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Mandatory requirements for bomb shelters in new buildings

November 24, 2023

Ukraine has always found itself in a geopolitically tense situation. Modern realities require the development and improvement of civil protection systems. On August 22, 2023, President of Ukraine Volodymyr Zelenskyi signed an important law regarding the mandatory arrangement of bomb shelters in new buildings. Earlier in the same month, on August 10, standards were approved according to which civil defence shelters should be built - GSN B.2.2-5: 2023. These regulations should provide the protection of the population under threat, and also affect the nature of construction and public services.

Let's consider how the requirements for bomb shelters in new buildings can affect our lives.

Law on the mandatory construction of defence shelters in every new residential building

Law “On Amendments to Certain Legislative Acts of Ukraine on Ensuring Civil Protection Requirements during Planning and Development of Territories” establishes the mandatory placement of bomb shelters in new buildings. Its purpose is to ensure civil defense requirements in emergency situations, such as natural disasters or military conflict. The law provides for changes in approaches to the formation of a system of civil protection structures when planning and developing territories at the level of urban planning documentation at the regional and local levels.

How can a bomb shelter be arranged?

A bomb shelter is a structure that protects against explosions caused by different types of bombs and shells. Except bomb shelters, hermetically sealed civil defence structures include anti-radiation shelters and prefabricated structures erected during special situations. Requirements for a bomb shelter require the deepening of such a structure into the ground and the presence of a reinforced concrete ceiling for protection against direct hits from shells and aerial bombs. These are specially equipped premises provided with everything necessary, which should serve as shelter in case of a threat to life and health.

How will the requirements for a bomb shelter affect the cost per square metre and utilities?

Improving safety is always a priority, but requiring shelter arrangement can also affect housing and utility costs. Developers, taking into account the costs of building bomb shelters, will presumably increase the cost per square metre of housing. However, this increase in cost may be justified given the safety of residents.

It should be noted that exact figures regarding the additional costs of maintaining air-raid shelters are unknown and depend on various factors. The maintenance of a bomb shelter will have its own cost, which will be determined after the house is received on the balance sheet of the management company. Utility costs may also increase due to new expenses.

What is the liability for non-compliance with the provisions on protective structures?

An important aspect of the introduction of mandatory bomb shelters in new buildings is the issue of liability for non-compliance with these provisions. The legislation does not provide for direct liability of designers, chief engineers and architects for failure to comply with these requirements, but this does not mean that there are no mechanisms of control and influence.

According to the law, houses that do not meet the requirements for mandatory bomb shelters may get failure in use. The state architectural and construction control body has the right to refuse to issue a certificate of readiness of a building if the developer does not fulfil the necessary conditions for arranging a bomb shelter.

This means that a building that does not meet the requirements for bomb shelters will not be put in commission and will not receive the necessary documents for occupancy. This refusal can have a significant impact on the interests of the developer, since a house without a certificate of readiness cannot be sold or rented.

Consequently, although the law does not provide direct liability for individual professionals, it does provide mechanisms for monitoring and punishment in the event of non-compliance with mandatory bomb shelter requirements. Developers and designers must be careful to comply with these requirements to ensure the safety and protection of the civilians.

Will protective structures (bomb shelters) replace basements?

The mandatory placement of bomb shelters in new buildings raises the question of the possible impact on the presence of basements in buildings and their functionality. It is important to note that the law does not abolish the presence of basements and does not provide for the placement of bomb shelters in basements. Basements remain separate rooms with their own functions that do not change in the context of this law.

Basements are often used for various needs, such as storing belongings, installing technical equipment, arranging washing rooms or additional living spaces. They can be made available to the building dwellers and serve a variety of purposes, including creating additional living space or providing essential services.

Bomb shelters have another purpose – to ensure the safety of residents in case of emergency situations, such as natural disasters or military conflict. Consequently, basements and bomb shelters are different in purpose and functionality and cannot be interchanged. Both types of premises will be used separately depending on their purpose. The introduction of mandatory air-raid shelters in new buildings will not affect the presence or functioning of basements in buildings, and both of these spaces can exist at the same time, providing different needs and security requirements.

How will the law on the arrangement of air-raid shelters affect the deadlines of putting a new facility into service?

The law on mandatory bomb shelters may also affect the deadlines of putting a new facility into service. It simplifies the procedure for handing over land plots for civil protection facilities, which is likely to help developers acquire rights to land plots for the construction of air-raid shelters through an expedited procedure. This can have a positive impact on the timing of construction completion and commissioning of facilities.

It should be noted that the introduction of mandatory bomb shelters in new buildings is an important measure to ensure the safety and civil protection in emergency situations. Although this may affect the cost of housing and utilities, safety should always come first. It is important that authorities, developers and citizens work together to implement this law to ensure national security and protect citizens.

Although the RIEL company is not yet building projects with integrated bomb shelters, it is worth noting that in most of our residential complexes we have underground parking lots, which can be used as temporary shelter for dwellers in case of emergency.

You will find detailed information about our parking lots on our website. Customer safety is always our priority.

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