Quick summary
A smoking shelter is a roofed outdoor structure where staff or customers can smoke or vape out of the rain. Three separate sets of rules apply to it: planning permission (your council's planning team), Building Regulations (building control) and the smoke-free law (your council's environmental health team). Passing one doesn't mean you've passed the others.
Quick answer: In most cases, yes, a permanent smoking shelter at a business needs planning permission. Council guidance says permanent shelters that are bolted down or set in foundations, freestanding or attached, normally need it, and canopies on the public pavement are unlikely to be allowed. Most small shelters (under 15m² floor area) don't need Building Regulations approval. Separately, the shelter must not be "substantially enclosed": at least half of its wall area must be permanently open, or nobody can legally smoke in it.
- ✓Planning: permanent shelters normally need permission; portable gazebos and umbrellas usually don't (council guidance).
- ✓Listed buildings and conservation areas are "particularly sensitive": expect a closer look at the design.
- ✓Building Regs: small detached single-storey buildings up to 15m² are exempt; up to 30m² if 1m+ from the boundary or mostly non-combustible.
- ✓The 50% rule: openings must make up at least half the wall area. Doors and panels that can be shut don't count as open.
- ✓Fines: up to £2,500 for failing to stop people smoking in a smoke-free place, and a £200 fixed penalty for missing no-smoking signs (England).
- ✓Our shelters start from £582.50 ex VAT and are designed to stay within the 50% rule when fitted as intended.
On this page
Short answerPlanning permissionThe 50% ruleBuilding RegsScotland, Wales & NIBy site typeShelters & pricesWhat to do nextFAQsThe short answer: three rules, three council teams
When people ask "do I need planning permission for a smoking shelter?", they usually mean "am I allowed to put one up?". That actually depends on three different sets of rules, run by three different people at your council. Here's how they fit together.
Planning permission
Decides whether the structure is acceptable where you want it: looks, neighbours, noise, parking, footpaths. Council guidance says permanent shelters normally need permission (Kirklees, Runnymede).
Building Regulations
Decides whether it's built safely. Most small shelters are exempt, but large ones (over 30m²) or ones close to a boundary may need approval.
Smoke-free law
Decides whether people can legally smoke inside it. A roofed shelter must have at least half its wall area permanently open (Smoke-free Regulations 2006, reg 2).
A shelter can have planning permission and still be illegal to smoke in, or meet the 50% rule and still be refused planning. Check all three before you order.
Do you need planning permission for a smoking shelter?
There's no national planning rule written specifically for smoking shelters. So it comes down to the normal test: is it "development", and do any permitted development rights cover it? For a fixed steel shelter at a pub, shop, office or factory, the answer from councils is fairly consistent.
What council guidance says
- ✓Normally needs permission: permanent external smoking shelters, freestanding or attached to the building, plus awnings, canopies and blinds fixed to buildings. Kirklees treats a shelter as permanent if it "needs foundations and/or cannot be easily disassembled" (Kirklees Council).
- ✓Normally doesn't: portable freestanding awnings, canopies and patio heaters. But Kirklees adds that if they are "permanently fixed to the ground they will need planning approval".
- ✓Unlikely to be allowed at all: canopies, shelters and heaters on the public highway or other public spaces (Runnymede Borough Council).
- ✓Wigan says most smoking shelters, decking and raised patios will require planning permission (Wigan Council); Doncaster says any permanent structure on commercial premises will need planning consent (Doncaster Council).
Permitted development: why it rarely helps
In England, the General Permitted Development Order lets some non-domestic sites put up small new buildings without applying. Part 7 Class H covers industrial and warehouse sites, and Class M covers schools, colleges, universities and hospitals, both with limits on size, height and distance from the boundary (GPDO 2015, Schedule 2 Part 7). There's no equivalent right for a new freestanding structure at a shop, pub or office, which is why councils say permission is normally needed. Your council can also remove permitted development rights with an Article 4 direction or a planning condition, so even on an industrial estate it's worth a quick check.
What the planning officer will look at
Runnymede's guidance lists the things it weighs up, and they're typical of most councils (source):
- ✓Neighbours: outlook, overlooking, light, smoke drifting towards doors, windows or air intakes, and late-evening noise.
