(1) The owner of a plot of land may not prohibit the introduction of gases, steam, smells, smoke, soot, warmth, noise, vibrations and similar influences emanating from another plot of land to the extent that the influence does not impair the use of their plot of land, or impairs it only to an insignificant extent. An insignificant impairment normally is given if the limits or targets laid down in statutes or by statutory instruments are not exceeded by the influences established and assessed under these provisions. The same applies to values in general administrative provisions that have been issued under section 48 of the Federal Environmental Impact Protection Act (Bundes-Immissionsschutzgesetz) and represent the state of the art.
(2) The same applies to the extent that a material impairment is brought about by a use of the other plot of land that is customary in the location and cannot be prevented by measures that users of this kind reasonably can be expected to tolerate in economic terms. Where the owner is obliged to tolerate an influence under these provisions, they may require from the user of the other plot of land reasonable compensation in money if the influence impairs a use of the owner’s plot of land that is customary in the location or its yield beyond the degree that the owner reasonably can be expected to tolerate.
(3) Introduction through a special pipe or line is impermissible.