Distance area in near-boundary construction

Hello!

We want to build our own home in Sachsen next year. We will stay exactly 3 meters away from the border to our neighbors. However, they built a house 20 years ago that is not even one meter (at the narrowest point 75 cm) away from the border. The owner of our property at that time agreed to this. In addition, our neighbor was some big shot in the city, so we believe that this was not entirely above board...

Now our question: Can the building authority reject our house and say that we have to stay even further away from the border because of fire protection, etc., or are 3 meters enough? And then can we install windows in the wall facing the border?

Thank you very much for any answers!
Thomas and Franziska

If you have a building encumbrance, it will be registered in the land register; if this building encumbrance generates setback areas, you must comply with these on your property. However, such matters should be clarified before the purchase.

Please do not confuse: Baulasten are registered in the municipality's Baulastenverzeichnis and are public law obligations, easements such as rights of way or utility rights are private agreements and are recorded in the land register. As a precaution, always check both.

So we have an A5 note stating that our neighbor is allowed to halve his setback area (whereas 75 cm is more than halved, right?!?). The question now is, what does that mean for us? Do we have to stay more than 3 meters away?

Do we have to stay more than 3 meters away?

Yes, it seems so. Is it the main house or an outbuilding?

It is a main house with two floors. I have just looked in the documents as well. The previous owner agreed to the development but stipulated that they must be 1.50 meters away from the boundary. However, they are not nearly that far.