According to the Railway Crossing Act (EKrG), crossings of railroads and roads are either level (level crossings) or not level (flyovers).
If and to the extent required for the safety or the handling of traffic, taking into account the foreseeable development of traffic, crossings are to be eliminated, relieved by construction measures that reduce traffic at the crossing, or modified by the construction of overpasses, by the installation of technical safety devices, in particular barriers or light signals, by the creation of visible surfaces at level crossings that are not technically secured, or in any other way (§ 3 EKrG).
If such a measure is carried out at an overpass, the costs shall be borne by the parties who demand or should have demanded the modification.
If such a measure is carried out at a level crossing, the parties involved shall each bear one third of the costs. The last third of the costs shall be borne by the Federal Government in the case of crossings with a railroad track of a railroad owned by the Federal Government, and by the Land in the case of crossings with a railroad track of a railroad not owned by the Federal Government (Section 13 No. 1 EKrG).
If, at a level crossing, a federal railroad intersects with a road under municipal construction obligation, the federal government bears half of the costs, the federal railroad bears one third and the Land in which the crossing is located bears one sixth of the costs (Section 13 (2) sentence 1 EKrG). If a non-federally owned railroad crosses a road in the charge of a municipality at a level crossing, the Land in which the crossing is located shall bear two-thirds of the costs and the non-federally owned railroad one-third (Section 13 (2) sentence 2 EKrG). Roads in the charge of municipalities within the meaning of the EKrG are those in the charge of municipalities, associations of municipalities, independent cities and districts as well as local crossings in the course of federal, state or national roads in the charge of municipalities.
When regulating the legal relationships at railroad crossings or overpasses in the course of municipal roads, constructional and legal difficulties frequently arise. To avoid financial disadvantages, municipalities are recommended to seek expert advice from the government before concluding crossing agreements.