Smoking Shelters: Do you need Planning Permission?

 In the UK, whether you need planning permission to install a smoking shelter (now also known as a vape hut or vape shelter) depends on several factors, including the size, type, location, and specific regulations of the local authority. Here are the key points to consider:

In the UK, as of August 1,2024, open sided temporary structures DO NOT need planning permission. At least ONE SIDE needs to be open. Be aware that side-blinds do not count.

1. Size and Structure:

• Small Shelters: For small, temporary shelters that are not permanently fixed to the ground and are used infrequently, planning permission is generally not required. No permission is required up to a height of 4m (at the pitch – incline of the roof), 2.5m at the eves (as long as it’s 2m from a boundary. They can be ground-fixed, but not concreted into the ground. If footings are below ground, then this is classed as a development – and you WILL need planning permission.

IMPORTANT NOTE: If the floor area of the shelter you're looking to insall is greater than15m², there may be restrictions if the shelter is within one metre of a boundary. Any shelter over 30m² will need Building Regulation approval genrally speaking. We'll probably say this several times, but it's always best to give your local planning office a call, as rules and regulations can and will vary in different areas. So, bear that in mind in this blog.

For permanent structures, regardless of whether your shelter is to be attached to the building or free-standing, all permanent external structures require planning permission. So, it’s vital that you get this cleared with your local authorities before you begin the installation.

2. Smoking Shelter Location:

• Listed Buildings and Conservation Areas: If the smoking shelter is to be erected near a listed building or within a conservation area, additional restrictions may apply, and planning permission is probably required.
• Proximity to Boundaries: If the smoking or vape shelter is close to boundaries or adjacent properties, especially residential areas, planning permission may be necessary to address potential concerns about visual impact, noise, or second-hand smoke. As a general rule, smoking shelters need to be at least 1.5m away from other structures.

3. Local Authority Regulations:

• Different local councils may have specific regulations or policies regarding the installation of smoking shelters or vape shelters. It's important to check with the local planning authority to understand any unique rules that may apply. This may also apply to trolley shelters, bike shelters and ticket machine shelters. 

4. Fire Safety and Health Regulations for Smoking Shelters:

• In addition to planning permission, compliance with fire safety and health regulations is also important. The structure must ensure adequate ventilation and prevent the accumulation of smoke to protect both users and non-users from exposure to second-hand smoke. As the majority of smoking shelters and vape shelters are open sided, this shouldn’t be a problem.

5. Usage and Purpose of Smoking Shelter Areas:

• The intended use and duration of the shelter can also influence whether planning permission is needed. Temporary shelters for events might have different requirements compared to permanent installations for businesses. And here’s an important point:  if you’re considering installing a shelter at a listed property, you definitely need to contact your local planning office to discuss.

They can provide guidance based on the proposed size, location, and design of the shelter, as well as local regulations and policies. Additionally, considering fire safety and health regulations is essential to ensure compliance with safety standards. If you've just installed a smoking shelter, you might be ready for a good sit down - so why not take a look at our fabulous wooden benches? 

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