Immission
An interference from one plot of land on the neighbouring plot, for instance by noise, dust or vibration; neighbour law sets limits to it (section 364 ABGB).
Construction work often causes immissions such as noise, dust, vibration or loss of light. Under section 364 ABGB such interferences must be tolerated only insofar as they do not exceed the level customary for the locality and do not substantially impair the locally customary use of the neighbouring plot.
Where these limits are exceeded, claims for injunctive relief and, in certain cases, for compensation come into consideration; for officially authorised installations section 364a ABGB may provide a fault-independent settlement. Damage to the neighbour's building substance can additionally trigger damages.
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your construction project are always decisive.
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