Table of Contents
- What Smoking Shelters Must Do for Your Site
- Health Act 2006 Smoking Regulations Explained
- Workplace Smoking Area Requirements You Need to Meet
- Does Your Smoking Shelter Need Planning Permission?
- Choosing the Right Shelter: Sizes, Materials and Costs
- Installation, Ground Fixing and Long-Term Maintenance
- Frequently Asked Questions
Last Updated: September 28, 2026
What Smoking Shelters Must Do for Your Site
A smoking shelter is a designated outdoor structure that protects smokers from the weather while keeping second-hand smoke away from non-smokers and helping your premises meet smoke-free legislation. At Store Fittings Direct, we've supplied site protection and outdoor fixtures for over 30 years, and the questions we field about smoking shelters rarely change: what does the law actually require, and what do I need to buy?
Both questions have clearer answers than most site managers expect. The legal duty is set out in the Health Act 2006, which banned smoking in enclosed and substantially enclosed public places and workplaces across England. A compliant shelter is fundamentally a question of openness, positioning and signage, not the shelter itself.
Below, we'll break down the 50% rule, planning permission triggers, and how to size a shelter to your daily footfall. The five sections that follow cover everything from the legislation to long-term maintenance, so you can specify the right structure with confidence.
Health Act 2006 Smoking Regulations Explained
The Health Act 2006 smoking regulations make it an offence to smoke in enclosed or substantially enclosed public places and workplaces. The Act came into force in England on 1 July 2007, and equivalent smoke-free provisions apply across the devolved nations. The rules are enforced by local authorities, and penalties fall on the person smoking and, in some cases, the person managing the premises.
The critical detail for anyone buying a shelter is the definition of "substantially enclosed." A structure is not automatically legal just because it has no door. The test is mathematical, and it catches out plenty of buyers who assume an open front is enough.
The 50% Rule: What Counts as Substantially Enclosed
A structure is substantially enclosed if it has a roof and more than 50% of its perimeter is enclosed by walls, other than openings that are doors, windows or passageways. If less than half the perimeter is enclosed, the structure is generally treated as open and falls outside the smoke-free requirements.
The perimeter calculation matters because it counts all enclosing surfaces, including back panels, side panels and any partial walls. A shelter with a roof and three solid sides will usually fail the test. One with a roof and a single back panel will usually pass. The official smoke-free guidance on enclosed premises sets out how the perimeter should be measured, and it's worth reading before you commit to a design.
Workplace Smoking Area Requirements You Need to Meet
Workplace smoking area requirements go beyond the structure itself: you need to provide a designated area, control where smoke drifts, and communicate the rules clearly to staff and visitors. A shelter that passes the 50% test but sits directly outside a fire exit or a canteen window still creates problems.
The practical requirements break down into three areas:
Free Standing Smoking Shelter with →
- Positioning: Place the shelter away from entrances, windows, air intakes and pedestrian routes so smoke does not drift into occupied spaces
- Ventilation: Keep the structure open enough that smoke disperses rather than collects under the roof
- Signage: Display clear "no smoking" notices on enclosed premises and identify the designated smoking area so users know where they may smoke
Positioning, Ventilation and Signage
Getting the position right is largely a matter of observation. Watch where smoke drifts on a still day and where staff naturally congregate. A shelter tucked against a wall on the prevailing windward side will funnel smoke straight back towards the building.
Signage is the cheapest compliance step and the one most often skipped. Under the smoke-free rules, premises must display no-smoking signs in a prominent position at each entrance. Designated smoking areas should be clearly marked so there is no ambiguity about where smoking is permitted.
Does Your Smoking Shelter Need Planning Permission?
Smoking shelter planning permission is often not required, but it depends on the structure's size, position and permanence. Many smaller shelters fall within permitted development rights, which allow certain structures without a full application. Larger, taller or more permanent shelters, and those in sensitive locations, usually need consent.
Three factors decide it:
| Factor | Likely to Need Permission | Likely Exempt |
|---|---|---|
| Height | Over 2.5 m | Under 2.5 m |
| Position | Fronting a highway or in a conservation area | Tucked within the site boundary |
| Permanence | Fixed to a permanent foundation near a boundary | Freestanding and easily relocated |
If your premises are listed, in a conservation area, or the shelter sits within the curtilage of a dwelling, treat planning consent as likely and check with your local planning authority first. The planning portal guidance on permitted development is the sensible starting point for what your site can do without an application.
