Child Care Facilities; Application for an Operating Permit

In general, a license is required for all child care facilities where children are cared for all day or for part of the day.

Child care facilities that require a license include:

• daycare centers
• Kindergartens
• After-school care centers
• Mixed-age facilities (children’s homes)
• Short-term care (facilities requiring an operating license)
• "Networks for Children" facilities

The operating license may be subject to additional provisions and conditions and is generally granted only after a thorough review of local conditions.

The license must be granted if the well-being of the children at the child care facility is ensured. This is generally assumed to be the case if

• the operator possesses the reliability required to operate the facility
• the spatial, technical, financial, and personnel requirements for operation—which are consistent with the facility’s purpose and concept—are met and guaranteed by the operator,
• social and linguistic integration and a health-promoting living environment within the facility are supported, and preventive health care and medical care for the children and adolescents are not impeded; and
• to safeguard the rights and well-being of children and adolescents in the facility, the development, implementation, and review of a plan to protect against violence, appropriate procedures for self-advocacy and participation, and the opportunity to file complaints regarding personal matters both within and outside the facility are guaranteed and applied.

The application must be submitted in writing to the district administrative authority (district office or city administration) or, in the case of child care facilities operated by municipalities independent of a district, to the state government. The authority will then review—including, if necessary, by inspecting the premises—whether the requirements for granting an operating license have been met.

The responsible professionals have the right and the duty—even without prior notice—to inspect the facility’s ongoing operations as required by the circumstances of each individual case, particularly in the event of a hazard. The commencement (and any impending closure) of operations at a facility requiring a license must be reported to the competent authority, including the name and address of the operator, the type and location of the facility, the number of available spaces, and the names and professional qualifications of the director and the care staff. Any changes and the number of occupied spaces must be reported once a year. 

• Concept, including safety plan
• Floor plans with square meter measurements and descriptions of the rooms' functions
• Bylaws of the Operating Organization
• Management's Educational Credentials
• Extended Certificate of Good Conduct for the Facility Management
• Lease Agreement
• Assignment Agreement
• Terms of Use for Dual Use
• Building permit (including change of use/fire safety)
• Care Agreement