Smoking shelter guide

Smoking shelter rules: the 50% rule and what is changing

A smoking shelter has to be open enough to stay legal, sited where it will not cause a nuisance, and usually needs planning permission. New smoke-free and vape-free rules are also on the way for schools, playgrounds and hospitals in England.

  • The 50% rule explained
  • Planning permission covered
  • Updated for the Tobacco and Vapes Act 2026
Smoking shelter rules: the 50% rule and what is changing
  • 50%the most a roofed shelter can be enclosed and still be legal to smoke in
  • 2007the year enclosed public places and workplaces in England went smoke-free
  • April 2026the Tobacco and Vapes Act became law, with powers to add new smoke-free places
  • 6 monthsthe minimum notice promised before any new outdoor rules start

What the law says about smoking shelters

Since 2007, nearly all enclosed and substantially enclosed public places and workplaces in England have had to be smoke-free, under the Health Act 2006 and the Smoke-free (Premises and Enforcement) Regulations 2006. Scotland, Wales and Northern Ireland have their own equivalent laws.

A smoking shelter is legal to smoke in only if it is neither enclosed nor substantially enclosed. That is where the 50% rule comes from. A structure with a roof counts as substantially enclosed if its walls and sides close in more than half of it, so a compliant shelter keeps at least half of its sides open.

There is no legal duty on an employer or a venue to provide a shelter at all. Most do because it keeps smokers away from doorways and gives them somewhere dry that is clearly the place to go.

Is your shelter legal?

Council environmental health officers enforce the smoke-free rules. These are the things they, and the planners, will look at.

A shelter is on the right side of the rules if

  • At least half of its sides are permanently open. Doors, windows and panels that can be closed count as closed
  • It does not stand with an open side against a wall or solid fence, which can close that side off
  • It has planning permission where it is a permanent structure, which in most cases it will need
  • It is sited where smoke and noise will not drift into the building or bother the neighbours

What about vaping?

Vaping is not covered by the current smoke-free law, so where people vape is a matter for the site's own policy. That is expected to change indoors: the government has proposed making indoor smoke-free places vape-free as well.

The rules nowThe 50% rule

What applies to a shelter you buy today, in England.

  • It must not be enclosed or substantially enclosed
  • Permanent shelters usually need planning permission
  • Small detached shelters do not normally need Building Regulations approval
  • Licensed premises may need a licence variation if customers will drink in the shelter
Check with your local council before you order.
Proposed for EnglandNew smoke-free places

Consulted on in 2026 under the Tobacco and Vapes Act. Not yet law.

  • Playgrounds and the outdoor areas of schools, nurseries and colleges to be smoke-free, vape-free and heated tobacco-free
  • Outdoor areas of hospitals and healthcare settings to be smoke-free and heated tobacco-free
  • Indoor smoke-free places to become vape-free too
  • Pub gardens, outdoor hospitality and open public spaces are not included
The consultation also asked whether designated smoking areas should be allowed.

Before you buy a smoking shelter

Four checks that save an expensive mistake.

  1. Decide where it goes

    Away from doors, windows and air intakes, and away from neighbours if you open late. Check what stands behind each open side.

  2. Ask the planners

    Call your council's planning team with the size and position. Most permanent shelters need permission.

  3. Check the sides

    Count the open and closed sides of the design against the 50% rule, including any wall it will stand next to.

  4. Think about what is coming

    If you run a school, college or healthcare site in England, check the latest position before you spend money on a new smoking shelter.

How it applies by sector

The 50% rule is the same for everyone. What differs is whether a smoking shelter is still the right answer for your site.

Choosing a shelter that complies

A purpose-made smoking shelter is designed around the 50% rule, with a roof and partial sides that keep the rain off without closing the space in. That is the main reason to buy one instead of adapting a gazebo or boxing in a corner of the yard.

Where it stands matters as much as how it is built. A compliant shelter pushed up against a wall can stop being compliant, because the wall closes off a side that was meant to be open.

If smoking is likely to be banned on your site, the same kind of structure does other jobs. Open-sided shelters are used for cycle parking, trolleys, waiting areas and bin stores.

We supply, we do not install. We will help you choose a size and price it. Groundworks and fitting are carried out by your own contractor.

From the range

See all smoking shelters

Common questions

What is the 50% rule for smoking shelters?

A structure with a roof is treated as substantially enclosed, and so has to be smoke-free, if more than half of its sides are closed in. A legal smoking shelter keeps at least 50% of its sides open. Doors, windows and panels that can be shut count as closed.

Do I need planning permission for a smoking shelter?

In most cases, yes. Councils generally treat a permanent smoking shelter as a structure that needs planning permission. Ask your local planning team before you order.

Does a smoking shelter need Building Regulations approval?

Usually not, if it is detached and of a modest size. Larger shelters can need approval, and it depends on the size and how close the shelter is to a boundary, so check with building control.

Can people vape in a smoking shelter?

Yes. Vaping is not covered by the current smoke-free law, so where people vape is down to the site's own policy. The government has proposed making indoor smoke-free places vape-free as well, so that may change indoors.

Is smoking being banned outside pubs?

Not under the current proposals. The 2026 consultation for England left out pub gardens and outdoor hospitality. It covers playgrounds, schools, nurseries, colleges and healthcare settings.

Do I have to provide a smoking shelter for staff?

No. There is no legal duty to provide one. Most employers do because it keeps smokers away from entrances and gives them somewhere dry that is clearly the place to go.

This page is a plain English summary, not legal advice. For your own site, check with your council and read the official sources: Smoke-free (Premises and Enforcement) Regulations 2006, GOV.UK announcement of the 2026 consultation. Last reviewed October 2026

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