Smoking shelter regulations in the UK

Under the Health Act 2006, enclosed and substantially enclosed public places and workplaces in England must be smoke-free. A shelter provided so staff or visitors can smoke therefore has to fall outside the definition of “substantially enclosed”, otherwise the smoke-free rules apply inside it and smoking there is unlawful.

The Smoke-free (Premises and Enforcement) Regulations 2006 set the test. Premises are substantially enclosed if they have a ceiling or roof and the openings in the walls add up to less than half of the total wall area. Crucially, anything that can be opened or shut, such as doors and windows, is not counted as an opening for this measurement. So to be compliant, a shelter needs permanent openings of at least 50% of its wall area, measured with any openable parts treated as closed.

An open-fronted shelter, or one open across more than half of its sides, meets the test comfortably, which is why most workplace smoking shelters are open canopies rather than enclosed cabins. We design the openings to the 50% rule so the finished shelter is lawful to smoke in, and we can advise on siting it away from doorways and windows.

That depends on the site, its use and the size of the shelter, exactly as it does for any canopy. See the planning permission guide for how permitted development and building regulations apply.