Poland: Civil defence regulations to influence private sector

In December 2024, Poland adopted new regulations on civil protection and civil defence. It is important to note that these regulations continue the European-wide trend of reviewing national security situations and preparing for defence (the regulation entered into force on 1 January 2025). The justification for the act cites the geopolitical environment as well as the need for comprehensive regulation, following audits conducted by the Supreme Audit Office in 2011-2024 and addressing legal loopholes resulting from previous changes to defence regulations. Informally referred to as the "shelter act", the legislation focuses primarily on matters relating to evacuation, shelters and places of refuge, as well as preparation of relevant plans and procedures regarding the safety and survival of civilians in case of danger. Relevant authorities are obliged to plan and organise appropriate protection infrastructure, and certain buildings can be designated for this purpose by administrative decision. The coming years are likely to demand increased focus, both at the central and local levels, on the matters addressed in the regulation. The regulation obliges the Council of Ministers to provide the Parliament and Senate with a report on its performance each year, with the first report to be presented by 30 April 2026. The act assumes investment from public resources of not less than 0.3 % of GDP.

The act imposes obligations on new developments of public and multifamily buildings, thereby extending its impact to the private sector. Defensive structures must be located in public buildings if necessary to ensure a place of refuge and technically feasibly within the given development. This obligation may be waived if there is a neighbouring refuge capable of sheltering the occupants of the public building. Underground floors of multifamily and public buildings (if there is no defensive structure) should be designed and developed in a manner allowing for the organisation of temporary places of refuge. The regulation will apply to developments for which an application for a building permit or a separate decision on the approval of the plot, land development or architectural and building design is filed after 31 December 2025. 

Developers anticipate that the new requirements will impact construction timelines and increase costs. They will be entitled to request subsidies of up to 100 % of the increased costs. However, for additional costs related to meeting technical requirements for establishing temporary places of refuge, the final decision rests with the relevant authority. As a result, the market assumes that the increased development costs will be passed on to end buyers, potentially exacerbating the housing shortage in Poland.

author: Agnieszka Gul-Czajkowska