A private kindergarten (eralasteaed) or private childcare facility (eralastehoid) in Estonia needs an activity licence (tegevusluba) from the Ministry of Education and Research under the Preschool Education Act (alusharidusseadus)89. The licence covers a specific place of activity and is applied for at least five months before the start9.
Information as of 10 November 2026. Every numbered statement of this page was checked in the official text named below and re-checked by a second reviewer on 2026-11-10. The page is general information, not legal advice; the authority decides on every application.
What the activity is
The Preschool Education Act (AHS) governs the activity, funding and supervision of municipal and private kindergartens and childcare facilities for children up to seven years of age1. In force since 1 September 2025, it repealed the former Preschool Child Care Institutions Act (koolieelse lasteasutuse seadus)2.
The act has two types of institution:
- **Childcare (lastehoid)** — an educational institution on the national preschool curriculum where children up to seven are cared for and their general skills are supported3.
- **Kindergarten (lasteaed)** — an educational institution on the national preschool curriculum supporting children aged three to seven towards basic education4. A kindergarten may also have one or more childcare groups5.
Not covered here: a private kindergarten and general education school operating as one institution, a type of private school under the Private Schools Act (erakooliseadus); the AHS applies to it only insofar as that act does not provide otherwise6.
The legal act and the authority
- Act: Preschool Education Act (alusharidusseadus, AHS), redaction in force from 1 November 20267.
- Licence requirement: the right to run a private kindergarten and offer preschool education, and the right to run private childcare, is granted by an activity licence under the AHS8.
- Competent authority: the Ministry of Education and Research (Haridus- ja Teadusministeerium, HTM) decides on the application. The licence entitles the holder to operate at a specific place of activity9.
- Register: the HTM announces its decision by e-mail to the address in the application; the institution's data are entered in the Estonian Education Information System (Eesti hariduse infosüsteem, EHIS)10.
- Supervision: the HTM carries out state supervision of private kindergartens, private childcare facilities and their keepers; the Health Board (Terviseamet) supervises compliance with the health-safety requirements for the environment11.
Who must apply
- The keeper (pidaja) of a private kindergarten must be a legal person in private law12.
- The keeper of private childcare may be a legal person in private law or a sole proprietor (füüsilisest isikust ettevõtja, FIE). Private childcare may also operate in a dwelling and on residential land13.
Municipal institutions: a municipal kindergarten or childcare facility is kept by the local authority; the local authority notifies the HTM of its decision to found it at least five months (kindergarten) or two months (childcare) before activity starts14.
Requirements for the applicant
Funding. Whether a minimum capital applies is specified for the client's situation. The keeper must ensure the institution's sustainability, including sufficient funding; the institution has its own budget approved by the keeper15.
Licence conditions for a private kindergarten. The keeper must ensure sustainability and sufficient funding; have enough qualified staff; have statutes and a curriculum meeting the act; have premises, buildings, land and furnishings meeting the AHS § 4 requirements; and ensure compliance with all the act's requirements16. If the kindergarten has a childcare group, its curriculum must also contain a childcare curriculum, and the childcare requirements of the act apply as well17.
Licence conditions for private childcare. The conditions include qualified staff in the number AHS § 34 requires, a childcare curriculum under AHS § 36, and premises that allow the planned number of children to be cared for18.
Statutes and language. A kindergarten has statutes stating at least its seat and places of activity, name, structure and language(s) of instruction19. A private kindergarten sets its language in its statutes; if it is not Estonian, Estonian must be taught (save for International Baccalaureate and European Schools curricula). Childcare is in Estonian20.
Management. The kindergarten is managed by a director. The keeper of a private kindergarten creates a collegial body to which the act's rules on the board of trustees (hoolekogu) apply21.
Staff and qualifications.
- Director: master's degree or equivalent, pedagogical and management competences and Estonian language proficiency22.
- Kindergarten teacher: higher education and a teacher's professional qualification, or higher education and pedagogical competences22.
- Assistant teacher: at least secondary education and a childminder qualification, or secondary education and pedagogical competences22.
- Childminder (lapsehoidja) in childcare: at least secondary education, a level 4 childminder professional qualification and Estonian language proficiency23.
Group size and staffing ratios. A kindergarten group may have up to 20 children; the keeper may exceptionally raise this by up to four. A childcare group may have up to 15 children (up to 16 for under-threes, or up to 20 for children aged three to seven, if at least one full-time teacher works in the group). There must be one childminder for every five children up to three years old and for every ten children over three25.
