Construction Insights January 2025: Poland

The lower chamber of the Polish parliament (in Polish: Sejm) on 8 November 2024 passed The act on protection of population and civil defence ("Civil Defence Act"). The Civil Defence Act was adopted based on the draft prepared by the Polish government.  

The Civil Defence Act has not entered into force yet. The above mentioned act on 12 November 2024 was passed to further legislative works to the higher chamber of the Polish parliament (in Polish: Senat).  

Some regulations included in the Civil Defence Act may have significant impact on the construction sector in Poland.  

It should be emphasised that the owners or managers of the multi-family residential buildings and underground garages are among the addresses of the special obligations (imposed on the basis of the Civil Defence Act) related to ensuring protection of population before the threats that may arise in consequence of natural disasters, terrorist acts or military operations.  

The Civil Defence Act, in its current wording (Article 94), stipulates that the underground storeys in the multi-family residential buildings as well as underground garages should be designed and developed in a manner allowing for providing places for temporary shelter.  

In light of the provisions of the Civil Defence Act (Article 84) a place for temporary shelter is a building object (or its part) adapted to temporary concealment of the people, arranged in accordance with the principles determined in the Article 102 of the Civil Defence Act. Pursuant to the Article 102 of the Civil Defence Act relevant authority should arrange places for temporary shelter if the state of emergency is declared or upon outbreak of war. The obligation referred to in the preceding sentence applies if the number of shelters or concealments is not sufficient. The places for temporary shelter may be arranged in particular by way of imposing an obligation to adapt spaces in buildings or underground garages to serve as the places dedicated for collective protection. In the case of buildings or underground garages situated on the real properties that are not owned by the State Treasury or self-government entity such obligation is imposed by way of an administrative decision addressed to the owner of the real property. The places for temporary shelter should be designed and developed in compliance with technical requirements determined in separate regulations. 

It should be noted that the above mentioned obligation to design and develop the underground storeys in the multi-family residential buildings as well as underground garages in a manner allowing for providing places for temporary shelter, stemming from the Article 94 of the Civil Defence Act, applies to the multi-family residential buildings as well as underground garages in which there are neither shelters nor concealments.  

Additionally, pursuant to the Civil Defence Act place for temporary shelter located in the building object which does not belong to State Treasury or self-government authority should be in the first instance designated for the purpose of protection of the users of the building where this place for temporary shelter is situated.  

Moreover, according to the Article 103 of the Civil Defence Act, the owner or manager of a place for temporary shelter is obliged to ensure that such place is maintained in proper technical condition and is obliged to make it available for the purpose of protection of population. 

The Civil Defence Act, in its current wording, stipulates that the above mentioned obligation to design and develop the underground storeys in the multi-family residential buildings as well as underground garages in a manner allowing for providing places for temporary shelter, stemming from the Article 94 of the Civil Defence Act, is to be applicable to investments for which: (a) application for building permit was submitted after 31 December 2025 or (b) notification of the development or the other construction works (if the building permit is not required) was made after 31 December 2025.  

As it was mentioned above, the Civil Defence Act has not entered into force yet. Therefore, the wording of the Civil Defence Act may still change within course of further legislative works.  

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