Daycare Permitting Rules

This page provides resources for daycares and other care providers, as they navigate the development process in the City of Austin. It explains how to get permits and/or a Certificate of Occupancy for daycare structure(s), the process for residential and commercial zoned properties, describes submission requirements, and how to request help if needed.

What you will find on this page:

Residential Process

For residentially zoned structures, daycare use does not trigger additional requirements if there are six (6) or fewer care recipients. Seven (7) or more care recipients in a residential structure would be required to follow the steps in the Commercial Process and would need an updated Certificate of Occupancy.

Commercial Process

For commercially zoned structures with daycare as the primary use, daycares and other care providers must have a Certificate of Occupancy (CO) which reflects the current use of the building or unit. This requirement exists to ensure the building’s safety for care recipients. If the most current CO does not reflect the daycare as the current use, then the applicant will need to submit an application to the Development Services Department (DSD) to update the building use. This is referred to as the Change of Use process. A Change of Use (with or without proposed construction) involves obtaining an approved site plan or site plan exemption, obtaining approved building plans for the structure’s use, activating the corresponding permits, and calling inspections to finalize all permits. A finalized Building Permit will result in the required updated CO. After an updated CO is issued to the property, then the applicant may continue with their required Fire Inspections.  

For an overview of the development process, please refer to the Understanding the Development Process webpage.

Development projects (including Changes of Use with no construction) go through each step of the process, as applicable:
 

step 1   Zoning Review

Each project begins with the Zoning Review step to confirm the proposed development is compatible with the property’s zoning. If the property’s zoning is not compatible, then the rezoning process would be necessary to proceed with the proposed development. Once zoning is confirmed, the staff would confirm if the property is subdivided (i.e., the property has “legal lot lines” which match County records). If there are discrepancies between the lot lines and what is recorded, then the subdivision process may be required. The Zoning and Subdivision steps may be required depending on the property specifications. Our Land Development Information Services (LDIS) staff can assist if there are questions about how to apply or what will be required for site plans. 

 

step 2   Site Plan/Site Plan Exemption

Most Commercial development projects will need an updated site plan or site plan exemption. There are guidelines that determine project eligibility for site plan exemptions. For example, one such guideline is that the project must not exceed 1,000 square feet of work. A site plan and site plan exemption check the “horizontal” parts of the property (e.g., transportation, environmental regulations, etc.). Our Land Development Information Services (LDIS) staff can assist if there are questions about how to apply or what will be required for site plans. To learn more about site plans and site plan exemptions, visit the Site Plans, Exemptions, and Corrections webpage.

 

step 3   Commercial Plan Review/Change of Use

After obtaining an approved site plan or exemption, a Commercial Change of Use applicant would then apply with Commercial Building Plan Review. As opposed to the “horizontal” review during the site plan phase, this review examines the structures themselves. This review will ensure that plans for the physical structure(s) will be safe and usable by occupants and visitors. Plans may have several review cycles until all plan aspects meet life safety code requirements. 

 

step 4   Activating a Permit

Once plans are approved through Commercial Building Plan Review, permit(s) are generated and issued for the project. The approved permits need to be activated by a registered contractor. Our Building and Trade Contractor Services staff process contractor registration and permit activation. Construction and inspections cannot begin until the permits have been issued and activated. 

 

step 5   Inspections

The Inspections phase can begin once the permits are active. The number of inspections will depend on the work conducted. Each permit’s inspection process ends with a corresponding “Final Inspection.” For more detailed information on inspections, please reference the Building Inspections webpage, Austin Public Health webpage, and Austin Fire Inspection webpage. After passing the Final Inspection on each permit, you will receive a Certificate of Occupancy with the proposed use. After an updated CO is issued to the property, then the applicant may continue with their required Fire Inspections.  

 

Submission Requirements

To apply for an updated Certificate of Occupancy (CO) and/or permits, please review the following requirements and application guidelines:

1) Approved Site Plan or Site Plan Exemption 

  • An approved Site Plan or Site Plan Exemption is required before submitting a Commercial Building Application. If there is not an approved Site Plan or Site Plan Exemption, please speak with Land Development Information Services staff. Appointment information is in the “Contact and Appointments” section. The Site Plan or Site Plan Exemption should show the location of the building(s), property lines, parking, and other site features. You can find steps on how to submit on the Land Development Information Services webpage. 

