News
29.07.2022

Construction of bomb shelters – draft law No. 7398 was adopted as a whole

Today, the Parliament adopted in the second reading draft law No. 7398, in the development of which the BRDO team participated. This document will create conditions for the construction of civil defense facilities and dual-purpose facilities in accordance with the level of threats arising from the full-scale aggression of the Russian Federation.

From now on, new buildings with significant (СС3) and medium (СС2) classes of consequences, in which more than 50 people are permanently present or more than 100 people are periodically present, as well as other construction objects according to the list determined by the Cabinet of Ministers of Ukraine, must have:

  • protective structures of civil protection (storage and anti-radiation shelter)
  • or dual-purpose structures (ground or underground buildings/structures or their separate parts, designed or adapted for use for the main functional purpose, including for the protection of the population, and in which conditions are created for the temporary stay of people).

This means that new apartment buildings, office centers and similar structures will have modern storage or shelters, and there will be no need to urgently convert parking lots into bomb shelters in the event of a threat.

Even more, without a section on engineering and technical measures of civil protection, project documentation for construction will not even be developed, it will not be possible to obtain the right to perform construction works and put the completed facility into operation.

It is important that all new shelters and shelters must be accessible to people with disabilities and other groups with reduced mobility.

If the built structure does not meet the requirements for engineering and technical measures of civil protection, then this is a reason for the state architectural and construction control body to refuse to issue a certificate of acceptance into operation of the finished object.

In addition, the law provides for the following innovations:

  • those responsible for maintaining the protective structures of civil defense in readiness for use as intended — their owners, users, legal entities on whose balance sheet such structures are located, at the expense of their own funds;
  • storage facilities and shelters, regardless of the form of ownership, must be made ready to receive the population within a period not exceeding 24 hours (in the case of transferring the unified state system of civil protection, its components to the mode of heightened readiness, emergency situation, state of emergency and to a special period);
  • an essential condition of the contract for the lease of protective structures of civil defense (part thereof), which is in state or communal ownership, will be the possibility of terminating such a contract unilaterally, in the event of:
    • violation of the order of its use in peacetime for economic, cultural and household needs;
    • non-fulfillment by the lessee of the requirements for bringing the civil defense protective structure into readiness for receiving the population in the above-mentioned cases.

If the lessee refuses to vacate the protective structure of civil defense (part of it) or it is impossible to establish its location, then such a structure is accessed without obtaining the consent of its user. Such access is carried out in accordance with the provisions of Article 29 of the Law of Ukraine “On Housing and Communal Services” and in the case of bringing the protective structure into readiness to receive the population.

We sincerely rejoice at the adoption of the draft law and hope that in the near future Ukrainians will no longer need to seek protection from Russian missiles. However, it is better to be prepared for everything and have the appropriate protection for it.