Power cable (10 kV) without permission through our property

Hello everyone,

Our family (2 adults and 3 children) live in a 1F house and an apartment (small our software company) in a forest area. Today we are building a 2F house (70% finished) next to the 1F house on our property. Our property is located in a forest area – no neighbors within a radius of 2 km.

Until today we have been customers of a local electricity supply company and have a private overhead line (1KWatt) 2 km long, which is laid on public land. In the future, we will need more electricity than we have today – for 1-FH + 2-FH approx. 30 KWatt. We plan to dismantle our private overhead line and continue laying underground cable connections.

But in December 2017 we ran into problems...

1. Problem: The electricity supply company switched off our power because, in their opinion, the private overhead line was life-threatening due to flooding. We tried to get an offer for a new electricity connection from this company, but they said that our property does not belong to them.

2. Problem: About 1 year ago, an unknown company worked next to our property and laid new underground cable next to us. We thought it was a cable from a windmill, but at the end of 2017 we found out that it is a high-voltage line (10KVolt), and the high-voltage line was built by our electricity supply company. The electricity supply company has laid underground power cable through our property (corner) without our permission! The cable laying is not only permitted in the road area but also came about 0.5 meters onto our property. The cable lies 1.5 meters from our 2-FH large basement, which is about 2 meters deeper than the high-voltage cable. The basement is registered as living space. The new power line and building charges have not been entered in our land register. We saw the construction work in spring 2017 next to our property but unfortunately did not see when the underground cable was laid through our property. Only in December 2017, when the plants were already gone, did we realize that part of the cable was laid on our property. This fact was verified with ground scanner/georadar.

Could you please explain to us:

1. Is it even allowed that the local electricity supplier runs a power cable (10 KVolt!) through our property without our permission? Is it allowed if the distance from the building to the underground cable is only 1.5 meters? There is plenty of space outside, it would be possible to build this high-voltage line far away (10-20 meters) from our property without any problem.

2. Are we allowed to connect to this connection (via transformer), because
* this connection is the closest,
* exactly at our property there is a reinforced concrete slab (we suspect that under it is a connection),
* because according to building law our 1-FH with office + 2-FH need a total 30 KWatt connection, and no other electricity companies (within 1 km) have such capacities,

or if it is not allowed to connect, then how far according to law must a high-voltage cable be from our property?

Thank you very much for the help

Elena

1. Is it even allowed for the local electricity supplier to run a power cable (10 kV!) through our property without our permission? Is it allowed if the distance from the housing to the underground cable is only 1.5 meters? There is plenty of space outside, so it could easily be possible to build this high voltage line far (10-20 meters) from our property.

In the specific individual case, it is not entirely clear. Basically, as the connection customer and property owner, you are obliged to allow the installation and laying of lines serving the local supply free of charge pursuant to § 12 para. 1 sentence 1 NAV. So you must first find out exactly where the cable is located (not by your own detection, but by requesting plans from the grid operator) and what purpose it serves (supply of the municipality where you live or a supra-municipal transmission cable). The rule here is: know, don’t believe! If it is not secured by NAV but is a supra-municipal transmission cable without real security: claim for removal according to §1004 Building Code, to be applied by a specialist lawyer.