Curriculum. The kindergarten draws up its own curriculum on the basis of the national preschool curriculum26. A childcare curriculum sets out the facility's aims, expected general skills, assessment and support of development, cooperation with parents and the updating procedure27.
Premises. Requirements for the learning and growth environment, health protection and safety are set by a Government of the Republic regulation28.
AML/CFT, IT and outsourcing. Whether such requirements apply is specified for the client's situation.
Documents filed with the application
Private kindergarten — the application is accompanied by30:
- the decision founding the kindergarten;
- a development plan;
- the keeper's confirmation that it will ensure enough qualified staff;
- the keeper's confirmation that it will meet all requirements of the act;
- the statutes and the curriculum;
- the assessment of the competent authorities;
- data on payment of the state fee.
Private childcare — in addition to the application and what the General Part of the Economic Activities Code Act requires31:
- the items in AHS § 43(3) points 1–3;
- if childcare is in a dwelling, the health certificate on infectious diseases of each adult using the dwelling;
- the childcare curriculum;
- data on payment of the state fee.
The HTM may request further documents, data or information proving the licence conditions32.
State fee and processing time
- State fee: EUR 500 for reviewing a private kindergarten licence application and EUR 100 for a private childcare licence application (State Fees Act, riigilõivuseadus, § 53¹)33.
- Filing deadline: at least five months before activity starts9.
- Decision: the HTM decides on granting or amending the licence within two months of the application34. This is the time limit set by law, not a promise of a date; the HTM may ask for more information, and it refuses the licence, or grants it only for the places where compliance was proven, if the requirements are not shown to be met3235.
- After the licence: a change of place of activity needs an amended licence, applied for at least two months before the change24. The HTM may revoke the licence, among other grounds, if activity has not started within one year of the licence36.
Transition rules. Private kindergarten licences issued under the Private Schools Act before 1 September 2025 are deemed AHS licences37. A childcare-service licence holder continuing under the AHS had to align its activity and notify the HTM through EHIS by 31 August 2026; its licence is then deemed an AHS licence38. Until 31 August 2028 the master's degree requirement does not apply to directors, nor the childminder qualification (except Estonian) to childminders, who held those posts before the act entered into force39.
What LexorCorp Global OÜ does and how to order
LexorCorp Global OÜ offers the general service "Activity licence application documentation": it sets out the act's requirements for the activity from the official text, prepares the application documents and manages the process with the authority, including written follow-up of its questions. The price is from €3,500, one-time; no VAT is added. State fees are paid by the client. The timeline is by agreement.
It gives no legal, tax or audit advice, does not provide staff, premises or the competent authorities' assessments, and cannot promise the licence, a date or any decision of the Ministry.
Order: order form
Sources
- AHS § 1(1)-(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 67 and § 80 (original text RT I, 09.01.2025, 1) — text in force from 01.09.2025
- AHS § 3(1) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 3(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 3(3) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- EraKS § 2(2) p 2; AHS § 2(3) — text in force from 01.09.2025 (redaction valid until 31.12.2026); AHS 01.11.2026 (redaction valid until 31.12.2027)
- AHS header — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 16(3), § 33(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 22(1), § 43(1) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 23(4), § 44(4) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 48(2), (4) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 16(1) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 33(1)-(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 16(1), § 21(1), § 33(1), § 42(1) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 22(2) p 1, § 43(2) p 1, § 47(1); full text searched for 'kapital' - no hit — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 22(2) p 1-6 — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 22(3) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 43(2) p 1-6 — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 16(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 8(4), § 35(1),(3) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 25(1), (5) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 29(1), (3), (5) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 38(1) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 23(1), (3); § 44(1), (3) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 10(2), (6), § 34(1), (3) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 7(4) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 36(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 4 — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 22(4) p 1-8 — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 43(3) p 1-6 — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 22(5), § 43(4), § 23(2), § 44(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- RLS § 53¹ — text in force from 01.11.2026 (redaction valid until 31.12.2026)
- AHS § 23(1), § 44(1) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 23(2), § 44(2) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 24(1) p 3, § 45(1) p 5 — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 50(1) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 53(9) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
- AHS § 54(1), (4) — text in force from 01.11.2026 (redaction valid until 31.12.2027)
Official sources
The laws this article names, each linked to its official text, as read on 9 October 2026. For the Estonian acts we read the English translation in Riigi Teataja; the legally binding text is the Estonian one.
- State Fees Act — Riigi Teataja, English translation
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