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Key regulation on shelters fast-tracked into law

1. The concept of protective structures and the obligation to build them (Act on Civil Protection & Defence)

On 1 January 2025 the “Act of 5 December 2024 on Civil Protection and Civil Defence” (henceforth “the Act“) entered into force, imposing obligations to create and maintain so-called collective protection facilities (“CPF“) – i.e., facilities designed to protect the population against threats resulting from natural disasters, acts of terror, or military operations – not only on the competent public authorities (civil protection authorities, “CP“), but also on construction project owners, architects, and builders. CPFs are divided into protective structures (including shelters, i.e. enclosed and hermetic structures that protect against most threats, and hideouts, which are not hermetic and protect only against some potential threats) and places of emergency shelter, i.e. structures (or parts thereof) that are not protective structures but are adapted to temporarily shelter people or protect them from certain threats.

Under Article 93 of the Act, protective structures must be built in certain public utility buildings where this is both (a) justified by the need to provide a place of shelter for local residents, and (b) possible given the technical and structural solutions present in the building. The criteria to determine whether a public utility building should include a protective structure are specified in the “Regulation of the Council of Ministers of 31 July 2025 on detailed conditions for designating public utility buildings as ones in which a protective structure has to be provided”, discussed in an earlier article in this series. The obligation to build a protective structure will apply to new public utility buildings, i.e. ones for which the building permit application (or another relevant application or notification) is submitted after 31 December 2025 (Article 206 of the Act.)

Under Article 92 of the Act, CPFs (including protective structures) should be designed and constructed in compliance with technical and building regulations issued on the basis of the Construction Law, as well as with “technical conditions, technical conditions of use, and technical conditions of location that are necessary to fulfill the function of a CPF.” Article 92 also states that protective structures should be designed, so far as possible, as dual-use facilities, i.e. in such a way that they can be used for the owner’s needs in normal times while guaranteeing the fulfillment of their protective functions when necessary.

2. The regulation on technical conditions for protective structures: fast track enactment and scope

On 4 November the Minister of Internal Affairs and Administration issued a regulation that lays down the detailed technical requirements for protective structures mentioned in Article 92 of the Act (“Regulation of the Minister of Internal Affairs and Administration of 4 November 2025 on technical conditions for protective structures and technical conditions for their use and location,” henceforth “the Regulation”). Extraordinarily, it came into force already on 28 November, after it was exempted from the three-month standstill period pursuant to EU Directive 2015/1535. The need to enact rules to enable the design and construction of protective structures was deemed so urgent and important for public safety as to warrant such an exemption.  Therefore, our comments in the previous article about a probable delay in the Regulation’s entry into force have become obsolete.

The Regulation has four main subject areas. First, it distinguishes several resistance categories of protective structures (U-1, U-2 and U-3 for hideouts and S-1, S-2 and S-3 for shelters), depending on the level of protection that they offer against harmful influences and loads, including impact factors, such as the effects of explosions, gamma radiation or biological contamination. The resistance category determines the protective functions that a particular structure can fulfil. Second, it lays down criteria for the location of protective structures, these mainly come down to sufficient proximity to places where the people to be protected live, and sufficient distance from potentially dangerous structures. Third, it lays down detailed technical conditions for the design and construction of protective structures. In accordance with Article 92 of the Act, these include, in particular, structural resistance, fire safety, ventilation, evacuation, energy and water supply, sewage disposal, and other solutions meant to ensure the survival of persons inside the protective structure. Fourth, it lays down conditions of use of protective structures, meant to ensure that protective structures are kept in a condition (technical, hygienic/sanitary, and fire safety wise) necessary to fulfil their protective functions while being capable to be used for the owner’s needs in normal times in the case of dual-use structures. We discussed the provisions regarding resistance categories and technical conditions for location and use in last month’s article. In what follows we focus on the technical requirements for the design and construction of protective structures.

3. Key terms

We should begin by explaining several key terms used in the Regulation.

Some technical requirements vary depending on a protective structure’s protection period. The protection period of a protective structure is the period of so-called autonomy, during which people staying in the protective structure are provided with conditions that allow them to survive without having to use the external environment. As a rule, less stringent technical conditions are applied to structures with a protection period of up to 48 hours. The Regulation does not set a minimum protection period for protective structures.

Technical requirements also vary depending on a protective structure’s capacity. The capacity of a protective structure (or the capacity of a separate protection zone within a protective structure) is the maximum number of people who can stay in it with safe conditions. It is determined taking into account:

• the minimum usable floor area per person that should be provided to ensure the safe stay and movement of persons in a given protective structure, considering the assumed number of seats and sleeping places; it may not be smaller than 1 m² per person; and
• the safety of the protected persons, including: (1) the availability of air in the structure (the level of carbon dioxide must not exceed 2% by volume and the oxygen content must not be lower than 18%), (2) the structure’s protection period and (3) the number of emergency exits.

