Poland Shelters could change the market

\Although the new regulations have been formally in force since 2025, they are only now beginning to translate into everyday investment practices, influencing the design, function, and long-term value of new residential and commercial projects.

The new regulations create a legal framework for the planning, recording, and use of collective public protection facilities, including shelters, hiding places, and so-called emergency shelters (EMS). The Act specifies which buildings under construction – especially those with basement levels – should be designed to enable such spaces to be used as shelters in crisis situations.

Who do the new regulations apply to?

From the perspective of the real estate market, the scope of the new regulations is crucial. The obligation to consider protective facilities applies to projects for which building permit applications were submitted after December 31st, 2025. The regulations cover multi-family housing, but also a significant portion of commercial properties, including offices, retail centres, public buildings, and other facilities of significant economic importance.

The Act does not exclude shopping centres or warehouses. This means that large logistics facilities, warehouses, and shopping centres, especially those with underground levels or extensive, enclosed spaces, may be included in local population protection plans as potential places of emergency shelter. The mere inclusion of a building in such a plan does not automatically constitute an obligation to renovate it, but it may have design, registration, or organisational consequences.
Dominika Jędrak, director of market insights, Colliers

What about buildings that received a building permit before January 2026?

The legislature has maintained the principle of non-retroactivity. Investments that received a building permit before January 1, 2026, are generally not subject to the new requirements. Similarly, modernizations of existing buildings are not automatically subject to the obligation to comply with public protection standards, unless the scope of the renovation or specific administrative decisions justify it. However, the act provides for the registration of existing buildings that can serve protective functions, which in practice may also include some older commercial assets.

How will the act impact the commercial real estate market?

The most immediate consequence of the new regulations is the increase in investment costs. Providing MDS functionality requires structural reinforcement, the use of more advanced ventilation systems, additional fire protection, and access to utilities and solutions enabling the rapid adaptation of garages or basements.

Higher investment expenditures will further impact the rental market, which could translate into higher rental rates or a more conservative approach by investors to launching new projects.

Currently, there are no specific regulations for the act, so their impact on investment can only be assessed after their publication. However, it can already be assumed that detailed technical guidelines regarding MDS will primarily impact the design and construction, including requirements regarding materials and their availability. At the same time, the duration of administrative procedures is expected to remain unchanged. Potential risks to investment can only be more precisely determined after the full regulations are announced.

Over the longer term, the new regulations may contribute to the development of additional quality and safety standards in the commercial real estate market. Buildings equipped with solutions that enhance public protection can gain a competitive advantage, particularly in the segment of premium facilities and strategically important properties. At the same time, owners of such facilities must consider additional operating costs related to maintaining shelters, monitoring them, and ensuring their readiness for use in crisis situations.

Impact on the Warehouse and Logistics Market

Although the warehouse and logistics sector has not been explicitly identified as covered by the new obligations, legal interpretations suggest that facilities of special economic importance may be included in the scope of the act.

In practice, some investors may already be considering MDS functions proactively to mitigate the risk of future administrative requirements or to adapt to local protection programmes.

New Regulatory Context

At this stage, the regulations are framework-based. The act does not specify detailed technical parameters, such as the minimum area of ​​shelters, construction standards, or required equipment. These issues are to be further clarified in implementing regulations being developed by the Ministry of Interior and Administration. According to announcements, key technical regulations will be published successively, starting in February 2026. Although the ultimate impact of the shelter act on the market will depend on the content of the implementing regulations and the practice of their application at the local level, it is already clear that infrastructure security has become a permanent element of discussions about the future of the real estate market in Poland.