administrative offense and sanctioned with fines, and in individual cases, with further legal consequences.
Protection of vulnerable road users
The legal provisions aim to protect, in particular, vulnerable road users such as children, elderly people, and persons with reduced mobility. Obstructing or endangering others by driving, incorrect parking, or placing objects on the sidewalk is prohibited. According to § 1 StVO, mutual consideration is always required.
Responsibilities for cleaning, winter maintenance, and upkeep
Traffic safety and cleaning duties
Ensuring cleanliness and safety is primarily the responsibility of the municipality but may be transferred to adjacent property owners by ordinance. The regulations can be found in municipal street cleaning statutes and ordinances. Adjoining landowners may be required to remove snow and ice and to grit the sidewalk in winter to prevent slip and fall accidents.
Maintenance obligation and liability for damages
If accidents occur on the sidewalk due to inadequate maintenance or insufficient cleaning, liability claims may be asserted against the municipality or the contractually obligated adjacent owners. The duty to ensure traffic safety requires that the sidewalk must be maintained in a condition that poses no danger to general road users.
Accessibility and design requirements
Requirements for accessibility
According to the Disabled Equality Act (BGG) and relevant DIN standards (e.g., DIN 18040), sidewalks must be designed so that they can be used by people with disabilities. This includes tactile guidance systems, drop-down curbs, sufficient width, and the avoidance of obstacles.
Design and construction requirements
The minimum width for public sidewalks is normally specified as at least 1.50 m, depending on the technical regulations of the states and municipalities. The surface should be level, slip-resistant, and free of tripping hazards. Municipal design guidelines also determine the dimensions and permissible materials.
Special uses and permit requirements
Cases of special use
Any use of the sidewalk that goes beyond general public use (e.g., outdoor dining, merchandise displays, events) requires a special use permit under the relevant road law regulations (§ 18 Federal Trunk Roads Act, corresponding state case law).
Permit and conditions
Special uses are only permitted after prior approval. The granting of a special use permit is regularly subject to strict conditions that serve safety, order, and the unobstructed flow of pedestrian traffic.
Different regulations in Germany, Austria, and Switzerland
Germany
In Germany, the legal situation is primarily governed by the Road Traffic Regulations (StVO) and the respective state road laws. The responsibilities and further regulations vary locally.
Austria
In Austria, the sidewalk is clearly defined as a walkway according to § 2 StVO. The behavioral obligations of pedestrians as well as the ban on cycling are regulated accordingly.
Switzerland
According to the Swiss Road Traffic Act (SVG), sidewalks are primarily reserved for pedestrian traffic; other uses are strictly regulated.
Summary and classification
Der Sidewalk is comprehensively regulated from a legal perspective as an integral part of the public road. Its use, maintenance, and design are determined by numerous laws, ordinances, and municipal statutes, always with the primary aim of ensuring the safety and accessibility of pedestrians. The regulations are intended particularly to protect vulnerable road users and to maintain a clear separation of different types of traffic. Violations of applicable rules can lead to administrative offenses and liability cases. In practice, the design and responsibilities for the sidewalk are of considerable importance for infrastructure and urban coexistence.
Frequently Asked Questions
Who is required under German law to clean the sidewalk and clear snow?
In Germany, the road law of the federal states and the respective municipal codes regulate who is responsible for cleaning and clearing the sidewalk (walkway). In general, the so-called street cleaning obligation initially lies with the municipality, but this is regularly transferred in full or in part to the owners of adjacent properties by statute (§ 49 para. 4 Streets and Roads Act NRW, comparable regulations in other states). Property owners or landlords must therefore ensure that the sidewalk in front of their house is kept free from leaves, debris, snow, and ice. If they fail to do so, they are liable within the framework of their duty to ensure road safety for any damage caused to third parties (e.g., slips on icy pavement). This duty usually exists on weekdays from 7 a.m., on Sundays and holidays from 8 or 9 a.m., and generally applies until 8 p.m. (the exact times are set in local statutes). Landlords can transfer the duty to tenants but must explicitly regulate this in the rental agreement and regularly monitor compliance.
