PPP contracts do not result in any changes to, for example, the technical specifications or the road-specific legal provisions in federal trunk road construction. The state remains the owner of the federal trunk roads and continues to be responsible for their construction and maintenance. Towards third parties, the obligation to maintain them in a state safe for public use also remains with the public authorities. This means that, if a legal dispute arises from a breach of this obligation, the contracting authority – as is normally the case – will still be the party against whom the claim must be made. Signage also continues to be controlled by the public authorities. This means that on PPP road sections, too, only signs provided for by the German Road Traffic Regulations may be installed; signs are installed upon the order of the public authorities. Environmental standards or other legal requirements must also be observed in PPP projects. In addition, the PPP contractor must observe the requirements set out in the plan approval decisions.
In order to increase the transparency of PPP projects, the Coalition Agreement between the governing parties for the 19th parliamentary term provides for the publication of PPP contracts of the ongoing PPP projects after the contracting partners have given their consent. After the consultation with the contracting partners has taken place, the PPP contracts for which the private partners have given their consent are published in the download section. Any business and commercial secrets contained in the PPP contracts have been blackened out by the contracting partners. For further information, the project outlines of the ongoing PPP projects are also available. Further PPP projects are to be published progressively in the future.