In today's article from the series "Tuesday Mornings for the Construction Industry", we would like to return to the Act of 5 December 2024 on Population Protection and Civil Defense (hereinafter referred to as the " Shelter Act "), which we wrote about in article #238 , and we want to focus on the impact of the Shelter Act on the real estate market.
Additional responsibilities for developers
First and foremost, we point out that developers, as private entities, may be subject to additional obligations. This means that selected businesses may be recognized as entities whose activities are essential to carrying out public protection tasks and, on this basis, be obligated to perform specific tasks. This will be done on the basis of an agreement or administrative decision.
"A place of temporary shelter" in multi-family residential buildings and underground garages
In the previous article, we mentioned the newly introduced definition of a " place of emergency shelter " as a collective protection facility, meaning a structure adapted for the temporary sheltering of people. This concept applies particularly to developers and new investments. According to Article 94 of the Shelter Act, underground levels in multi-family residential buildings and underground garages , if they do not include a protective structure, shall be designed and constructed to accommodate emergency shelter . Therefore, even if a given multi-family building is not intended as a protective structure (e.g., as a shelter or hiding place), all designs will have to take into account, at the design stage, that underground garages are intended to serve as temporary shelters.
When will the obligations come into effect?
In accordance with the transitional provisions, the obligation to build places of emergency shelter applies to construction projects for which, after 31 December 2025, an application for a building permit is submitted, an application for a separate decision on approval of a plot or land development plan or an architectural and construction design is submitted, or a notification of construction or performance of other construction works is submitted in the event that obtaining a building permit is not required.
This means that for all building permit applications, starting January 1, 2026, the construction design will have to incorporate the provisions of the Shelter Act. Therefore, it's definitely worth accelerating any design work so that applications are submitted to architectural and construction authorities by the end of this year (2025).
Detailed technical conditions
The principles for designing collective protection areas are to be specified in a regulation. At this time, a draft regulation regarding the detailed technical requirements for collective protection areas has not been developed.
Financing
Importantly, due to the need to ensure the protective function of a structure, developers may request that "civil protection authorities" (i.e., the mayor, city president, district head, voivode, Minister of Internal Affairs, and voivodeship marshal) provide them with additional funding in the form of targeted subsidies for the construction or reconstruction of protective structures, as well as the provision of emergency shelters. This funding may cover up to 100% of the increased investment costs associated with the need to ensure the protective function of a structure.
In summary, developers still have until the end of the year to design in accordance with the current regulations. As of January 1, 2026, the Shelter Act will be another element that must be considered when designing residential investments.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 10, 2025
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