Child daycare facilities; application for an operating license

The licensing requirement applies in principle to all daycare facilities in which 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 an operating license)
• "Nets for children" facilities

The operating permit may be subject to ancillary provisions and conditions and is generally only issued after a thorough examination of the local conditions.

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

• the operator has the necessary reliability for the operation of 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 guaranteed by the responsible body,
• social and linguistic integration and a health-promoting living environment in the facility are supported and preventive health care and medical care for 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 adolescents in the facility.

• Fee schedule
• Securing financing
• Notarial association registrations

• § Section 45 of the German Social Code VIII (SGB VIII)

  Permit for the operation of a facility

• Art. 9 Bavarian law on the education, upbringing and care of children in kindergartens, other day care facilities and in day care (Bavarian Child Education and Care Act - BayKiBiG)
• Framework conditions and legal basis for child daycare in Bavaria

  Information from the Bavarian State Ministry for Family, Labor and Social Affairs

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.

• Child daycare facilities; notification of opening, imminent closure, staff notification and special incidents
• Child day care; application for a care permit
• Child daycare; notification of childcare without an operating license
• Child daycare facilities; application for staff approval