Construction Projects in Poland Envisage Subterranean Refuges on Lower Floors

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The so-called "Small Shelter Act," officially known as the "Emergency Shelters Act," has left Polish businesses scratching their heads. This new legislation, set to go into effect on January 1, 2026, has stirred up confusion due to some misunderstandings among businesses.

Facing concerns from six major business organizations, including the Business Centre Club, the Polish Business Roundtable, and the Polish Association of Developers (PZFD), the Ministry of Interior and Administration decided to clarify the situation. They explained that the appeal was based on a misunderstanding, as the proposed regulation will not come into force 30 days after its publication, but will instead be effective from the aforementioned date in 2026.

The businesses had feared that the regulations could cause disruptions and delays in construction projects by coming into effect 30 days after being published in the Journal of Laws.

What's the Gist of This Act?

The Emergency Shelters Act requires the construction of emergency shelters in underground levels, garages, and public buildings, as well as metro stations and critical infrastructure. These shelters must be capable of accommodating at least 50% of the population in public protective structures, with the aim of enhancing civil defense and ensuring accessible shelters in urban areas.

However, the absence of transitional provisions in the draft law raised doubts among developers. Legal expert Patryk Kozierkiewicz from the Polish Association of Developers pointed out that without these provisions, the regulations could affect all planned investments and those with pending building permit applications at the time of the law's enforcement.

"This could potentially halt approvals and delay the construction of up to 150,000 housing units," Kozierkiewicz warned, highlighting the significant impact on the housing market and broader construction sector.

A Word from the Government

Notwithstanding the ministry's reassurances, the business community remains apprehensive and urges ongoing dialogue and transparency as the act moves towards implementation. The Ministry of Interior and Administration is currently finalizing the details of the law, which forms part of a broader legislative effort to enhance civil protection and population safety.

In light of the initial misunderstanding, the ministry's spokesperson, Jacek Dobrzyński, aimed to reassure businesses of the government's commitment to a gradual and manageable implementation timeline. "The planned date gives businesses ample time to adjust and comply with the new requirements, ensuring that the development projects continue with minimal disruption," he stated.

Behind the Act

The Emergency Shelters Act is part of Poland's strategy to boost civil protection in response to growing security concerns. By mandating the inclusion of shelters in new developments, the Polish government aims to ensure a higher level of preparedness and protection for its citizens, aligning with international standards and practices.

As Poland works towards implementing this significant legislative change, clear communication between the government and the business sector will be key to ensuring a successful integration of the act into the country's regulatory framework.

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The Emergency Shelters Act, due in 2026, has sparked concerns among Polish businesses, primarily over its potential impact on housing and construction.
Under the proposed legislation, emergency shelters must be constructed in various public spaces, with the goal of accommodating at least half of the population in case of emergencies.
Legal expert Patryk Kozierkiewicz from the Polish Association of Developers is concerned that the absence of transitional provisions could affect ongoing projects and housing development.
The Ministry of Interior and Administration has clarified that the law will come into effect as of the stated date in 2026, addressing fears of immediate disruptions in construction.
AI can play a crucial role in predicting the demand for emergency shelters and optimizing their construction, potentially streamlining the integration of the act in the regulatory framework.
The Polish government's push for enhanced civil protection through the Emergency Shelters Act aligns with international standards and goals for population safety.
The Ministry of Interior and Administration is encouraging dialogue with the business community, anticipating that clear communication will be vital for the successful implementation of the law in the realm of general news and politics.