Home Law

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Basic data
Title: Home Law
Previous title: Law on old people's homes, old people's homes and
nursing homes for adults
Abbreviation: HeimG
Type: Federal law
Scope: Replaced by state law in all countries (Art. 125a, Paragraph 1, Sentence 2 of the Basic Law)
Legal matter: Special administrative law , social law
References : 2170-5
Original version from: August 7, 1974
( Federal Law Gazette I, p. 1873 )
Entry into force on: 1st January 1975
New announcement from: November 5, 2001
( BGBl. I p. 2970 )
Last change by: Art. 3 sentence 2 G of July 29, 2009
( Federal Law Gazette I p. 2319, 2325 )
Effective date of the
last change:
September 30, 2009
(Art. 3 sentence 2 G of July 29, 2006)
GESTA : I025
Please note the note on the applicable legal version.

The German Home Law of November 5, 2001, abbreviation HeimG , applied to homes in Germany that take in elderly people or those in need of care or disabled adults. After the transfer of legislative competence for the public-law home law from the federal government to the federal states in September 2006, the home law continued to apply as long as no state-law home law had been created. In June 2014 , Thuringia was the last state to pass the Thuringian Law on Assisted Living and Participation, so that the Home Law has now been replaced nationwide by state law. However, the regulations on the Home Act (for the time being) continue to apply in some federal states.

Purpose of the regulations

This law (former name: Law on old people's homes , old people's homes and nursing homes for adults ) contains regulations for the protection of home residents. This includes homes that take in people who are in need of care because of their age, disability or need for care. Other groups of people (e.g. the homeless ) are not covered by the protection of the Home Act. The law contained (until September 30, 2009) regulations on the content of home contracts , e.g. B. on written form and notice periods . Unlike the law of obligations of the BGB , these regulations are indispensable .

The home law and the relevant case law regulations ( home staff regulation , Heimmindestbauverordnung , Home Participation Regulation ) govern certain minimum standards of homes within the meaning of Home Act for contract design, staffing and structural standards. The home supervisor had to check this and remedy any grievances. This could lead to a home being closed or employment bans for those identified as unsuitable. Home supervision is based in the individual federal states with different authorities, partly in rural districts or cities (e.g. in North Rhine-Westphalia ), partly in pension offices or state offices for social affairs and family (or similarly titled).

To the scope

The law applied both to homes that accept elderly people or persons in need of care or disabled adults not only temporarily (ie more than three months) and to a limited extent to short-term nursing homes (cf. § 1 Paragraph 3 HeimG). In addition to the provision of accommodation, the accommodation included meals and care. For example: nursing home , old people's home .

In the literature on Section 1 of the Home Act , the differentiation between the various types of care and contracts is discussed in detail. It is a question of whether an institution needs special supervision by home supervisors and whether the standards mentioned must be guaranteed; So things that are not insignificant for the price of living and housing in the facility.

The area of ​​application of the Home Act to special forms of living (e.g. assisted living ) was occasionally controversial in literature and jurisprudence, and the amendment to the Home Act that came into force on January 1, 2002 did not change much. The attempt to make the distinction between domestic living and other assisted living forms clearer was regarded as unsuccessful in the literature. However, a legal door was opened by an experimental model test clause. In the run-up to the amendment to the law, supervised forms of living were regularly added to the term “ home ” by case law and also against the will of both contracting parties, thus transforming a rental contract into a possibly unwanted home contract .

In the new version of the law, it was mentioned that only institutions are meant that “take in” people. This term is supposed to be associated with a certain degree of integration of the resident in the “home” organism, which is usually not the case in assisted living facilities such as rented houses. Establishments are combinations of material and human resources under the responsibility of an institution.

Residential communities for the elderly or the disabled do not fall under this term. Furthermore, these were not fundamentally independent of changes and the number of residents, as required by Section 1 (1) HeimG. On the other hand, there was usually also a home when residents in a facility were grouped together in family-like house communities and there was also a permanently present caregiver living there, as is often the case with mentally confused or mentally ill people.

The fact that the person concerned can and does order room cleaning and food does not speak against accepting their own apartment (also in the context of a shared apartment ). The decisive factor is that given the circumstances, he has the opportunity to cook for himself - even if it is only in a communal kitchen - and to keep supplies in a refrigerator in his own room or in the communal kitchen. It also doesn't matter if the person concerned only has a single room available, while the kitchen and sanitary area are shared, that would correspond to the structure of shared apartments. Another argument against a home is when residents can decide for themselves who will live with them in the future and have a free choice of outpatient services.

For the application of the Home Act, in turn, could speak if the facility is structurally equipped like a home, e.g. B. has community and therapy rooms and offers day structuring that enables residents to live together. In addition, Section 1 (1) of the Home Act required that care and catering be provided.

