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Licence for operating a "Kindergruppe" daycare facility - application

German version

In Vienna, you need a license from the City of Vienna to operate a "Kindergruppe" (i.e. a facility that regularly provides daycare for children but is not part of a school or kindergarten). The Vienna Child and Youth Welfare Service (MA 11) is in charge of verifying compliance with the legal requirements. If you meet the requirements, you can file an online application to start a Kindergruppe.

Your application needs to include the following:

  • Education concept for the facility, including a location concept for the premises used
  • Current extract from the Register of Associations ("Vereinsregister") / proof of authority to sign
  • Data for all board members
  • Current version of your articles of association ("Satzung")
  • Business plan
  • Document(s) proving that the facility operator has the right to use the premises (e.g. lease contract)
  • Applicant’s curriculum vitae
  • Funding application for non-contributory kindergarten care ("Beitragsfreier Kindergarten")
  • Sample text for contract with parents / childcare agreement
  • Official request to start the association’s activity, issued by the Vienna Federal Police Directorate
  • Confirmation of the association’s or company’s official bank account

Your application has to include a curriculum vitae. To draw up your CV, you can use the online guide:

Upload your CV with the correct online application form ("Bewilligung für den Betrieb einer Kindergruppe"). Please note that the data in the CV must be identical to the data in your application to ensure it linked to the correct application.

General information

The relevant legal regulations for this investigation procedure are the General Administrative Procedure Act (Allgemeines Verwaltungsverfahrensgesetz 1991 - AVG), the Vienna Daycare Act (Wiener Tagesbetreuungsgesetz - WTBG), the Vienna Daycare Ordinance (Wiener Tagesbetreuungsverordnung - WTBVO) and the Vienna Early Education Act (Wiener Frühförderungsgesetz - WFfG).

If all the legal requirements are met, the application will be approved by administrative order.

Data protection

For information on data protection and your data protection rights as an individual please visit: Data Protection Notice (German)

Requirements

  • A Kindergruppe is a daycare facility that regularly provides care and education to minors (daycare children) up to the age of 16 (toddlers, pre-schoolers, and/or school children) against payment of a fee, and is located in suitable premises but not part of a school or a licensed children’s daycare centre.
  • To operate a Kindergruppe, you needs a licence from the Child and Youth Welfare Service (MA 11)
  • The legal entity operating the Kindergruppe may be a natural or legal person (corporation).
  • A licence will not be granted if the applicant(s), any persons sharing their household, or any other members or representatives of the corporation might pose a threat to the welfare or safety of the daycare children. Please note: As part of the licensing process, the Vienna Child and Youth Welfare Service will request a police clearance certificate (German) from the Federal Police Directorate in Vienna based on the official register of convictions. If deemed necessary, the Vienna Child and Youth Welfare Service may request an opinion from the Regional Office for Social Work with Families in the applicant's district, or obtain an extract from the residence register. It may also require the applicant to provide a medical certificate or other information.
  • Every Kindergruppe must have at least one staff member of full legal age and capacity who has the necessary training and personal qualities to provide childcare. Training for Kindergruppe care providers (German)
  • A maximum of 14 children may be in a Kindergruppe at any one time. If at least one child is younger than two years and no second care provider is present, the maximum group size is ten children.
  • The premises of a Kindergruppe must be suitable for long-term use. The size, equipment and furnishings of the premises must be appropriate for the education concept, and suitable for the age, needs and safety of the daycare children. The size of the premises must allow for at least four square metres of floor space per child and care provider.
  • Special info events on operating a children’s daycare facility centre (one-stop-shop; information in German) Every second Wednesday in the months of January, April, July and October, the Vienna Child and Youth Welfare Service holds info events for prospective daycare centre operators where officials from all authorities involved in approving the application are available for questions.

Deadlines

The approval procedure may take up to six months from the day of application, provided that the applicant provides all required documents in time.

Contact

Child and Youth Welfare Service (Kinder- und Jugendhilfe) (MA 11) (German)
Legal Affairs Group, Child Daycare Section (Gruppe Recht - Referat Kindertagesbetreuung)
1030 Vienna, Rüdengasse 11
Phone: +43 1 4000-90923 or -90736 or -90739
Fax: +43 1 4000-99-90739
E-Mail: g-gra@ma11.wien.gv.at

Information by phone: 7.30 am to 3.30 pm

Procedure

Information on the approval procedure for a Kindergruppe is available in the guidebook "Leitfaden zur Gründung einer Kindergruppe" (German).