Choosing the Right Shelter: Sizes, Materials and Costs
Matching the shelter to your site and your footfall is where most of the buying decision sits. A shelter that's too small pushes users out into the rain and defeats the purpose; one that's too large for the space looks out of place and can complicate the perimeter calculation.
Aluminium frames with polycarbonate roof panels are the standard choice for commercial sites. The aluminium resists corrosion, the panels are UV resistant, and the whole structure is light enough for straightforward self-assembly. A curved design protects users from the back and above, which matters more than most buyers expect on a windy site.
Matching Shelter Size to Daily Footfall
Size the shelter to your peak smoking population, not your average. A rough working guide is one seated position per regular smoker likely to use it during a single break period.
Store Fittings Direct stocks shelters across the size range, from a slimline freestanding unit at £582.50 through to a free-standing aluminium shelter with integrated seating and a bin at £3,700.00. The Broughton eco shelter at £922.29 comes in 6, 8 and 10-person versions, with the 6-person model measuring 2050 mm long by 2040 mm wide by 2100 mm high, so you can scale the footprint to the space you have.
Free Standing Smoking Shelter with →
Installation, Ground Fixing and Long-Term Maintenance
Installation is usually a self-assembly job, and most commercial shelters can be fixed to concrete, paving slabs, block brick or tarmac. The ground fixing method matters more than the assembly itself: a shelter that shifts in high wind is both a safety issue and a compliance risk if it disturbs the perimeter.
Maintenance is minimal but not zero. Aluminium frames need an occasional clean to keep the anodised finish intact, and polycarbonate panels should be checked for cracks or clouding that reduce their UV resistance. Ashtrays and bins need emptying on a rota, or the area around the shelter becomes the litter problem you were trying to solve.
Common Mistakes That Undermine Compliance
The mistakes that cause the most trouble are rarely about the shelter's quality. They're about specification and siting:
- Treating a roof and three walls as compliant. It usually fails the 50% perimeter test.
- Ignoring the wind direction. A sheltered spot for users can be the worst possible position for smoke drift.
- Forgetting the signage. No-smoking notices at entrances are a legal requirement, not a nicety.
- Skipping the planning check. A shelter that needs consent but doesn't have it can be ordered to come down.
- Buying on price alone. A lightweight frame that flexes in the wind will not last a British winter.
Getting a smoking shelter right is less about the structure and more about the details around it: the perimeter calculation, the siting, the signage and the ground fixing.
Frequently Asked Questions
Do smoking shelters need to be enclosed to comply with the law?
No. A shelter must not be substantially enclosed, or smoking inside it becomes illegal under the Health Act 2006. The test is whether more than 50% of the perimeter is enclosed by walls, doors, windows or similar structures. Roofs and back panels are fine as long as the open sides keep the enclosed proportion below that threshold. A curved back-and-roof design, like the free-standing aluminium shelter with seating, gives weather protection while staying clearly compliant.
Are smoking shelters mandatory for businesses?
They are not legally required. What the law requires is that enclosed and substantially enclosed workplaces and public premises are smoke-free. Many employers provide a shelter so staff have a comfortable, weather-protected place to smoke that keeps smoke away from entrances, windows and non-smoking colleagues. It also helps you meet your duty of care and avoid smoke drifting into smoke-free areas.
Where should a smoking shelter be positioned on site?
Keep it away from entrances, open windows, air intakes and children's play areas so smoke does not drift into smoke-free spaces. Place it on firm, level ground such as concrete, paving slabs or tarmac, and leave enough clearance for users to move in and out easily. Good ventilation matters, so avoid tucking a shelter into a tight corner where smoke lingers. Signage should make the designated area obvious to staff and visitors.
Do I need planning permission to install a smoking shelter?
Often you do not, because many shelters fall within permitted development rights, but this depends on size, height, siting and whether your building is listed or in a conservation area. Shelters placed close to a highway or on certain frontages can also need approval. Check with your local planning authority before ordering, and if you lease the site, confirm the terms with your landlord. Larger or fixed structures are more likely to need a formal application.
