Child daycare facilities; application for an operating license

Owners of a child day care facility require an operating license.

The licensing requirement applies to all daycare facilities where children are cared for all or part of the day.

Daycare facilities that require a permit include

• crèches
• kindergartens
• day nurseries
• Mixed-age facilities (houses for children)
• Short-term care (facilities requiring a license)
• "Networks for children" facilities

The operating license can be subject to additional conditions and requirements and is generally only issued after a thorough examination of the local conditions.

• Concept incl. protection concept
• Floor plans with square meter specifications and functional description
• Statutes of the executing agency
• Evidence of formal qualifications of management
• Extended certificate of good conduct of the facility management
• Rental agreement
• Surrender contract
• Usage agreement for dual use
• Building permit (including change of use/fire protection)
• Childcare contract

Permission must be granted if the welfare of the children in the daycare facility is guaranteed. This can generally be assumed if

• the provider has the necessary reliability to operate the facility
• the spatial, technical, economic and personnel requirements for the operation of the facility in accordance with its purpose and concept are met and are guaranteed by the provider,
• social and linguistic integration and a health-promoting living environment are supported in the facility and the preventive health care and medical care of the children and young people are not made more difficult, and
• the development, application and review of a concept for protection against violence, suitable procedures for self-representation and participation as well as the possibility of complaints in personal matters within and outside the facility are ensured in order to safeguard the rights and well-being of children and young people in the facility.

The application must be submitted in writing to the district administrative authority (district office or municipal administration) or, in the case of daycare facilities run by independent municipalities, to the government. The government will then check - if necessary also by inspecting the premises - whether the requirements for granting the operating license are met.

Depending on the requirements of the individual case, the responsible specialists have the right and the duty (also unannounced) to inspect the ongoing operation of the facility, particularly in the event of danger. The competent authority must be notified of the commencement (and imminent closure) of the operation of a facility requiring a permit, stating the name and address of the provider, the type and location of the facility, the number of places available and the names and professional training of the manager and care staff. Any changes and the number of occupied places must be reported once a year.