as border development
That means you are aiming for a real division?
It is clear that an encumbrance would have to be registered
No. Here is a solution without an encumbrance:
[ATTACH alt="Lageplan.png" type="full"]46544[/ATTACH]
The house is quite small (9m*10m). Whether it is enough, you have given too little information regarding your wishes.
Grandpa hasn't had his for about 10 years
And is there a permit for the conversion?
Let's put this side issue aside for now.
You are explicitly asking about the building law aspects. Planning law makes up at least half of that.
however, I fear that only the building inquiry will bring me legally binding enlightenment there.
Yes. Actually, the development plan must be changed or partially repealed. The municipality will probably not want to do that. Your designer will have to come up with a creative solution with the authorities. Since neighboring rights will hardly be affected, a legally not entirely watertight solution might be considered.
"Windows in the upper floor new building"
... mean 5m free space in NRW. Lower Saxony’s §30 is very short and not very concrete. Since fire protection is not my area of expertise, I have to pass on that.
How large/long/wide is this clearance?
§§ 5-7 Lower Saxony Building Code. If you read through these three paragraphs, you will find that this question is not so easy to answer. What I consider probable is shown above (distance from the ridge 5.15m). But then there is also §66 Lower Saxony Building Code, which could certainly come into question because of the existing fire wall.
My advice: Build directly adjacent, possibly with an integrated garage in the house. Everything else is a waste of space, because the plot is not that big after all.