1. Where Member States provide housing in kind, they shall ensure that such housing provides the applicant with an adequate standard of living in accordance with Article 19(2) as well as with necessary support to account for applicants’ special reception needs. The housing provided shall take one or a combination of the following forms:
(a) premises used for the purpose of housing applicants during the examination of an application for international protection made at the border or in transit zones;
(b) accommodation centres;
(c) private houses, flats, hotels or other premises adapted for housing applicants.
2. Without prejudice to any specific conditions of detention as provided for in Articles 12 and 13, in relation to housing referred to in paragraph 1(a), (b) and (c) of this Article, Member States shall ensure that:
(a) applicants are guaranteed protection of their family life;
(b) applicants have the possibility of communicating with relatives, legal advisers or counsellors, persons representing and other relevant national, international and non-governmental organisations and bodies;
(c) family members, legal advisers or counsellors, persons representing and relevant non-governmental organisations recognised by the Member State concerned are granted access to the housing provided in order to assist the applicants; limits on such access may be imposed only on grounds relating to the security of the premises and of the applicants.
3. Member States shall take into consideration gender and age-specific concerns and the situation of applicants with special reception needs when providing material reception conditions.
4. When providing housing in accordance with paragraph 1, Member States shall take appropriate measures to ensure, as far as possible, the prevention of assault and violence, including violence committed with a sexual, gender, racist or religious motive.
5. Where female applicants are placed in accommodation centres, Member States shall provide separate sanitary facilities and a safe place in those centres for them and their minor children.
6. Member States shall, as far as possible, ensure that dependent adult applicants with special reception needs are accommodated together with close adult relatives who are already present in the same Member State and who are responsible for them whether by the law or practice of the Member State concerned.
7. Member States shall ensure that transfers of applicants from one housing facility to another take place only when necessary. Member States shall provide for the possibility for applicants to inform their legal advisers or counsellors of the transfer and of their new address.
8. Persons providing material reception conditions, including those providing health care and education in accommodation centres, shall be adequately trained and shall be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work.
9. Member States may involve applicants in managing the material resources and non-material aspects of life in the accommodation centre through an advisory board or council representing residents. Without prejudice to Article 17, Member States may also allow applicants to perform voluntary work outside the accommodation centre subject to conditions of national law.
10. In duly justified cases and for a reasonable period of time which shall be as short as possible, Member States may exceptionally provide material reception conditions that are different from those provided for in this Article where:
(a) an assessment of special reception needs of the applicant is required, in accordance with Article 25;
(b) housing capacities normally available are temporarily exhausted or, due to a disproportionate number of persons to be accommodated or a man-made or natural disaster, housing capacities normally available are temporarily unavailable.
Different material reception conditions referred to in the first subparagraph of this paragraph shall in any event ensure access to health care in accordance with Article 22 and a standard of living for all applicants in accordance with Union law, including , and international obligations.
Where a Member State provides different material reception conditions in accordance with the first subparagraph of this paragraph, that Member State shall inform without delay the Commission and the Asylum Agency in accordance with Article 32(2) on the activation of its contingency plan. That Member State shall also inform the Commission and the Asylum Agency as soon as the reasons for providing those different material conditions have ceased to exist.
Correlation table
| Directive 2013/33/EU | This Directive |
| Article 18(1) to (8) | Article 20(1) to (4) and (6) to (9) |
| Article 20(1), second subparagraph | Article 20(3) |
| — | Article 20(5) |
| Article 18(9), first and second subparagraphs | Article 20(10), first and second subparagraphs |
| — | Article 20(10), third subparagraph |