The capacity threshold that is most frequently used in the Regulation for various requirements is 300 people. While the regulation concerning places of emergency shelter (PES) sets a minimum capacity of 15 people for PES, the Regulation does not set a minimum capacity for protective structures. On the contrary: some of its provisions contain requirements for protective structures with a capacity of up to 10 people, which means that even structures for several people, basically household-level ones, are allowed. Nor does the Regulation set a maximum capacity for protective structures. Indeed, one of its provisions contains requirements for protective structures with a capacity of more than 1,000 people.

Another key term to explain is the expected debris area (“EDA”). EDA is the area around the building under which a protective structure is located that is at risk of being covered with debris as a result of the collapse of that building (or a part of it). As a rule, EDA extends outward at least 1/3 times the height of the building (depending on its structural design and the materials used for its construction). Appendix 3 to the Regulation contains a detailed formula for determining EDA in terms of radius from the exterior wall of the building.

4. Requirements for the design and construction of protective structures

The Regulation lays down technical requirements (conditions) for protective structures in the following areas:

4.1 Structural resistance

The requirements concerning structural resistance are defined from a functional perspective, i.e. the need to protect the persons or property inside the protective structure from specific adverse impacts. The structural system of a given protective structure must ensure, depending on the structure’s function, maintenance of load-bearing capacity in all structural elements under the action of the assumed loads (notably debris, shrapnel and small arms shelling, shock, overpressure, and other effects of explosion).

Detailed requirements for the design and calculation of protective structures’ required structural resistance, and for building materials that may be used for their construction , are set in Annex 3 to the Regulation.

4.2 Fire safety, including emergency exits

Protective structures should be designed and constructed in a way that limits the possibility of fire, and in the event of a fire occurring, ensures: (1) maintenance of load-bearing capacity for a certain period of time, (2) limitation of the spread of fire into the structure for a certain period of time (from one hour for category U-1 hideouts to four hours for shelters), (3) limitation of the spread of fire and smoke inside the protective structure, (4) the possibility of evacuating or otherwise rescuing the people staying in the protective structure, and (5) the possibility for rescue teams to operate.

Detailed requirements have been set e.g. for fire load density and fire resistance classes of individual elements of protective structures and fire zones, fire reaction classes of individual materials used for the construction of protective structures, or for the capacity of protective zones within protective structures and their separation. In rooms intended for people to stay in, communication routes, protective vestibules and airlocks are to be equipped with emergency escape lighting, activated automatically after the loss of basic lighting, with at least 3 hours operating time on backup power, and with lighting intensity measured at floor level of at least 5 lx.

Of great importance are the requirements for emergency exits, according to which: (1) a protective zone with a capacity of more than 10 people requires the provision of at least one emergency exit located outside EDA or backup exit, (2) a protective zone with a capacity of more than 50 people requires at least 2 emergency exits, at least one of which should be located outside EDA or be a backup exit, (3) a protective zone with a capacity of more than 1,000 people must have at least two emergency exits located outside EDA or at least two backup exits. In every case, emergency exits should be made in such a way that they cannot all be destroyed at the same time under the action of the assumed impact factor.

4.3 Entrances and communication routes

Entrances to protective structures should be designed: (1) outside EDA, (2) to avoid other hazards that may block them or limit their efficiency, (3) in such a way as to prevent the simultaneous destruction of two entrances under the action of a given impact factor (e.g. by locating them at an appropriate distance from each other) and (4) in such a way that they can also be used by disabled people. A structure with a capacity of more than 300 people must have at least two entrances. Entrances should be built in such a way as to be protected from direct external impacts.

Depending on a given protective structure’s resistance category, the entrance to it should consist of the following elements: (1) a covered passage protecting it against shelling or shrapnel, (2) a protective door or an airtight door (the latter are required for category U-3 hideouts and for shelters), (3) a protective vestibule (required for category U-3 hideouts, category S-1 shelters with a capacity of more than 300 people, and category S-2 and S-3 shelters) and (4) an airlock, i.e. an additional chamber to enable communication between areas of varying air pressure or other air conditions (only in the case of shelters). The Regulation sets requirements for the above-mentioned elements, as well as for stairs, shafts, ramps, or lifts leading to the entrance, and for internal communication routes (e.g. their width and height).

4.4 Backup exits

Backup exits (separate and distinct from entrances) should allow for the evacuation of people out of the protective structure and, as a rule, should be located outside EDA, although the Regulation provides for substitute solutions in cases where this is not possible (notably exits located above the assumed height of the rubble, or emergency passages between the underground floors of adjacent buildings). A backup exit should include a vestibule, a tunnel connecting it with the protective structure, and stairs or a shaft if it is raised above ground level.

4.5 Functional zones within protective structures

In every protective structure with a capacity of more than 10 people and a floor area of more than 35 m², functional zones must be designated for the following purposes: (1) communication zones, (2) core zones – seats and sleeping places (in appropriate numbers), (3) technical zones (for ventilation-, water and sewage-, electrical-, telecommunications-, or contamination detection equipment, etc.) and (4) social zones (e.g. washrooms, toilets, kitchens, dining rooms, medical rooms, storage rooms for water, food, medicine etc., and in shelters with a capacity of more than 300 people, also additional social rooms). The Regulation sets detailed technical requirements for each of those.

