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Licence for the Establishment and Operation of Child Protection and Care Units

Basic information

Institutional Body

MINISTRY OF SOCIAL COHESION AND THE FAMILY

Description

The procedure refers to the issuance of a Licence for the establishment and operation of Child Protection and Care Units and is addressed to Legal Persons under Private Law of non-profit nature, which meet the appropriate requirements.

At a glance

Points of ServicePoints of Single Contact (ΚΕΠ – EKE), Regions, Social Welfare Directorate of the Region of the place of establishment
Number of Documents0
CostProvided without cost
Deadline of Implementation2 months
Process Diagram

Conditions

Establishment of a business ("sole proprietorship", "partnership") *For company formation see the link below

Feasibility approval: The entity concerned submits to the relevant Regional Unit a Feasibility Study for the establishment of the MOP, setting out the reasons why its operation is necessary, in particular by documenting that the need for its operation in the proposed location cannot be met by existing services. The Feasibility Study shall include, inter alia: a description of the location and site of the establishment, the intended number of children in relation to the need for the creation of a new Child Care Unit, a viability report, as well as any other element deemed important by the Entity. The competent Directorate of the Regional Unit issues an opinion thereon and forwards the file to the Directorate for Child and Family Protection of the Ministry of Labour and Social Affairs for the issuance of a Feasibility Approval for the establishment of the Unit.

The legal person should be registered in the National Register of Private Social Care Entities in accordance with paragraph 5(a), (b) of Article 7 of Law 4555/2017 (A'22).

The Unit must meet the following site suitability requirements: α) The Unit shall be located within urban areas. (b) Access to the site shall be provided by an asphalted road within a town or village planning area. c) The buildings on the plot must be legally existing, in accordance with paragraph 1 of Article 23 of Law No. 4067/2012.

The Unit is required to meet the following building specifications: The building housing the Child Care Unit shall be subject to the following provisions: I. the building regulations in force or, in the case of pre-existing buildings with a "Health and Social Welfare" use, the building regulations under which the building permit was issued and shall in any case be legally existing. II. the Building Regulations for the category of use Health and Social Welfare III. the Fire Protection Regulation in force for subcategory E1 of the Health and Social Welfare category, or, for buildings with a Health and Social Welfare use which existed before this Regulation, the Fire Protection Regulation in force at the time of issue of the building permit or the ad hoc applicable fire protection provisions. IV. the requirements for adequate natural and artificial lighting, as well as ventilation of the premises, set by the relevant legislation.

Copy of the criminal record of the legal representative of the legal person in the name of which the establishment and operation licence will be issued, and of the members of its Board of Directors, stating that they have not been irrevocably convicted of the offences listed in par. 1 of Article 7 of Law No. 4837/2021 (A 178) and to any sentence for a felony or for one of the misdemeanours of theft, embezzlement, fraud, extortion, forgery, slander, defamation, counterfeiting.

