Court Ruling: Residents in Brandenburg Care Homes Have Right to Single Rooms
Brandenburg court upholds single-room rule for care home residents
Berlin (dpa/bb) – Residents in Brandenburg's care homes fundamentally have the right to a single room, with shared rooms now permitted only in exceptional cases. This follows an appeals court ruling by the Berlin-Brandenburg Higher Administrative Court (case no. OVG 6 B 12/25).
The operator of a care home in Erkner, near Berlin, which has existed since 1995, sought approval from the State Office for Social Affairs and Supply to continue operating with shared rooms—a request that was denied. After the Administrative Court in Cottbus dismissed a lawsuit against the decision, the care home operator's appeal also failed.
Court Deems Regulation Appropriate
According to the Higher Administrative Court, the legal basis for the single-room requirement is a 2010 ordinance issued under the Brandenburg Care and Assisted Living Act. The court ruled that the mandate for single rooms serves to protect the privacy and intimacy of vulnerable older adults, as well as people with disabilities or care needs in residential facilities.
The judges found no unlawful infringement on the fundamental rights of care home operators. The court also noted that potential challenges in implementing the rule are sufficiently addressed through extended transition periods. Under the ruling, shared accommodation in care homes is now only permissible in exceptional cases—such as at the resident's request or to prevent social isolation.
The Higher Administrative Court did not allow a further appeal, though the plaintiff may still file a complaint against this decision. The Federal Administrative Court would then rule on the matter.
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