Ukraine has clarified requirements for arranging shelters during new construction and reconstruction of buildings. Developers will not be able to replace protective structures required by the project with ordinary protected spaces. At the same time, the government has introduced additional requirements for documentation and inspection of mobile shelters.
The relevant changes are provided by Cabinet of Ministers Resolution No. 1288 of October 15, 2026. Details of the new rules were published on October 22 by "Judicial and Legal Newspaper".
The main innovation concerns the distinction between full-fledged shelters and so-called protected spaces. The latter may be arranged in buildings for the protection of their owners or users, but they do not belong to the fund of civil protection structures.
Amendments to Procedure No. 138 explicitly define: if legislation provides for the creation of a protective structure or a dual-purpose structure for a building, the presence of a protected space does not release the developer from this obligation.
This rule applies during new construction and reconstruction in accordance with the project documentation and established civil protection requirements.
Thus, a developer cannot consider the shelter requirement fulfilled merely by arranging a protected room or other premises. If the project provides for a special protective structure, it must be created in accordance with established standards.
At the same time, the resolution does not mean that from now on every new residential building without exception must have a separate full-fledged shelter. The need to create a protective structure is determined by current urban planning norms and requirements for the specific object.
For developers, the rules for preparing project documentation have also been clarified. In the name of the protective structure and the design assignment, it is necessary to indicate the type of object, class or group, as well as capacity.
In addition, during major repairs it is prohibited to provide for works that worsen the protective or technical characteristics of the structure.
A separate block of changes concerns mobile shelters. This refers to quickly erected protective facilities installed on the surface of land plots without construction works before the entry into force of Resolution No. 1074 of September 20, 2024.
Balance holders of such structures must ensure their inspection within five months from the day the Resolution No. 1288 enters into force. Based on its results, it is necessary to draw up an act on the suitability of the object for sheltering the population and transfer the document to the authorized accounting entity.
After receiving the act, the relevant body will have ten working days to make a decision. The mobile shelter may be included in the fund of protective structures or inclusion may be refused with justification of reasons.
However, the fact of passing the inspection does not guarantee automatic recognition of the structure as a shelter.
The government also tightened requirements for accounting of civil protection objects. Balance holders must ensure proper storage of documentation, and managers will be responsible for the accuracy of information about protective structures, their inventory and registration of property rights.
For the real estate market, the changes mean the need to clearly define the status of protective premises уже at the design stage. Buyers of apartments in new buildings should verify not only the developer's declared presence of a shelter, but also which type of structure is provided by the project, how many people it is designed for, and whether it is included in the fund of civil protection structures.