- ✓Pavements and parking: does it block a footpath, road or parking spaces?
- ✓Design: is it well designed, in suitable materials, and in keeping with the building?
- ✓Listed buildings and conservation areas: proposals are "particularly sensitive" and the design would need to be of "exceptional quality".
- ✓Signs: signs pointing customers to the shelter may need separate advertisement consent.
If you're not sure, most councils will give pre-application advice, and you can apply for a Lawful Development Certificate if you believe the shelter is permitted development. We covered the same process for bike shelters in Do You Need Planning Permission for a Cycle Shelter?, and most of it applies here too.
The 50% rule: when is a shelter legal to smoke in?
This is the bit that catches people out. Under the Smoke-free (Premises and Enforcement) Regulations 2006, smoking is banned in places that are "enclosed" or "substantially enclosed". A place with a roof is substantially enclosed if the openings in its walls add up to less than half the total wall area. So a legal shelter needs at least 50% of its walls permanently open.
The small print that matters
- ✓Doors, windows and anything else that can be opened or shut don't count as openings, even if they're open at the time.
- ✓"Roof" includes any fixed or moveable cover, such as a retractable canvas awning.
- ✓Walls include "other structures that serve the purpose of walls", so a building wall, fence or hedge right next to the shelter can count against you.
- ✓Wigan advises siting shelters at least 1.5 metres from walls and other structures so air can flow through (Wigan Council).
- ✓Roll-down tent or marquee sides are treated as rolled down, even when they're rolled up (Doncaster Council).
- ✓Whether a shelter complies is decided by environmental health, not by planning.
A worked example
Take a shelter 3m long, 2m deep and 2.1m high. Its four walls are 3m x 2.1m front and back (6.3m² each) and 2m x 2.1m at each end (4.2m² each): 21m² in total. To stay legal, at least 10.5m² must be permanently open.
| Layout | Open wall area | Legal to smoke in? |
|---|---|---|
| Open front, full back panel, half-height end panels | 6.3 + 2.1 + 2.1 = 10.5m² (50%) | Yes, but only just |
| Open front, full back, full ends | 6.3m² (30%) | No, substantially enclosed |
| Open front, half-height back and ends | 6.3 + 3.15 + 2.1 + 2.1 = 13.65m² (65%) | Yes, with headroom to spare |
| Layout 3, but backed hard against a building wall | Back counts as closed: 10.5m² (50%) | On the line: move it away |
Most compliant shelters sit close to the 50% line. Adding one extra side panel, a windbreak or a sheet of plywood in winter can tip them over it.
Our shelters are designed with an open front and part-height panels so they stay within the rule when installed as intended. The Broughton Eco shelter, for example, offers optional "regulation compliant half side panels" rather than full ones. As the site owner, though, you're responsible for how it's finally fitted.
Fines if you get it wrong
In England the person who manages the premises can be fined up to £2,500 for failing to stop people smoking in a smoke-free place. There's a £200 fixed penalty (£150 if paid early) for not displaying no-smoking signs, and £50 for the person smoking (Tobacco Control Laws summary of the Health Act 2006; the same £2,500 and £200 figures appear on council pages such as Newcastle City Council). A cheap no smoking floor sign (£19.37 ex VAT) at the door is a sensible extra.
Do smoking shelters need Building Regulations approval?
Usually not. Schedule 2 of the Building Regulations 2010 exempts small detached buildings, and council guidance applies the same tests to shelters (Runnymede, Kirklees):
- ✓A small detached single-storey building with a floor area of no more than 15m², with no sleeping accommodation: exempt.
- ✓15m² to 30m²: exempt if it's at least 1m from the boundary or built substantially of non-combustible material.
- ✓A ground-level covered yard or covered way attached to a building, up to 30m²: exempt.
- ✓Over 30m²: generally needs Building Regulations approval.
In practice: our Eco shelter covers about 2.5m² (2,050 x 1,200mm) and the Slimline tops out at about 3.1m². A 9m Marquis covers around 17.5m², so check the 1m boundary distance. The 9m x 4m Debdale (36m²) is over 30m², so talk to building control first.
Scotland, Wales and Northern Ireland: what's different?