Care and support

The support within the meaning of § 1 para. 1 and 2 HeimG closed his care and went conceptually significantly beyond. A pure nursing home also provides other services in addition to (sick) care. So it is something completely different from legal care in a guardianship sense. On the other hand, this care should also be of a certain intensity and continuity. A supply guarantee should be taken over in the sense that all matters of coping with existence / everyday life are taken care of, even if the state of health or needs for help change. So-called general support services, often also referred to as basic service, are viewed as insufficient . As a rule, these consist (only) of advice and help with applying for social benefits or arranging housekeeping or nursing services as well as in house emergency services and janitorial services and are also common for assisted living facilities .

The structure of the law

  • § 1–2 Scope and purpose of the law
  • § 3 Services of the home, statutory ordinances in addition
  • § 4 Advice
  • Sections 5–9 no longer apply with effect from September 30, 2009, and are now regulated in the WBVG .
  • § 10 Participation of the residents
  • § 11–14 Requirements for the operation of a home, recording and retention obligations, monetary or monetary benefits to providers and employees
  • § 15–17 Supervision ( home supervision etc.)
  • § 18–19 Employment ban, temporary home management, prohibition
  • § 20 Cooperation, Working Groups
  • Section 21 Administrative offenses
  • Section 22 Reports at the federal level
  • §§ 23-25a Responsibility and implementation of the law, applicability of the trade regulations, continued validity of statutory ordinances, test regulations (i.e. exceptions for new types of tests limited to a maximum of four years),
  • Section 26 Transitional Provisions

Country expertise

When the federalism reform came into force on August 1, 2006, the federal government's legislative competence in residential law was transferred to the federal states despite violent protests from many specialist agencies. As long as no new state home law has been passed, the federal home law continues to apply. On October 1, 2009, the Housing and Care Contract Act ( BGBl. I p. 2319 ) replaced Sections 5–9 of the HeimG, which contained the provisions of the home contract.

The federal states have now created the following state home law:

Ordinances under this law

  • The ordinance on personal requirements for homes - in short: Heimpersonalverordnung (HeimPersV) of 19 July 1993 ( Federal Law Gazette I p. 1205 ) came into force on 1 October 1993. Areas of regulation are individual personal requirements for the facilities subject to the HeimG such as the qualification profile of the employees and the home manager or the nursing service management / responsible nurse, e.g. B. by participating in events for in-service training and further education .

Part of the above The federal states have now also issued their own statutory ordinances.


  • Börner / Großmann / Ziller: Advice on home law. Perspectives of the home law after the federalism reform ; Frankfurt 2008, ISBN 978-3940087102
  • Dahlem / Giese / Igl: Home law of the federal and state governments (loose-leaf commentary) ; Neuwied, ISBN 978-3-452-17850-3
  • Deinert (Ed.): Heimrecht. Collection of federal and state regulations ; Cologne 2012, ISBN 978-3846201329

Web links

Individual evidence

  1. Home Law for Baden-Württemberg ( Memento of the original from July 28, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (Law for Supportive Housing, Participation and Care - WTPG) of May 14, 2014  @1@ 2Template: Webachiv / IABot / www2.landtag-bw.de
  2. Act to regulate the quality of care, support and living in old age and with disabilities (Care and Living Quality Act - PfleWoqG)
  3. Law on self-determination and participation in assisted communal forms of living (Wehnteilhabegesetz - WTG) of June 3, 2010 (GVBl. Page 285)
  4. Law on living with care and support of the state of Brandenburg of July 8, 2009 (Brandenburgisches Pflege- und Betreuungswohngesetz - BbgPBWoG)
  5. Bremen Housing and Care Act (BremWoBeG)
  6. Hamburg Law for the Promotion of the Quality of Housing and Care for Elderly, Handicapped People and People Dependent on Care (Hamburg Law for Housing and Care Quality - HmbWBG) (PDF)
  7. ^ Hessian law on care and nursing services
  8. Act to promote quality in facilities for people in need of care and people with disabilities and to strengthen their self-determination and participation - facility quality law (EQG M – V) of May 17, 2010, GVOBl. M – V No. 9 of May 28, 2010 p. 241
  9. Lower Saxony Home Law of June 29, 2011, Nds. GVBl. 2011, 196.
  10. State Law on Forms of Housing and Participation of September 22, 2009 (State Law on Forms of Housing and Participation (LWTG))
  11. Saarland law to ensure the quality of housing, care and care for older people as well as adults in need of care and disabled persons (Saarland State Home Law - LHeimGS) of May 6, 2009
  12. ^ Text of the Saxon Care and Quality of Living Act
  13. Law on Forms of Housing and Participation of the State of Saxony-Anhalt (Housing and Participation Act - WTG LSA) of February 17, 2011, GVBl. LSA 2011, 136
  14. Law to strengthen self-determination and protection of people with care needs or disabilities (Self-Determination Strengthening Act - SbStG) Schleswig-Holstein Nursing Code - Second Book of July 17, 2009, GVOBL. 2009, 402
  15. http://landesrecht.thueringen.de/jportal/portal/t/zmx/page/bsthueprod.psml?pid=Dokumentbeispiel&showdoccase=1&js_peid=Trefferliste&documentnumber=1&numberofresults=41&fromdoctodocannt=yes&doc.id=jlGpart-W = 0.0 & doc.hl = 1