How Far From a Building Does a Smoking Shelter Need to Be?

When a facilities manager or employer asks how far their smoking shelter needs to be from the building, they usually expect a simple number. The answer is slightly more complicated than that, but not by much.

What the Health Act 2006 says

The Health Act 2006, which bans smoking in substantially enclosed premises in England and Wales, does not specify a minimum distance from a building entrance.

What it requires is that smoke does not enter the building. The law is outcomes-based: if the shelter is positioned so that smoke is drawn into the building through open doors, windows, or ventilation systems, the situation creates a health risk for people inside, which the legislation is designed to prevent.

This means the "how far" question is really a "where does smoke go" question.

The working guide most employers use

In the absence of a statutory minimum, the most widely adopted working guide is 3 to 5 metres from any entrance, window, or ventilation intake.

This is not a legal requirement. It is a practical standard that has developed through guidance documents, HSE recommendations, and employer policy over the 19 years since the Health Act came into force. It works in most settings.

The reason 3 metres is often cited is that it keeps the shelter far enough from a doorway that smoke disperses before reaching the opening, even on a relatively still day. Five metres provides more headroom for ventilation systems that may draw air from outside.

If your building has mechanical ventilation intakes at low level on the external wall, position the shelter so it is not in the path of the intake draft. This matters more than a specific distance figure.

Where specific distances do apply

NHS settings. NHS England Smokefree Policy specifies that designated smoking areas must be at least 15 metres from all hospital buildings, including all entrances, exits, and patient care areas. Some NHS trusts extend this to 20 metres or to the site boundary. This applies to hospitals, GP practices, and other NHS premises.

Schools. There is no lawful smoking shelter on a school premises. DfE and Ofsted guidance requires schools to be smokefree environments. This is not a distance rule; it is a complete prohibition.

Local authority byelaws. A small number of local authorities have byelaws specifying distances from public buildings. These are site-specific and worth checking if your premises is adjacent to a library, council building, or civic centre.

Fire safety: the distance that actually matters

Separate from the Health Act, fire safety regulations impose real constraints on where a smoking shelter can be sited.

The shelter must not obstruct any fire escape route, fire exit door, or emergency access road. Firefighting vehicles must be able to reach all sides of the building, and the shelter must not narrow access routes below the minimum required.

The shelter must not be positioned near combustible materials: stored stock, skip storage areas, wooden fencing, vehicle fuel. A lit cigarette near stored materials is a fire risk regardless of whether the shelter meets its Health Act compliance.

Your fire risk assessment, which all non-domestic premises are required to maintain under the Regulatory Reform (Fire Safety) Order 2005, should include the smoking area. If it does not, it should be updated to do so. The position of the shelter relative to the building, its distance from fuel sources, and the general tidiness of the smoking area are all relevant to the assessment.

What all of this means in practice

For the typical office, warehouse, or commercial premises:

• Position the shelter at least 5 metres from any entrance or window, or further if there is a ventilation intake in the vicinity
• Do not obstruct any fire exit, fire escape route, or emergency access road
• Keep the shelter away from stored combustibles
• Position it so staff can access it safely: no crossing roads without a safe route, no poorly lit routes at night
• Update your fire risk assessment to include the smoking area

For NHS premises: follow the NHS Smokefree Policy minimum of 15 metres.

For schools: there is no compliant position for a smoking shelter on site.

Does the shelter position affect planning permission?

Not usually. The distance from the building is a health, safety, and fire question rather than a planning one. Planning permission depends on where the shelter sits relative to site boundaries, conservation area designations, and whether it falls within permitted development limits.

We provide a site assessment as part of our free survey process and advise on positioning that satisfies both the health and safety requirements and any planning considerations before any order is placed.

For the complete guide to smoking shelter legislation, including the 50% open rule, employer duty of care, and planning requirements, read: UK Smoking Shelter Regulations: What Employers and Venues Need to Know.