Housing and Participation Act (Saxony-Anhalt)

Basic data
Title:	Law on forms of housing and participation in the state of Saxony-Anhalt
Short title:	Housing and Participation Act
Abbreviation:	WTG LSA
Type:	State Law
Scope:	Saxony-Anhalt
Issued on the basis of:	Art. 74 (1) no. 7 GG
Legal matter:	Special administrative law , social law
References :	BS LSA 217.14
Issued on:	February 17, 2011 ; ( GVBl. LSA p. 136)
Entry into force on:	February 26, 2011
	Please note the note on the applicable legal version.

The law on forms of housing and participation of the state of Saxony-Anhalt (WTG LSA), which replaces the federal dormitory law in some essential parts , was passed in the state parliament on December 9, 2010 and on February 25, 2011 in the state law and ordinance gazette (GVBl . LSA p. 136), thus entered into force on February 26, 2011.

Reason for the legal regulation

With the Federalism Reform I, the dormitory law was transferred to the state legislature, since within the framework of the competing legislation according to Art. 74, Paragraph 1, No. 7 of the Basic Law (GG), the federal legislature is only responsible for public welfare, without the dormitory law. On a regulation regarding the security regulations z. B. §§ 14 ff HeimG, was deliberately omitted and thus a regulatory area created for the state legislature.

With the Housing and Care Contract Act (WBVG) of May 1, 2010, the federal legislature again made the civil law part of residential care subject to its legislation.

The law on housing and participation of the state of Saxony-Anhalt is therefore only a matter of “regulatory support” and thus regulatory support for the WBVG of the federal legislature.

The Saxony-Anhalt housing and participation law includes the following points:

De-bureaucratisation of home law;
The need for protection of the people affected, taking into account the current knowledge of care and nursing science;
Extension of the area of application to new and alternative forms of living and nursing care;
No application to semi-stationary forms of care, both in assistance for the disabled and in care;
Establishment of a graduated regulatory law, according to the structural dependency of the residents on providers of the inpatient facility or other forms of housing.

Self-chosen form of living / free choice of services

Self-organized forms of living are not subject to state control and the legislation only provides for a right to advice from the responsible authorities.

The law does not apply to the form of assisted living. The provision of housing under tenancy law, which is only combined with general support services, i.e. not with care and support services, and which can be legally and actually freely selected, is not subject to the Housing and Participation Act.

The decisive criterion for the necessary protection of those affected depends on the degree of structural dependence of the resident.

Structure of the Housing and Participation Act

The law is divided into six sections.

The first section defines the purpose and scope of the law. The law applies to inpatient facilities and other non-self-organized forms of living, but these only have a right to advice.

Furthermore, a differentiation is made according to the three categories of communal forms of living, namely for adults, older people, those in need of care or disabled people, who are treated differently according to regulatory law. These people live in different institutions that are defined by the legislator:

§ 6 Exclusion from the scope

“Assisted living”, i.e. a form of living in which, in addition to the provision of living space, only general support services of minor importance are provided, does not fall within the scope of the law.

This law also does not apply to day-care patients

Day and night care facilities within the meaning of Section 41 (1) SGB XI;
Facilities of assistance for people with disabilities;
Day care centers, day care centers and workshops for people with disabilities within the meaning of Section 136 SGB IX;
Hospitals as well as - now also - preventive and rehabilitation facilities according to § 107 SGB V as well as facilities and boarding schools for vocational preparation;
Vocational training in the sponsorship of the vocational training and professional development agencies according to § 35 SGB IX expressly excluded from the scope.

Regulations of the 2nd section

The second section of the law focuses on strengthening self-determination and participation as well as consumer protection.

Regulations for

Improvement of advice (§ 7),
Increase in transparency and information for consumers (§ 8),
Participation of the residents (§ 9),
Opening up the community with the involvement of civic engagement (§ 10).

This section of the law serves the consumer interest and consumer protection in a special way.

Regulations of the 3rd section

This section contains the regulations for inpatient facilities.

Regulations of the 4th section

This paragraph contains the regulations for other types of housing. It describes the quality requirements for other, non-self-organized forms of living, which are also subject to graded regulatory law.

This section regulates:

the quality requirements for carrier-controlled, outpatiently supervised residential communities (§ 16), as well as
the quality requirements for assisted living groups for people with disabilities (§ 17),
the notification requirements (§ 18) for these special types of housing.

Regulations of the 5th section

The tasks and powers of the competent authority are defined in this section and the state supervision for the protection of residents is specifically designed here.

Regulations of Section 6

This last section contains administrative offenses, competences, authorities and final regulations. In particular, the following are regulated by law:

the necessary fine provisions (Section 31),
the determination of the authority responsible for the implementation of this Act (Section 32),
the basis of authorization to issue the statutory ordinances required for the implementation of this Act (Section 33),
the final provisions on the restriction of fundamental rights (§ 34) and
for the transitional continuation of the statutory ordinances under the Home Act (Section 35), and
the regulations for the entry into force of the law (Section 36).

They therefore still apply in Saxony-Anhalt