Planning is devolved, so each nation has its own permitted development rules: ask your local planning authority wherever you are. The smoke-free rules are close, but not identical.
Scotland
Same "less than half" test: premises are substantially enclosed if their openings total less than half the area of the walls (SSI 2006/90 reg 3).
Wales
Same 50% test (Smoke-free Premises etc. (Wales) Regulations 2007). Since 1 March 2021, hospital grounds, school grounds, public playgrounds and outdoor childcare settings are also smoke-free. Designated smoking areas on hospital grounds can be no bigger than 8.25m² and must be at least 10m from smoke-free buildings (Welsh Government guidance).
Northern Ireland
Measured differently: a place is substantially enclosed if less than half of its perimeter is openings (NISR 2007/94). Check your layout against that test.
England: what's coming
The Tobacco and Vapes Act 2026 got Royal Assent on 29 April 2026 and gives ministers power to make more places smoke-free or vape-free by regulations. As of September 2026 none of those powers had been brought in (RecordingLaw; Wikipedia). Watch this if you run a hospital, school or playground site.
What it means for your type of site
Pubs, bars and restaurants
Planning permission is normally needed for a fixed shelter, and your premises licence may have conditions on outside areas. Wigan warns that changing outdoor drinking or smoking hours may need a licence variation. Keep shelters away from neighbours' windows.
Shops and retail parks
Shelters on the forecourt or pavement are the hardest to get approved. Pick a spot on your own land, away from entrances and fire exits, and check your lease and landlord's consent.
Offices
Usually a planning application for a permanent shelter. Keep it away from opening windows and air intakes, and away from the main entrance so visitors don't walk through smoke.
Factories and warehouses
Class H permitted development may cover a small new building within limits. Check, and see our warehouse impact protection guide if the shelter is near vehicle routes.
Hospitals and schools
Class M may help in England, but many trusts and schools run smoke-free sites. In Wales, hospital and school grounds are smoke-free by law, with tight rules on designated areas.
Councils and public sites
Canopies on the public highway or public spaces are unlikely to be allowed. See our guide for local councils.
Smoking shelters and prices
All prices are ex VAT (the website shows both). Every shelter here is open-fronted with part-height panels, designed to keep the 50% open area when installed as intended.
| Shelter | Size / capacity | From (ex VAT) |
|---|---|---|
| Slimline Smoking Shelter | 1–8 people, 1,016mm deep | £582.50 |
| Eco Smoking Shelter | 4–5 people, 2,050 x 1,200mm | £749.95 |
| Budget Shelter Bundle (bench & bin) | 4 people, 2m x 2m | £874.51 |
| Broughton Eco Shelter | 6, 8 or 10 people | £922.29 |
| Blencoe Eco Shelter / Vape Hut | 2,099 x 1,000mm | £1,099.00 |
| Dalby Smoking Shed | 2m wide, 1–5m deep | £1,370.91 |
| Kingsway Smoking Shed | 2,099mm deep, 1–5m wide | £1,510.96 |
| The Harris | 4m, 6m or 8m long | £1,754.51 |
| Flat Roof Shelter | 3m, 6m or 9m | £1,787.51 |
| Curved Roof Shelter | 3m, 6m or 9m | £1,919.51 |
| The Marquis | 3m, 6m or 9m, 1,950mm deep | £2,927.51 |
| The Artisan | 2.5m, 5m or 7.5m | £4,944.51 |
| The Debdale | 40+ people, 9m x 4m | £10,575.00 |
For staff seating, see our outdoor seating range and outdoor benches buying guide. For a full rundown of shelter types and costs, read our smoking shelters compliance and buying guide, and for the business case, the benefits of smoking shelters for employees.
What to do next: a 6-step plan
Pick the spot
On your own land, away from doors, opening windows, air intakes and neighbours. Aim for about 1.5m clear of walls and fences.
Size it for peak time
Count how many people go out at your busiest break, not the average. Too small and they'll smoke by the door anyway.
Check the 50% rule
Add up the wall area and the permanent openings using the worked example above. Don't plan extra panels.
Ask planning
Check whether you need permission, especially for listed buildings, conservation areas, pub gardens near homes and anything on a forecourt.