What you will need

Identification and signature verification means
Identification document, Identification with TAXISnet codes
  • Application of the legal representative of the Legal Entity under Private Law
    Filed by
    Submitted by the applicant (digital), Submitted by the applicant (in person or by post)
    Note
    The application includes: the details of the legal representative of the legal entity, the name, the registered office, the capacity as it results from the application of articles 2 and 6 of the Joint Ministerial Decision No. 40494/11-05-2022 (B 2302), as amended by No. 49339/18-05-2023 (B 3289), as well as the distinctive title of the Child Protection Unit.
    Applicant status
    Legal entities under private law
Licence for the Establishment and Operation of Child Protection and Care Units
What you will need
1Feasibility ApprovalRule
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entities under private law
Notes
The feasibility approval is given in accordance with Article 3 of Joint Ministerial Decision No. 40494/2022 (B 2302), as amended by Joint Ministerial Decision No. 49339/18-05-2023 (B 3289).
2Internal Operating RegulationRegulation
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entities under private law
3Confirmation of the spaces that are intended for main use by a private engineer (paragraph 8 of article 107 of Law 4495/2017), regarding: - The legality of the building installations for the use in question and their compliance with the Building and Construction Regulations, - The Buildings Fire Protection Regulation, - the applicable general and specific planning provisions, as well as the building requirements of the specific legislation for the activity, as specified in Articles 6 and 7, according to the capacity and by age group. - Specific reference shall be made to the adequacy of water supply, electricity, telephone and sewerage services. The certificate from the engineer shall be accompanied by: α) Copies of all public documents on compliance with the planning legislation (building permit, revision or update of building permit, approval of small-scale building works, decision of exemption from demolition, legalization permit, certificate of completion of the procedure of exemption from demolition, certificate of payment of 30% of the single special fine or any other relevant document). b) Copies of approved floor plans of the premises where the activity is to be carried out. The copies of the approved floor plans are obtained either from the "e-adeies" building permit information system, or from the information system for the declaration of unauthorised buildings, or from the Building Departments paper archive, depending on the type of legal act (electronic or in paper form).Certificate from town planning
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesLegal entities under private law
Notes
A topographical diagram of the plot (EΓΣA 87) showing the layout of the buildings (main and auxiliary) where the Child Care Unit will be housed.
4Technical report of the engineer.Drawings / studies by an engineer / architect
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesLegal entities under private law
Notes
Technical engineering report which has been prepared taking into account the number of children accommodated in the facility by age group and which, among other things, includes: a. the full and detailed report on the fulfilment of the building requirements, as described in Articles 6 and 7, according to the capacity per age group of the Child Care Facility, b. a description of the accessibility of the site and the emergency exits, with an attached sketch, c. the possibility and adequacy of water supply, electricity, telephone connection and sewerage.
5Emergency Response Plan.Action / implementation plan
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entities under private law
Notes
Emergency Response Plan approved by the competent Civil Protection Department of the relevant Municipality.
6Solemn DeclarationSolemn Declaration
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesLegal entities under private law
Notes
A solemn declaration by the legal representative of the legal person in the name of which the establishment and operating licence will be issued, stating that at the time of submission: a. no criminal proceedings are pending against them and that no final or definitive conviction, which has not yet become irrevocable, is in force for the offences listed in par. 1 of Article 7 of Law No. 7. 4837/2021 (Α΄ 178), b. they have not been deprived of their civil rights as a result of a conviction for any criminal offence, c. they have not been placed under legal guardianship, d. after being granted the establishment and operation licence, they will employ the staff required for the operation of the establishment, e. as a security technician shall be appointed ..... (full name) .... with a Technical Chamber ID ...... (registration no.).... who, in accordance with Law No. 1568/1985 meets the requirements of a safety technician, f. the requirements of Articles 5, 6 and 7 concerning the suitability of the land and buildings and the layout of the interiors are fulfilled.
7Copy of a Criminal RegisterCriminal Record Copy for General Use
Filed by
Ex officio (manual)
Notes
A copy of the criminal record of the legal representative of the applicant, in the name of which the establishment and operation license will be issued, and of the members of its Board of Directors, stating that they have not been irrevocably convicted of the crimes listed in par. 1 of Article 7 of Law No. 4837/2021 (A 178) and to any sentence for a felony or for one of the misdemeanours of theft, embezzlement, fraud, extortion, forgery, slander, defamation, counterfeiting.
8The procedure involves the issuance of an electronic solemn declaration by the person concerned, without the need to visit an administrative authority or Citizens Service Centre (KEP). You can access the service of issuing the electronic solemn declaration in the following two (2) ways: a) with your personal web banking credentials at one of the available banks or b) with your personal TAXISnet credentials (after logging in once with your web banking credentials to confirm your mobile phone number). You will then receive confirmation codes by SMS on your mobile phone. The electronic solemn declaration that you will issue is legally equivalent to a sworn declaration bearing a genuine signature and you can either send it electronically or print it out and submit it to a public office. At the same time, the right of the citizen to physically sign the form of the Solemn Declaration under the Law 1599/86 (Article 8) and to submit it to a competent authority as a supporting document for their case is maintained.Solemn Declaration
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entities under private law
Notes
A solemn declaration by the members of the Board of Directors of the legal person stating that, at the time of submission, no criminal proceedings are pending against them and that there is no final or definitive conviction in force, which has not yet become irrevocable, for the offences listed in par. 1 of Article 7 of Law No. 4837/2021 (A 178). In the event of replacement or addition of a member of the Board of Directors, the aforementioned solemn declaration must be submitted to the licensing authority by the new member.
9A certified copy of the articles of association of the legal person and its founding act.Legal documents from legal entities
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesPersons
10Confirmation of the spaces that are intended for main useCertificate
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entities under private law
Notes
Confirmation of the spaces that are intended for main use under item 3 of article 2 of the Building Regulation by a private engineer according to par. 8 of article 107 of Law No. 4495/2017 (Α΄ 167).
11Building electronic record certificateCertificate
Filed by
Submitted by the applicant (in person or by post)
Applicant status
Legal entities under private law
Notes
Certificate of electronic identification of a building according to article 52 of Law No. 4495/2017 (A 167) after the date of its entry into force.
12Fire safety certificateCertificate of Active Fire Protection
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesLegal entities under private law
Notes
A certificate from the Fire Department that the building where the Child Care Unit will be located fulfils the fire safety requirements for its intended use.
13Confirmation of land use.Certificate
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entities under private law
14Social Insurance ClearanceSocial Security Clearance Certificate (eEFKA)
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entities
Notes
Insurance Clearance of the legal person (foundation, charitable association, etc.).
15Tax ClearanceTax clearance certificate
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entities
Notes
Tax Clearance of the legal person (foundation, charitable association etc.)
16Certificate of registration of the operator in the National Register of Private Social Care ProvidersCertification
Filed by
Submitted by the applicant (digital)Submitted by the applicant (in person or by post)
Applicant status
Legal entitiesLegal entities under private law
Notes
Certificate of registration of the operator in the National Register of Private Social Care Providers, according to par. 5 (a), (b) of article 7 of Law No. 4455/2017 (Α 22)

