Which paragraph do you mean? Can you provide hints on where to find the comments?
I do mean §34 of the Building Code.
The commentary I had read, I cannot find at the moment. But another one, which is not quite as explicit but still applies: BauBG_BauNVO_34_BauGB.pdf
A well-known search engine finds it quickly.
Then page 405, paragraph 75 (ee), last sentence. A judgment is also in the footnote. If you interpret it differently, please let me know.