From 1 July 2007, nearly all enclosed public places in England, including workplaces, became smoke free by law. This is as a result of the Health Act 2006 coming into force. 

This Act affects virtually all 'enclosed' and 'substantially enclosed' public places such as shops, offices, factories, pubs, restaurants, betting offices and membership clubs. For general information on Smokefree Regulations and how it may affect your business, visit our Smokefree pages or the smokefree england website (this link opens in a new window).

As a result of this change in law, some owners may choose to provide smokers with a smoking shelter or an area outside the enclosed main building. These areas must not be 'enclosed' or 'substantially enclosed'. 

If you are considering a smoking shelter or area, you will need to check whether:

• planning permission is needed for your shelter or that the outdoor area you are planning to use is covered by an existing planning permission. For more information please contact Planning Enquiries.
  
  Planning permission is likely to be required for any form of extension to commercial premises (such as an awning or a covered way) or a free-standing shelter. If you are considering an extension, shelter or the use of an outdoor area, you must consider proximity to any doors or windows through which smoke could enter a building; the location in relation to neighbouring properties; and any impact it could have on those properties and occupants.
  
  To make an application for a shelter, you will need to submit a Part 1 application form [PDF] (98k). Whilst we will consult our Environmental Health team as part of the application process, we would advise you to consult them at pre-application stage to ensure that the proposed shelter meets the requirements of smoke-free workplaces legislation.
  
  Planning Enquiries
  Planning and Development Service
  Guildford Borough Council
  Millmead House
  Millmead
  Guildford
  Surrey
  GU2 4 BB
  
  Tel: 01483 444609
  Email:  planningenquiries@guildford.gov.uk

• building regulations approval is needed for a shelter.
  
  A building regulation application is not likely to be needed if any form of shelter is detached from the main building and it is less than 15 sqm in floor area. It can even go up to 30 sqm if it is not within 1m of the boundary or substantially constructed in non-combustible materials. If the shelter is linked to the main building, then it may still not need building regulations approval as long it is less than 30sqm and acts as a conservatory, porch, covered yard or covered way. 
  
  Any shelter must, however, be built properly and not create a danger to occupants or the general public. If it does, Building Control can take action under dangerous structure legislation.
  
  For further information please contact Building Control.
  
  

  Building Control
  Guildford Borough Council
  Millmead House
  Millmead
  Guildford
  GU2 4BB

  Tel: 01483 444696 or 444609
  Fax: 01483 444646
  Email: buildingcontrol@guildford.gov.uk

• there are any licensing conditions that affect the use of the outdoor area.
  
  For further information please contact the Licensing Team.
  
  

  Licensing Team
  Guildford Borough Council
  Millmead House
  Millmead
  Guildford
  Surrey
  GU2 4BB

  Tel: 01483 444371
  Email: licensing@guildford.gov.uk