Online request

Submit a new application for the selected procedure.

Legislation

  • Description
    Competition Commission Decision. Opinion under Article 23 of Law No. 3959/2011 on the request for exemption from the provisions of Law No. 3919/2011 "Principle of Professional Freedom, abolition of unjustified restrictions on access to and exercise of professions" for the maintenance of the licensing procedure in the following welfare services of the Ministry of Health and Social Solidarity.
    Legal references
  • Description
    Simplification and integration into the Citizens Service Centres (KEP) operating as Single Points of Contact (EKE) of procedures within the competence of the Ministry of Health and Social Solidarity in implementation of the provisions of Law 3844/2010.
    Legal references
  • Description
    On the operation of Child Welfare Institutions.
    Legal references
  • Description
    Regulations for the suitability of building facilities.
    Legal references
  • Description
    Regulations for the suitability of building facilities.
    Legal references
  • Description
    "Preconditions for the establishment and operation of child protection and care units by private legal persons of a non-profit nature"
  • Description
    "Prevention and treatment of cases of abuse and neglect of minors, the "Kipseli" programme for the upgrading of the quality of services provided in crèches, nurseries and kindergartens, provisions for the promotion of fostering and adoption, "Personal Assistant for Persons with Disabilities" and other provisions."
  • Description
    "Jobs Anew: Reorganizing the Public Employment Service and digitizing its services, upgrading workforce skills and diagnosing labour needs, and other provisions."

About

Process code
397564
NACE code
74.9
Description of NACE code
Other professional, scientific and technical activities n.e.c.
Legal means of protection or appeal
Other Administrative appeal / Objection
Rules for non-response by the competent authority and legal consequences
Tacit approval

If the above deadline expires without action, the application is deemed to have been tacitly accepted and the licence has been issued, in accordance with par. 4 of Article 14 of Law No. 3844/2010 (OFFICIAL GAZETTE 63/A/3-5-2010). In the aforementioned case of tacit approval, the applicant may request a certificate from the administrative authority responsible for issuing the licence, in accordance with par. 4 of Article 10 of Law No. 3230/2004 (OFFICIAL GAZETTE 44/A/11-2-2004).

Other Information

Languages supported
English

ID: 397564

Name: Licence for the Establishment and Operation of Child Protection and Care Units