One of the first questions we hear from clients is: “Can I even build this legally?”
The answer is simpler than most people think — and much more favourable. Here is what the regulations say in 2026.
The short answer
A home shelter with a usable area of up to 35 m² next to a single-family house does not require a building permit. A notification to the competent building administration authority (the district office, starostwo) is enough.
This change has opened the private shelter market to tens of thousands of homeowners across Poland.
Legal basis
The rule comes from the civil protection and civil defence regulations that came into force in 2026. Home shelters and hiding places with a usable area of up to 35 m² have been classified as structures requiring only a notification — just like a garage or a carport.
What does this mean in practice?
The authority (the district governor or city mayor) has 21 days to raise an objection. If it does not respond within that time — you have the right to start building. You do not wait for a decision, you do not file a water-law assessment, and you do not go through full administrative proceedings.
What do you need to prepare for the notification?
The list is specific. For a building notification you need:
1. Site development plan Shows where on the plot the shelter will stand — keeping the required distances from the plot boundary and the house. Prepared by a licensed designer.
2. Architectural and structural design Plan, section, technical description. It must include the structural solutions (walls, slab, foundations), ventilation and the emergency power supply.
3. Designer’s declaration The designer confirms that the design complies with technical building regulations and building law.
4. Appointment of a site manager Required for cast-in-place (concrete) shelters. For prefabricated ones — it depends on the manufacturer and the local interpretation of the rules.
When do you need a permit after all?
A notification is enough when:
- the shelter has up to 35 m² of usable area
- it stands next to a single-family house
- it does not violate the zoning conditions or the local development plan
A permit is required when:
- the shelter is larger than 35 m² (or you plan to extend it in the future)
- the plot is subject to special restrictions (e.g. a conservation zone, a flood area)
- the shelter is built into a multi-family or public building
For shelters for developers and institutional investors, the full procedure applies and a building design with a permit is required.
See the shelter in 3D and place it in your garden
Rotate the model, tap the points, and on your phone use AR to see the real size of the shelter on your own plot.
AR works on your phone (iPhone: Quick Look, Android: Scene Viewer). On a computer, rotate the model with the mouse.
- 1Reinforced concrete walls 30–40 cm
- 2Mechanical filtered ventilation
- 3Airtight door and vestibule
- 4Price and permits (up to 35 m² without a permit)
Typical client questions
Does a shelter in the basement of an existing house require a notification? If you are adapting an existing basement to serve as a shelter (reinforcing walls, ventilation, airtight door), this may qualify as a change of use or as construction works. We recommend consulting an architect before starting.
Can the municipality object? Yes, within 21 days. In practice, objections concern cases where the design violates technical building regulations or zoning conditions. With properly prepared documentation, an objection is rare.
Do I have to register the shelter? After completion, as-built documentation is prepared. Home shelters and hiding places may be subject to registration in the civil protection facilities register — it is worth asking the local crisis management department.
How long does the notification procedure take? Filing the notification → 21 days of administrative silence → start of construction. If the district office raises no objection — you can start digging on day 22.
How does Zaremba Construction handle the formalities?
Most of the clients we work with have never dealt with building notifications before. So we take care of it for them.
Our process looks like this:
- Preliminary plot assessment — we check the local development plan, zoning conditions, groundwater level and distances from the boundary
- Design by a partner office — we have regular designers in Nowy Sącz and the surrounding area who know the local conditions and district offices
- Filing the notification — the complete documentation goes to the district office without the client’s involvement
- We wait 21 days — and keep the client informed
- We start digging — we have our own excavator, so there are no delays
The client receives a finished shelter with complete documentation — without running around offices.
Zaremba Construction — Nowy Sącz and Lesser Poland
We build home shelters across Lesser Poland (Małopolska): Nowy Sącz, Limanowa, Gorlice, Nowy Targ, Mszana Dolna and the surrounding area.
We have our own excavator and work with local design offices — this shortens lead times and lowers costs.
Free quote and plot assessment
Before you file with the district office — check whether your plot is suitable for a shelter. We carry out a free assessment of ground conditions.
📞 +48 696 061 290 ✉️ info@zarembacs.pl 📍 Nowy Sącz — we serve all of Lesser Poland
Article updated: March 2026. The information concerns regulations in force in Poland since 2026. Before starting construction we recommend consulting a designer and verifying local zoning conditions. Contact us for an individual assessment.