2) Approved Commercial Building Plans 

  • After obtaining an approved Site Plan or Site Plan Exemption, apply to Commercial Plan Review for the Change of Use. A Change of Use is necessary if the most current CO does not reflect the proposed use (e.g., a care facility use for the building or unit). 
  • When ready, submit a new Commercial Plan Review application through the Commercial Building Permit Web Form. 
  • More information about Commercial Plan Review can be found on the Commercial Plan Review webpage.  

Commercial Building Application 

The Commercial Building Application (PDF) must be completely filled out. Incomplete applications are not accepted. For help filling out the application, please refer to the Interactive Guide to the Commercial Building Application or get help from Commercial Intake staff. Appointment information is in the “Contact and Appointments” section. 

  • Address: Provide the address of the project, including the suite number and building number, if applicable. If there is no address, please reference the Addressing webpage for more information. 
  • Approved Site Plan: Please include the Site Plan number and expiration date or Exemption number. The building's Current Use (per the latest Certificate of Occupancy) and Proposed Use must both be filled in.  
  • Description of Work: describe all proposed work, including the requested Change of Use as applicable. 
  • Mailing Address: Please include the owner’s name and phone number. Only the permittee or authorized agent for the project will be contacted for future review comments. Please ensure accurate contact information. 
  • Commercial Building Application Checklist: All required items for submittal are identified through the Commercial Building Permit Web Form. If the submission is incomplete, fees may apply. 

Building Plans – Floor Plan 

Scaled or dimensional plans are required for submittal. Creating a floor plan to scale can be done by hand. Take accurate measurements of the space and use a pencil and graph paper to scale down the measurements. Standard scales are ¼” = 1’-0”, 1/8” =1’-0”. For graph paper, note how many squares equal one foot. 

  • Include complete floor layout sheet(s). The floor layout sheet can be hand-drawn. 
  • Identify with a label the use and size of each room with dimensions and square footage. If labeling the use as a care room, please identify the ages and number of care recipients for each room. 
  • Show all doors and windows. Also include the location of all toilets, bathrooms, bathtubs, showers, kitchen sinks, counters, and cabinets. 
  • Show the complete exiting system, including exit signs, methods of egress, etc. 
  • Show accessible route information from the parking to the front door. 
  • Please show the space in context with the larger building and floor levels, if applicable (e.g., a suite or unit in a building). This is referred to as a key floor plan. 

Site Plan 

Please refer to the approved Site Plan/Site Plan Exemption number on the application. If there is not an approved Site Plan or Site Plan Exemption, please refer to the Site Plan section of this guide for further clarification.  

Fees 

The Development Services Department fees are related to application processing, plan reviews, activation of permits, and the re-scheduling of inspections and can vary from project to project. 

Visit the Fee Schedule webpage for a complete list of DSD fees.

For questions related to specific fees, please contact the respective groups. Appointment information is in the “Appointments” section. 

Activating a Permit

After the plans are approved, permit(s) are generated for the project. These permits need to be activated and have contractors assigned. For more information on this process, please reference the Activating a Permit webpage. 

Once a permit is activated, inspections can be called. When all permits pass the final inspection, the permit is finalized, and an updated Certificate of Occupancy is issued. 

Appointments

Schedule a virtual or in-person appointment with select work groups to help answer your daycare-related development and permitting questions. 

Land Development Information Services: assists with questions such as which Site Plan Application to submit, the site plan process and requirements, Site Plans Exemptions, Corrections, and Revisions for commercial and multi-family properties and uses.

Commercial Intake: assists with questions about the commercial building permit application, required documents and forms, Commercial Plan Review submission requirements, and the commercial review process.

Commercial Building Plan Review: assists with general technical code questions related to plan review applications that have not yet been approved and permitted.

Building and Trade Contractor Services: assists with activating a permit, registering a contractor, and adding and removing contractors, among other permit administrative functions.

Inspections staff: assists with questions about general inspection policies and procedures and inspection questions related to building codes.

Development Process Team: assists homeowners and small business owners with high-level process questions related to proposed home or business improvements.

For assistance with obtaining an existing Certificate of Occupancy, please email DSDCertificateOfOccupancy@austintexas.gov.

 

Related Links

Building Technical Codes