Care facilities and units - operating approval

The construction and operation of care facilities (nursing homes, care units, care places) needs a permit by the NÖ provincial government based on NÖ Sozialhilfegesetz 2000 (NÖ SHG 2000) as well as NÖ Pflegeheim Verordnung.

Care places are facilities for 1 to 4 people dependent of care
Care units are facilities for 5 to 12 people dependent of care and
Nursing homes are facilities starting from 13 people dependent of care

The permit of construction and operation has to be issued in advance of the establishment of the care facility.

The permit of care facilities has to be issued, if

• The planning of the building concerning construction and furniture as well as the operating and personnel concept allow the execution of professional social assistance,
• The minimum requirements of the “NÖ Pflegeheim Verordnung” are fulfilled
• The land ownership or other rights for the use of possible social assistance facilities are verified
• The civil and financial foundation allows the construction and operation of the social assistance facility,
• The necessary building permit was issued and
• No legally binding conviction because of a criminal offence exists against the applicant (In legal entities against the body responsible for external representation), which justifies the assumption that because of its type of action, its reprehensibility, the danger of the circumstances of the act, the elapsed time and behaviour during that time the permit could be misused.

Further information about the procedure only German

Amt der NÖ Landesregierung, Abteilung Gesundheitsrecht

Authentication or signature of the application is not required.

An appeal is possible against rulings issued by an authority and shall be filed by the party within a four 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.

Point of single contact Niederösterreich https://eap.noe.gv.at/Start.aspx?lang=en

Amt der NÖ Landesregierung, Abteilung Gesundheitsrecht

05.03.2024