We recommend submitting the location concept and current floor plans allowing the authority to assess the premises’ suitability based on the Vienna Daycare Ordinance (WTBVO) before (!) submitting your application. It is essential that the premises have been reclassified as a childcare facility by the competent department of the City Administration (Building Inspection - Baupolizei MA 37).

Authentication and signature

Authentication or signature of the application is not required.

Documents required

According to Art 6/2 of the Vienna Daycare Act (WTBG) every application for operating a Kindergruppe must include the following documents:

  • Education concept taking into account current education standards, containing
    • a description of the organisation and structural conditions of operation (structural quality)
    • details on the way children are perceived, and requirements for the attitude of team members in terms of promoting the children’s development and educational progress; description of the educational approach (quality of orientation)
    • illustration of educational work in everyday pedagogical life work based on the principles of the Vienna Education Plan (process quality)
    • Information on whether religious education is provided
  • Details on requirements for childcare providers according to Art. 3/1/2 of the Vienna Daycare Act (WTBG)
  • Details on the personal suitability and training of the prospective childcare providers, and the number of childcare staff
  • Information on the ownership of or other legal titles to the premises envisaged for the daycare centre, plus description of the location, size and equipment of the premises.
  • Information on the intended number and age of the daycare children, a room use plan, the available play and activity facilities for children.
  • Official inspection reports on fire protection systems, chimney(s), and electrical systems (these documents may be submitted later if they are not yet available at the time of application).
  • Business plan for at least the first three years of operation, including the following sections:
  • Business plan for the facility, covering at least the first three years of operation and containing the following:
    • Executive summary of the entire business plan, (lit. b - l)
    • Information on the business (e.g. legal form, organisation, excerpt from the official collection of court decisions ("Ediktsdatei")
    • Business model (products and services, target groups, benefit to customers, unique selling proposition)
    • Analysis of the market and competitive situation (market analysis, sectoral analysis, approaches to attaining a competitive edge)
    • Marketing strategy (pricing, customer acquisition and loyalty strategy, USP concept)
    • Capital plan (financial capital required for organising and opening the Kindergruppe)
    • Financial plan (calculation of financial means used to cover the capital need calculated)
    • Sales plan (List of prospective sales)
    • Cost calculation (Plan of all prospective costs incurred to operate the Kindergruppe)
    • Financial viability plan (overview of when and to what extent the Kindergruppe is expected to make profits, or cease making losses)
    • Liquidity plan (overview of financial resource development to ensure financial solvency)
    • Future chances and risks for the Kindergruppe

To allow the authorities to assess compliance with all legal requirements, further documents must be submitted:

  • Floor plan of the premises with official approval by the Vienna Building Inspection Department (Baupolizei) ( may be submitted later if plan is not yet available at the time of application)
  • If the application is filed by a private association: articles of association and extract from the Register of Associations (German)
  • The applicant(s) must provide:
    • Curriculum vitae
  • If the association or natural person is represented by another person, an official authorisation or letter of proxy is required
  • All board members of the Association must provide the following data:
    • First name and surname
    • Academic titles
    • Date of birth
    • Place of birth
    • Citizenship
    • Home address
  • Further documents may be required in individual cases and for citizens of non-EU countries, such as a permanent residence permit
  • All staff providing childcare must supply
    • a police clearance certificate
    • a police clearance certificate for child and youth welfare
    • staff data file (Personalblatt)
    • proof of training according to Article 4 of the Vienna Daycare Ordinance (WTBVO) as amended

NB: The authorities will only agree to schedule a meeting for on-site inspection and approval once all documents required have been submitted and officially assessed as correct.

Type and format of the evidence to be submitted:
You can find more information about bringing in documents at: Contact the City of Vienna (German)

Fees

There is no charge for the application.

Form

Further information

The guidelines listed below, the A-Z guide (to operating a childcare facility), the basic documents for education facilities and the relevant legal texts contain important information on setting up a Kindergruppe and are indispensable for quality assurance. We strongly recommend that every applicant read these documents before submitting an application.

Further information and guidelines are contained in the document A-Z guide to operating a children’s daycare facility (German)

Basic documents for educational work (- containing requirements stipulated by law) (German):

Legal basis (in German):

Means of redress or appeal

An appeal is possible against rulings issued by an authority and shall be filed by the party within a 4 weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.

The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.

Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.

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Last update

27. October 2022

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City of Vienna | Child and Youth Welfare Service
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