4.6 Ventilation

Ventilation solutions should be adapted to the type, purpose, and capacity of a protective structure, but have to ensure at least the following: (1) during normal times – constant ventilation of the premises, (2) during the protection period and in the absence of external contamination – the supply of clean air and the removal of used air, in amounts depending on the structure’s capacity and hygienic requirements, (3) maintenance of relative air humidity at up to 80%, and (4) protection against the penetration of fire gases in the event of an external fire.

In hideouts, gravitational or mechanical ventilation is used to ensure that the above-mentioned air quality parameters are maintained, and in shelters, mechanical ventilation with fume exhaust systems, equipped with backup power sources for the fans or manual controls with the possibility of immediate hermetic shut-off using manual or automatic valves or shut-off throttles.

The Regulation sets detailed technical requirements for individual elements of ventilation and fume exhaust systems (including the location of air intakes and air outlets) and their efficiency in various modes of operation (so-called clean ventilation, fume extraction, and air regeneration in cases of shelter isolation), e.g. the requirement to provide at least 3 m³ of air of an appropriate quality per person per hour in the fume-extraction mode.

In shelters, several varying cleanliness zones are designated, i.e. rooms or their complexes with the same or similar microclimate: (1) the clean zone (full comfort of the microclimate – the rooms of the core functional zone and some rooms of the social zone); (2) the conventionally clean zone (ventilated with air from the clean zone – rooms of the social zone such as toilets, the kitchen, the dining room, equipment storage, etc.); (3) the conventionally dirty zone (specific health hazards – e.g. rooms for the sick, some of the technical rooms, etc.); (4) the dirty zone (danger to life – the need to use personal protective equipment – e.g. entrance vestibules, waste disposal rooms, etc.).

4.7 Water supply and sewage disposal

Protective structures in which the planned protection period exceeds 48 hours must be supplied with a minimum of 3 litres of drinkable water per person per day, coming from tanks or containers or from the water supply network. However, in protective structures with the above protection period and a capacity of over 300 people, it is mandatory to install a water supply system, including of domestic hot water. In addition, in the case of shelters and category U-3 hideouts with a capacity of over 300 people, a backup water intake has to be built in the form of a drilled well with a submersible pump and a backup power source.

Sewage systems in protective structures have to meet the requirements of Polish Norms (PN). Domestic sewage is discharged into sewage networks, and in their absence, into septic tanks outside the structure. If there is no possibility of gravitational drainage of sewage, pumping stations should be used.

4.8 Electricity supply

A protective structure must be equipped with an electrical installation that meets at least the requirements of the Polish Norms, and the specific requirements laid down in the Regulation. In shelters with a capacity of more than 300 people, backup power from generators is provided. The generators should have sufficient capacity to ensure the operation of all equipment necessary for the functioning of the shelter, and meet additional requirements specified in the Regulation.

4.9 Heating

Heating should make it possible to keep the temperature inside the rooms intended for people to stay in at 16°C during the period of use of the protective structure, and air humidity at up to 80% also outside this period, unless the protection period of the structure is less than 48 hours, in which case this is not required. Electric wall heaters, ventilation heaters, wall-mounted infrared heaters, central heating from the district heating network, a boiler room (own or external), or a heat pump can all be used for heating.

A protective structure must not contain any installations carrying gas, fuel, process steam, compressed gas, or compressed liquid (except for their external installations), nor  can it contain any “pass-through” installations not used for the protective structure’s own needs (with some exceptions).

4.10 Protection against strong winds

Protective structures should be built to withstand wind pressure of at least 2 kPa on their external surfaces.

4.11 Requirements for protective structures in underground transport systems

The Regulation sets separate technical requirements for underground transport systems adapted to perform the function of protective structures (underground metro, tram, or railway facilities, underground road tunnels), which are of less importance for private investors.

4.12 Accessibility for the disabled

A protective structure should be built taking into account the needs of people with special needs, including a specific number of people with motor disabilities as determined by the CP authority. This means, for example, that a protective structure’s core and social zones, vertical transport devices, stairs, or emergency exits should be adapted to their needs.

5. Concluding remarks

The Regulation on technical conditions for protective structures is of key importance for the practical implementation of the Act on Civil Protection and Civil Defence’s provisions regarding the creation of protective structures, as it lays down uniform standards for the location, design, construction, and maintenance of protective structures. Its detailed requirements concerning aspects such as resistance to various impacts, materials to be used, entrances and exits, fire safety, ventilation, or the supply of utilities, are meant to ensure that protective structures are capable of fulfilling their protective functions. The Regulation will be a key reference point for investors when considering new projects that may be subject to the obligation to include a protective structure and estimating the associated additional costs. It should be remembered that from 31 December 2025, it will become mandatory to include a protective structure or a place of temporary shelter in a public utility building. Adhering to these new rules is more than just a legal obligation; it is a fulfilment of a social responsibility to help build resilience against new risks and challenges in today’s world.