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Building a bunker and a shelter – legal aspects

Publication date: November 10, 2025

The political climate of recent years has led more and more people to consider building their own shelters. Several manufacturers providing such services have emerged on the Polish market in response to demand. The Polish Parliament recently passed the first reading of a bill amending the Construction Law, which aims to make it easier for single-family homeowners to invest in their own safety. Construction is encouraged by the fact that only 4% of the Polish population has shelter provided in the event of a crisis. According to a 2021 report by the Office of Population Protection and Civil Defense of the National Headquarters of the State Fire Service, 1.24% of the population could use shelters in a crisis, and 2.47% could hide. This rate is significantly lower compared to countries such as Switzerland and Finland, where it is less than 100%. Sweden, Norway, and Denmark provide citizens with slightly lower levels of protection.

Current legal status

Currently, there are no legal regulations specifying how protective structures should be designed. Home shelters and temporary hiding places will be treated as structures associated solely with a single-family residential building and for the needs of specific occupants of that building. The Construction Law Act does not provide a legal definition of a shelter or a bunker. The Act of 2024 on Civil Protection and Civil Defense clarifies the situation, which provides a definition of a shelter. According to Article 83, Section 3 of the aforementioned Act, a shelter is a building or part of a building with a closed and airtight structure, equipped with filtering and ventilation devices or regenerative absorbers. A substitute for a shelter is a place of temporary shelter. According to Article 84, it is a building adapted to temporarily shelter people. The Act characterizes both structures as protective structures.

Building a bunker without a permit is possible in several cases. Pursuant to Article 29, Section 3, in conjunction with Article 28, Section 1 of the Building Law, construction works involving the reconstruction of external partitions and structural elements of single-family homes do not require a building permit. The condition is that the building’s impact area does not extend beyond the plot on which the building is located. The construction of a basement bunker with an exit from the rubble zone located within the plot meets the aforementioned criteria. According to Article 30, Section 1, such construction works require notification to the appropriate architectural and construction authority. Anyone wishing to build a basement bunker should visit the District Office or City Hall in the case of cities with district rights and locate the appropriate office. The notification should specify the type, scope, location, and method of construction works, as well as the commencement date. The application must be accompanied by: a declaration of title to the property for construction purposes, relevant sketches or drawings, permits, approvals, and opinions, which must be attached under separate acts. Notification is required for the construction of septic tanks for liquid waste with a surface area of up to 10 m³. The provisions provide a legislative loophole for the construction of small shelters. Several entities in Poland offer reinforced waste tanks for sale, which, according to the manufacturer, can serve as temporary shelters for the public. A reinforced tank can also be installed as an outbuilding, only partially buried in the ground. Such a structure meets the exception requirements of Article 29, Section 2, when its surface area does not exceed 35 m² and the span of the structure is limited to 4.8 m. In addition to the cases mentioned above, the construction of a shelter requires a building permit pursuant to Article 28 of the Construction Law. Such a decision is issued by the architectural and construction administration body.

Changes to the Construction Law Act

The government’s draft amendment to the Act provides for improvements for those wishing to build a shelter and temporary shelters within the meaning of the Civil Defense Act. The new regulations are expected to come into force in 2026. The regulations will facilitate the construction of small, detached shelters with a usable area of up to 35 m². Shelters should be located next to single-family homes and serve their residents. Only private individuals can be investors. Construction of a shelter should not interfere with the exterior walls or structure of the home. The shelter should be located on a plot of land adjacent to a residential building. Home shelters will be subject to registration and must meet specific standards. A home shelter should be airtight, partially buried in the ground, and equipped with a filter and ventilation system. It will still be necessary to prepare a design and appoint a construction manager. Formalities will be reduced to submitting a notification. The notification must be accompanied by appropriate technical documentation, including solutions ensuring the load-bearing capacity and stability of the structure, the safety of people and property, and fire safety. The documentation must be prepared by a designer with appropriate building permits. An as-built inventory will also be required and submitted to the state geodetic and cartographic resource to continuously update the land register. The amendment provides for the fiction of a positive decision if no objection is filed by the architectural and construction administration authority within 21 days of notification.

The method of building shelters

The most common material used to build shelters is reinforced concrete. The degree of protection and autonomy depends on factors such as the shelter’s surface area and the quality of the steel used. The shelter should be equipped with electricity. Power can be generated by generators (a more expensive option) or batteries (a less expensive option). Furthermore, the shelter should have a ventilation system (automatic, with the option of manual operation if necessary) and a water and sewage system (usually in the form of a so-called dry toilet). A shelter usually also includes a food storage facility. Experts emphasize that a full-fledged shelter has an emergency exit leading outside the expected debris zone. Gas masks and special suits facilitate evacuations, as well as a wireless communication system, which is also a good idea to equip the shelter. The cost of building shelters depends primarily on the construction technology and equipment. The depth of the excavation or the need to adapt existing structures are also taken into account. Walls at least 40 cm thick are recommended. Cheaper structures, such as adapted retention tanks and septic tanks with walls only 10 cm thick, can only provide temporary shelter. They typically lack automatic ventilation and power systems. Their price is about 10 times lower than the cost of building a shelter. However, they do not provide sufficient protection, and in the event of a massive attack, they may pose a greater threat than protection to the user. Improvised shelters can be used as an additional cellar for supplies. Companies that manufacture them offer ready-made products, including a jar rack and air intakes. Manufacturers provide transport and installation on the customer’s plot. The shelter must provide protection against the devastating effects of a shock wave. The wave can cause a quasi-static effect at a level of 60 kN / m² to 300 kN / m² or an overpressure of 0.03 MPa to 0.3 MPa, to which the shelter should be resistant.

A shelter can be located in or near a single-family home. A basement can be easily constructed for shelter construction. First, it’s worth finding the design of the existing building and determining its structural type and which walls are load-bearing. A high-security room can be constructed between load-bearing brick or reinforced concrete walls. It’s best to choose a location where the distance between load-bearing walls is minimal and the room has no external walls. Ground protection from the outside can reduce the force of an explosion. It’s also important to properly instruct household members and develop an evacuation plan, which can significantly increase the chance of survival.

Obligation to report a protective structure

Pursuant to Article 207, Section 3 of the Civil Defense Act, anyone who is an owner, perpetual usufructuary, or manager of buildings or parts thereof is obligated to notify the building by March 31, 2025. Notification should be submitted through the Municipal or City Office. This obligation applies to buildings that, before December 5, 2024, served as a protective structure within the meaning of the Civil Defense Act. The notification should include: the property address or plot number, legal title, and contact information. Owners of single-family homes are exempt from the obligation to make their shelters available to services for inspection purposes, pursuant to Article 91, Section 2 of the aforementioned Act.

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