Check Building Regs
Under 15m²: normally exempt. 15–30m²: check boundary distance and materials. Over 30m²: ask building control.
Order and fit
Bolt down onto concrete, paving or tarmac, or root-fix into the ground. Add a bin and no-smoking signs at the building entrances.
Common mistakes to avoid
- ✗Putting the shelter hard against a wall or fence, which can make it substantially enclosed.
- ✗Adding side sheets or windbreaks in winter.
- ✗Siting it next to the main entrance, so everyone walks through smoke.
- ✗Assuming a planning approval means it's legal to smoke in (it doesn't).
- ✗Putting it on the pavement or public land without consent.
Don't forget the litter: a shelter without an ash bin soon becomes a mess. See our litter and cigarette bins and litter bins buying guide. Several shelters, like the Budget Shelter Bundle, come with a bin included.
Why buy smoking shelters from Store Fittings Direct
- ✓A wide range of smoking shelters, cycle shelters and bin stores and general shelters.
- ✓Prices shown ex VAT and inc VAT, so there are no surprises.
- ✓Free delivery on over 90% of products.
- ✓Over 30 years' experience; ISO 9001 and ISO 14001 certified and a SEDEX member.
- ✓Every one of our Google reviews is five stars.
- ✓We supply retailers, the NHS, councils, warehouses and construction sites.
- ✓Free advice on sizing and the 50% rule: call 0116 318 4182.
Need a shelter that stays on the right side of the rules?
Browse open-fronted shelters from £582.50 ex VAT, or call us and we'll help you size it and check the layout.
Shop smoking sheltersCall 0116 318 4182Smoking shelter rules: FAQs
Do I need planning permission for a smoking shelter at my business?
Usually, yes. Council guidance says permanent smoking shelters, whether freestanding or attached to a building, normally need planning permission. Portable gazebos and umbrellas usually don't, unless they are fixed to the ground. Some industrial, warehouse, school and hospital sites in England have limited permitted development rights, so check with your council's planning team first.
What is the 50% rule for smoking shelters?
Under the Smoke-free (Premises and Enforcement) Regulations 2006, a roofed structure is substantially enclosed if its wall openings add up to less than half the total wall area. Smoking is then banned inside. So at least 50% of the walls must be permanently open. Doors, windows and panels that can be shut don't count as openings.
Does a smoking shelter need Building Regulations approval?
Usually not. Small detached single-storey buildings up to 15 square metres are exempt, and up to 30 square metres if they are at least 1m from the boundary or mostly non-combustible. Shelters over 30 square metres generally need approval, so check with building control.
Can I put a smoking shelter against a wall?
It's risky. A building wall or fence next to the shelter can count as one of its walls, which can push it over the 50% enclosed limit. Council guidance recommends leaving about 1.5m between the shelter and nearby walls or structures so air flows through.
Can I put a smoking shelter on the pavement outside my shop or pub?
Council guidance says shelters, canopies and heaters on the public highway or other public spaces are unlikely to be permitted. Put the shelter on your own land, away from entrances and neighbours.
What is the fine for smoking in an enclosed shelter?
In England the person managing the premises can be fined up to 2,500 pounds for failing to stop people smoking in a smoke-free place. Failing to display no-smoking signs carries a 200 pound fixed penalty, and the smoker can get a 50 pound fixed penalty.
Are the rules different in Scotland, Wales and Northern Ireland?
The less-than-half test is the same in Scotland and Wales. Northern Ireland measures openings against the perimeter rather than the wall area. Wales has also made hospital grounds, school grounds, playgrounds and outdoor childcare settings smoke-free since March 2021. Planning rules differ in each nation, so ask your local planning authority.
How much does a smoking shelter cost in the UK?
At Store Fittings Direct, smoking shelters start from 582.50 pounds ex VAT for the Slimline, 749.95 pounds for the Eco 4 to 5 person shelter and 922.29 pounds for the 6 person Broughton. Larger 3m to 9m shelters run from about 1,787 pounds to over 6,000 pounds ex VAT, and the 40+ person Debdale is 10,575 pounds ex VAT.
This guide is general information, not legal advice. Rules can change and councils apply them locally, so check with your council's planning, building control and environmental health teams before you install.