Are bicycles allowed to be parked on the sidewalk?
Parking bicycles on the sidewalk is generally permitted as long as no one is obstructed or endangered (§ 24 StVO). It is crucial that there remains enough space (at least 1.5 meters) for pedestrians to pass safely. The spontaneous parking must not result in a permanent blockage or property damage. In many cities, however, there are additional local regulations or special bans on bicycle parking, especially on narrow sidewalks or in front of entrances and exits. Locking bicycles to traffic signs or lampposts is allowed provided it does not cause property damage. In case of violations, authorities can remove bicycles; repeatedly abandoned ‘scrap bikes’ are considered waste and may be disposed of.
Do pedestrians need to observe a particular flow of traffic on the sidewalk?
According to § 25 para. 1 of the German Road Traffic Regulations (StVO), pedestrians are required to use sidewalks where available. As a rule, they must walk on the right side of the sidewalk, but may also walk on the left as long as they do not hinder the flow of other pedestrians. Special consideration must be given to people with prams, wheelchairs, or restricted mobility, as sufficient space must be left for these individuals. Groups of pedestrians are required to use the sidewalk in such a way that oncoming pedestrian traffic remains possible. Walking, running, or playing (e.g., skateboarding) on the sidewalk is only permitted if it does not pose a danger to other pedestrians.
Are motor vehicles permitted to park or stop on the sidewalk?
According to § 12 para. 4 StVO, parking and stopping motor vehicles on sidewalks is generally prohibited unless expressly permitted by traffic signs (sign 315). Even briefly stopping (e.g., for letting people in or out) is considered an administrative offense unless permission has been granted. In specifically designated areas, parking with at least two wheels on the sidewalk is allowed, but only if the vehicle does not exceed the specified weight limit (often 2.8 t maximum gross weight) and enough space (at least 1.5 m) remains for pedestrians. In the event of violations, fines may be imposed, and in case of obstruction, vehicles may be towed away at the owner’s cost.
Who is liable for accidents occurring on the sidewalk?
If an accident occurs on the sidewalk – for example, due to icy conditions, unsecured construction sites, or obstacles – liability is governed by general civil law, particularly § 823 BGB (duty to pay compensation). The owner of the adjacent property must regularly check, clean, and, where necessary, provide warnings as part of their duty to ensure road safety. If the duty has been properly transferred to a tenant or service firm, they are liable in the event of their own negligence. The municipality is only liable if it does not adequately fulfill its obligation to inspect and maintain (e.g., in the case of construction sites or damage to the sidewalk surface). If a duty of care or supervision is violated, claims for damages due to injuries or property damage may be asserted.
When may the sidewalk be used temporarily for construction work, furniture transport, or events?
For the temporary use of sidewalks beyond ordinary pedestrian traffic (e.g., setting up scaffolding, furniture transports, street cafés, market stalls, events), a special use permit must normally be obtained from the local road traffic authority or municipal regulatory office (§ 29 StVO, municipal special use statutes). The permit is generally only granted if the remaining sidewalk is still safely walkable and meets the minimum width (usually 1.5 to 2 m) for passersby. Use is limited to a set duration and may be subject to requirements such as barriers, lighting, or liability assumptions. Unauthorized or unreported use may be punished by fines.
What penalties may be imposed for violating sidewalk regulations?
Violations of the legal requirements regarding the use, cleaning, or keeping sidewalks clear are subject to various sanctions: For administrative offenses under the German Road Traffic Regulations (e.g., parking on sidewalks without permission), fines between 20 and 100 euros may be imposed, possibly plus towing costs. Failing to meet obligations to clear or grit may result in claims for damages in the event of an accident. Anyone who undertakes special uses without authorization risks fines under municipal statutes and the immediate order to remove the use. In the case of repeated or serious violations, substantial penalties may be imposed. In particularly serious cases, such as personal injuries, criminal consequences (e.g., for negligent bodily injury) are also possible.
