Allgemeingebrauch

Allgemeingebrauch is a term used in German-language legal and administrative discourse to denote the use of a resource or space by the general public. It refers to access or use that is open to everyone, not restricted to a particular person or group, and which may be exercised subject to reasonable rules and constraints. The exact content of Allgemeingebrauch depends on the sector (for example property, land use, waterways, or public spaces) and on the national or regional legal framework.

In practice, Allgemeingebrauch covers things like the use of public roads and sidewalks, publicly accessible parks and squares, and certain public rights of way across land. It can also encompass the public’s use of water bodies for recreation, subject to safety, environmental, and regulatory requirements. Important in this concept is that the right is non-exclusive and that private property owners or authorities may impose limitations when legitimate interests (safety, order, privacy, maintenance) justify them.

The concept serves to balance public access with private rights. It is typically distinguished from exclusive or private use, where use is granted by the owner or by a specific license. Jurisdictional rules differ; the scope and limits of Allgemeingebrauch are defined by statutes, regulations, and case law in each country or region.

See also: Wegerecht, Öffentliche Güter, Nutzungsrecht.