From January 1, 2026, the Civil Protection and Civil Defense Act, commonly known as the Shelter Act, is in force.. Although it was formally adopted earlier, only now – with the approaching deadline for applying new requirements to construction projects – is it starting to have a real impact on investment decisions. The regulations create a legal framework for planning, recording and using collective civil protection facilities, including shelters, hiding places and the so-called places of emergency shelter (MDS). That's it the latter category is crucial to the real estate market – both residential and commercial.
From the point of view of the commercial sector, the most important thing is that the new regulations are not limited only to housing construction. The obligation to take into account protective functions applies to: investments for which applications for building permits will be submitted after December 31, 2025.
Dominika Jędrak from Colliers
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Colliers
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— The Act does not exclude shopping centers or warehouse properties from this scope. This means that large logistics halls, warehouses or shopping malls, especially those with underground floors or vast, closed spaces, may be included in local civil protection plans as potential places of emergency shelter – says Dominika Jędrak, director of the Market Insights Department at Colliers.
New requirements mean the need for a different approach to the design of underground parking lots, technical zones and common parts of office and commercial buildings. MDS are intended to be spaces that respond to emergencies will allow people to stay for a short time in conditions that ensure a basic level of safety. Although the act does not introduce the obligation to build classic shelters, it does require an appropriate one load-bearing capacity of the structure, reinforced partitions, additional ventilation installations, access to water and energy, and solutions enabling efficient evacuation.
— I would like to emphasize that the new shelter law will affect not only the housing market, but also the commercial real estate sector – in particular office buildings, shopping centers and selected warehouse facilities. From the end-user's perspective, these changes may not be noticeable, but for investors and tenants they will have a clear significance – Dominika Jędrak explains especially for Business Insider Polska readers.
Temporary shelter places may be created, among others: in the basements of office buildings
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Marek BAZAK/East News / East News
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Costs, rents and competitiveness of buildings
The most direct consequence of the new regulations will be: increase in investment implementation costs. Additional technical requirements, more expensive materials and more complex construction designs mean higher costs already at the construction stage.
This in turn can translate into higher sales prices of commercial real estate, increased rental rates and a more cautious approach of investors to launching new projects. In the longer term however, buildings equipped with solutions that increase the level of security can gain a competitive advantageespecially in the premium segment and among corporate tenants, who increasingly pay attention to ESG, infrastructure resilience and risk management issues.
Simultaneously owners of such facilities must take into account additional operating costs — related to the maintenance of the MDS, periodic reviews, monitoring and the readiness of the facility for use in crisis situations.
– From a practical perspective, this means it the need for a different design of garages and underground parking lots and a higher technical standard of these spaces. In the case of existing buildings, the act does not, in principle, introduce an automatic obligation to adapt, but state authorities will be able to conduct an inventory and indicate selected facilities as potential places for emergency shelter, explains Dominika Jędrak in an interview with BI.
The warehouse and logistics market under the microscope
Although the logistics sector was not explicitly indicated as covered by the new obligations, interpretations of the regulations suggest that facilities of particular economic importance may be included in local civil protection plans. For some investors, this means the need to take into account MDS functions already at the concept stage – even if there are no detailed technical guidelines yet. This 'design-ahead' approach can reduce the risk of costly changes in the future.
The impact of the shelter law on housing construction has already been discussed in more detail in the text “Changes in housing in 2026. Buyers will benefit, but will pay a higher price”. The article quotes the opinion of attorney. Zdanowska:
— Although the idea of increasing security is right, the lack of full implementing regulations remains a problem. This makes investment planning difficult and increases cost risk.
The same mechanisms will also operate in the commercial segment – additional design, material and operating costs will ultimately go to end users – tenants of offices, shops and warehouses.
The lack of regulations is the biggest unknown
At this stage the act is of a framework nature. Detailed technical parameters of MDS are to be specified in implementing acts prepared by the Ministry of Interior and Administration. Until they are published, investors operate in an environment of increased regulatory uncertainty. This could mean delays in project preparation, more cautious investment decisions and a greater role of legal analyzes at the early stage of investment planning.
— An increase in investment implementation costs should be taken into account, which may ultimately translate into higher sales and rental prices. An additional challenge remains the lack of implementing acts, which increases the risk of divergent interpretations and potential administrative delays. In the long term, however, infrastructure security will become one of the new pillars of real estate value – also in the commercial sector – summarizes Dominika Jędrak, especially for Business Insider Polska.
