The Cabinet of Ministers is preparing changes to the rules under which Ukrainian businesses may continue operating during a yellow-level air raid alert. Businesses are promised more time to equip shelters, will be allowed to use nearby protective structures, and the requirements will be linked to the number of people at the site. Prime Minister Serhii Koretskyi announced the changes on October 29 after presenting the proposals to business associations. UNN explains which rules are already in effect and what entrepreneurs should prepare for.
What the “yellow” level of an air raid alert means
The government introduced the division of air threats into yellow and red levels in September 2026 by Resolution No. 1092. The yellow level means a drone threat, while the red level is declared in the event of a missile, missile-and-drone, or massive drone threat. These are different response regimes for attacks. The yellow-level signal lasts 30 seconds and may be issued separately for individual districts. If the nature of the threat changes, the notification must be updated.
During a yellow-level alert, businesses may continue operating if they ensure the conditions for protecting employees and visitors prescribed by law. During a red-level alert, work must be stopped and people must be organized to move to a shelter. If a drone threat escalates into a missile threat, the business must respond to the new signal without waiting for a separate all-clear.
It should be understood that the yellow color of an air raid alert does not guarantee complete safety: drones and their debris remain dangerous and can maim or kill. Therefore, a visitor has the right to decide independently whether to remain at an establishment during a yellow alert, but staff are obliged to report the threat and available shelter options.
Why the government decided to review the requirements
The division of alerts was intended to prevent the shutdown of trade, production, and services during prolonged drone threats, preserve jobs, and maintain citizens’ access to essential establishments. However, according to the head of government, a significant number of businesses have not even begun fulfilling the basic requirements for people’s safety. The government did not specify how many such sites there are.
The priority, as before, is people’s safety
A café with a few tables and a large shopping and entertainment center have different capabilities. Some businesses operate in rented premises without basements and cannot carry out construction work independently. Therefore, the government is proposing more flexible conditions.
Extension: how much time entrepreneurs will receive
The current Resolution No. 1092, which entered into force on September 4, provides a three-month transition period for sites without shelters. During this period, they may operate during a yellow-level alert with the approval of the workforce. The initial deadline is December 4, 2026.
On October 29, the government proposed extending the period.
An extension does not mean the requirements are being canceled
By March 4, 2027, military administrations are to collect data on compliance with the requirements. After that, the Cabinet of Ministers will make further decisions. At the same time, we emphasize that as of October 29, the current version of Resolution No. 1092 contains the previous three-month period. Therefore, March 4 cannot automatically be considered a new legally established date for every entrepreneur. It is necessary to wait for the official publication of the relevant amendments.
New requirements for businesses: how many people must the shelter accommodate
The second area of changes is the differentiation of requirements depending on the number of employees and visitors simultaneously present on the premises. When determining the required capacity, the plan is to take into account not only the company’s staff but also the actual load on the site. Thus, a hair salon may have several people present at the same time, while a supermarket or shopping and entertainment center may have hundreds. Accordingly, the required number of spaces and the organization of the move to a shelter will differ.
The government has not yet published specific population thresholds, formulas for calculating capacity, or possible exceptions. The details are to be announced by the Ministry of Economy and the Ministry of Internal Affairs. Therefore, it is still too early to say that a particular type of shelter is sufficient for a specific number of people.
Is a business required to have its own shelter
The government does not require a separate protective structure to be built on the premises of every store or office. The current rules provide for several options:
- a protective structure;
- a temporary or permanent shelter;
- a dual-purpose structure;
- a safe space in the building.
The government also proposes explicitly allowing the use of a shelter outside the business premises if it is located nearby and has sufficient capacity. For a store, for example, this could mean access to an underground shelter nearby. However, an address on a sign is not enough if the shelter is locked, overcrowded, or impossible to reach without obstruction.
It should be noted that a "safe space" is not the same as a full-fledged shelter. The resolution defines it as a protected area of a building equipped with consideration for calculations of blast impact. Simply calling a corridor or storage room such a space is not sufficient.
How the Cabinet of Ministers’ new decisions will affect stores, cafés, and shopping centers
For stores, beauty salons, coffee shops, and workshops, the new rules may make it possible to avoid expensive construction if an accessible shelter is available nearby. At the same time, employees must know how to act when the threat intensifies.
For supermarkets and shopping and entertainment centers, the issue is more complicated: dozens of tenants operate in one building, while the number of shoppers changes throughout the day. Therefore, it would be advisable for the property owner and tenants to agree on who is responsible for alerts, signs, access to the shelter, and the organized movement of visitors.
Cafés and restaurants should establish procedures for kitchen staff and waiters to follow during a red alert. Customers need clear information about the route to the shelter.
Who will monitor compliance with the requirements
By March 4, 2027, according to the government, military administrations must collect information on how businesses ensure the protection of people. This is primarily a stage for assessing businesses’ readiness.
The proposals announced on October 29 contain no separate new inspection procedure, list of inspectors, or special fines specifically for failure to comply with the requirements of the yellow regime. It is also not yet known what unified form the administrations will use to collect information or whether this will involve on-site inspections.
Violations of the rules governing access to facilities in the protective-structure fund or their maintenance may result in sanctions provided for by law.
What entrepreneurs need to do now
First, it is worth calculating the maximum number of employees and visitors present at the same time and, for a shared shelter, also taking neighboring establishments into account. After that, its capacity should be checked.
Next, the route to the shelter should be tested in practice: whether it is open, whether there are any obstacles, and whether people with limited mobility will be able to use it. If the premises are rented, it is necessary to agree with the building owner who will ensure access, information, and maintenance of shared areas. It is advisable to record the arrangements in writing.
The next step is to establish an alert system. Current regulations require the alert signal to be communicated to employees and visitors, the procedure for staff to follow to be determined, and an information sign measuring 100 by 60 centimeters to be placed at the facility indicating the presence or absence of a shelter or safe space. Employees should be briefed and the action algorithm for yellow and red levels checked for clarity. It is useful to appoint those responsible for alerts, opening passageways, and assisting visitors who require support.
It is also necessary to monitor amendments to Resolution No. 1092 and explanations from the Ministry of Economy and the Ministry of Internal Affairs. Any possible postponement should be used to arrange protection.
Reminder
Earlier, we explained whether employers would be able to force employees to work during a "yellow" alert.