- no location -
Select your location for location specific information:
Child daycare facilities; application for an operating license
Owners of a child day care facility require an operating license.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
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.
Requirements
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 line with its purpose and concept are met and 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.
Required documents
-
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
Proceedings
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.
Fees
none
Deadlines
none
Special notes
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.
Legal bases
-
§ 45 Sozialgesetzbuch VIII (SGB VIII)Erlaubnis für den Betrieb einer Einrichtung
-
Rahmenbedingungen und rechtliche Grundlagen für die Kindertagesbetreuung in BayernInformationen des Bayerischen Staatsministeriums für Familie, Arbeit und Soziales
Appeal
The decision on the application for an operating license can be appealed against or an administrative court action can be brought.
Related issues
-
Homes for minors; notification of opening, imminent closure and special incidents
The provider of a facility that requires a permit must ensure that it complies with the reporting obligations to the competent authority in accordance with Section 47 SGB VIII.
-
Homes for minors; application for an operating license
Operators of homes and day care centers for minors require an operating license in accordance with § 45 SGB VIII.
-
Child daycare; notification of childcare without an operating licenseChildcare services for a maximum of 10 hours per week or care for individual children for no longer than 5 hours per week do not require an operating license, but must still be registered with the youth welfare office.
-
Child daycare facilities; notification of opening, imminent closure, staff notification and special incidentsThe provider of a facility requiring a permit must comply with the reporting obligations to the competent authority in accordance with Section 47 SGB VIII.
-
Child daycare facilities; application for staff approvalIf a provider of a child daycare facility wishes to employ a pedagogical specialist or supplementary staff member without a recognized qualification, personnel approval must be applied for.
-
Child daycare facilities; application for an allocation for construction measures
Upon application, the Free State grants subsidies for municipal construction measures at day-care centers.
-
Child day care; application for a care permit
If you would like to work as a childminder, you need a care permit before you start working and from the first child.
Status: 13.01.2025
Editorial responsibility Bayerisches Staatsministerium für Familie, Arbeit und Soziales
Contains machine translated content.
Show the original content