Guidance

Guidance for venues: outdoor civil marriage and civil partnership ceremonies

Updated 6 April 2022

Applies to England and Wales

The Registrar General’s guidance has been updated to reflect the changes relating to outdoor marriages and civil partnerships.

Definition of “premises” and associated practicalities

Q.1: How are “premises” defined in the Regulations and what does this mean in practice?

A: The definition of “premises” is the “built premises” together with any “linked outdoor areas”. “Built premises” means a permanently immovable structure (for example, a building or other structure) comprising at least a room, or any boat or other vessel which is permanently moored. “Linked outdoor areas” means any areas within the boundary of the land of which the built premises form part, which are not built premises and which may be used in common with the built premises.

Approved Premises can conduct civil marriage and civil partnership proceedings in the room(s) within the built premises which are approved for those proceedings and also at locations outdoors within the boundary of the land on which the built premises stand, provided that certain conditions are met. In particular, Approved Premises will need to consult in advance with the superintendent registrar before arranging any proceedings in the outdoor area, to obtain prior confirmation that the outdoor location fulfils the requirement to be seemly and dignified.

This amended definition of “premises” captures outdoor locations within the boundary of the same property as the Approved Premises and allows proceedings to be held in semi-permanent structures (such as marquees) within the linked outdoor area, without any requirement that the structure have at least 50% open sides (as was required by the temporary regulations (in force between 1 July 2021 and 5 April 2022).

It is very important that venues undertake this prior consultation with the superintendent registrar. Failure to obtain prior confirmation that the proposed location of outdoor proceedings is seemly and dignified could result in the ceremony not taking place on the day. Superintendent registrars will not conduct proceedings in contravention of the 2005 Regulations (as amended).

Q.2: What is meant by “any area within the boundary of the land of which the built premises form part?” and “… which are not built premises and which may be used in common with the built premises”?

A: The “any area within the boundary of the land of which the built premises form part” will be the land on which the built premises stand. In other words, the Approved Premises will be able to conduct proceedings in outdoor spaces on the same property (including semi-permanent structures, such as marquees). The onus is on the Approved Premises to satisfy the superintendent registrar that the proposed location for outdoor proceedings is within the boundary of the land of which the built premises forms part.

The land must be land which is available for use by the Approved Premises. The 2005 Regulations (as amended) do not permit other premises which stand on the land, and which are not Approved Premises, to conduct proceedings in the linked outdoor area.

Q.3: Will I be able to use other land I own which is nearby or the forest or park adjacent to my land?

A: No. The 2005 Regulations (as amended) only permit proceedings to take place in the linked outdoor areas within the boundary of the land of which the built premises form part.

Q.6: If I erect a semi-permanent structure, such as a marquee, can this be used for ceremonies?

A: Yes. Under the 2005 Regulations (as amended) these structures can be used in the linked outdoor areas and there is no requirement for the structure to have at least 50% open sides as was required by the temporary regulations (in force between 1 July 2021 and 5 April 2022).

Q.7: Can a ceremony take place fully outdoors, with no structure required?

A: Yes. The 2005 Regulations (as amended) permit this, but the proceedings must be within the boundary of the land of which the built premises form part and must take place in a location which the Approved Premises may use. However, you must first consult the superintendent registrar as to the proposed location. They must confirm that in their opinion the proposed location is seemly and dignified. They must also approve the arrangements for and contents of the proceedings. Other conditions must also be met for the proceedings to take place, which include ensuring public access and providing notices and directions for the location of the proceedings.

Q.8: Can I use anywhere within the linked outdoor areas for ceremonies?

A: Yes, in principle, subject to the following conditions:

• Prior confirmation must be secured from the superintendent registrar of the district in which the Approved Premises are situated, or the authority, as the case may be, that in their opinion, having regard to the primary use, situation, construction and state of repair, the proceedings will take place in a seemly and dignified location within the linked outdoor areas.
• The location within the linked outdoor areas at which the proceedings take place must be identifiable by directions, which are capable of being stated in a notice to enable the public to access the location.
• No food or drink may be sold to or permitted to be consumed by persons attending the proceedings when gathering for the purposes of the proceedings or during the proceedings. However non-alcoholic drinks may be permitted to be consumed prior to the proceedings.

Note: This condition applies to the immediate area where the ceremony is taking place, rather than to the venue as a whole at that time, thereby not prohibiting the sale of food and drink to be consumed elsewhere or as part of other events at the same time at the venue.

• A suitable notice stating—
  • that the premises have been approved for the proceedings;
  • the description of the location within the linked outdoor areas at which the proceedings are to take place; and
  • directions to the location within the linked outdoor areas at which the proceedings are to take place;

must be displayed at each public entrance to the premises and the built premises for one hour prior to and throughout the proceedings.

If you conduct proceedings in the linked outdoor areas, a notice must be displayed at the public entrances to the built premises as well as at public entrances to the linked outdoor areas.

It is important to note from the above that locations must be capable of description so that couples, their guests, registration officers and the public can easily find their way to the location. It is for the responsible person at the Approved Premises to ensure that this, and other conditions, are met.

Q.9: Do I need to apply for planning permission if I want to erect a covered structure in my linked outdoor areas?

A: You should discuss your proposal with your local planning officer. They will be able to advise on whether any new planning permission or revisions to any existing planning permission is required. It is not possible to provide generic guidance on this.

Q.10: Do I need to hold ceremonies in the same place(s) every time or can I change the locations?

A: No. Within any linked outdoor areas, venues have the flexibility to change locations. However, the responsible person at the Approved Premises should discuss any changes in advance with the superintendent registrar. Any location changes should be compliant with the conditions set out at Q.8 above.

Q.11: My Approved Premises has an outdoor space which is a rooftop. Can I use this for ceremonies?

A: Usually, yes, and subject to the conditions set out at Q.8 above. This will be for discussion between individual venues and the local authority as it depends on a number of factors, e.g. whether the rooftop forms part of the land of which the built premises form part and is available for use in common with the built premises, whether the rooftop is shared and, if so, whether its use for proceedings would breach any sharing arrangement in place.

Q.12: I am currently not allowed to provide food or drink before or during a ceremony in the room(s) approved for marriage and civil partnership ceremonies at my Approved Premises. Will I be able to do so if a ceremony is held in the linked outdoor areas?

A: This forms part of the conditions set out at Q.8 above. No food or drink may be sold to or permitted to be consumed by persons attending the proceedings when gathering for the purposes of the proceedings or during the proceedings. However non-alcoholic drinks may be permitted to be consumed prior to the proceedings.

Note: This condition applies to the immediate area where the ceremony is taking place, rather than to the venue as a whole at that time, thereby not prohibiting the sale of food and drink to be consumed elsewhere or as part of other events at the same time at the venue.

Q.13: Will there be a maximum number of guests who can attend a ceremony which is fully outdoors or within a structure outdoors?

A: The maximum number of guests will depend on a number of factors including, health and safety and fire precautions (including in relation to any structure within which the outdoor proceedings are to take place), and any planning restrictions which may be in place or which may be imposed by the local authority.

Approved Premises should also consider how the same number of guests might be accommodated in an approved room or covered structure outdoors in the event of inclement weather, whilst also meeting other relevant conditions, e.g. health and safety.

Q.14: Can other activities take place at or near the location of outdoor marriage or civil partnership proceedings in my linked outdoor areas?

A: The 2005 Regulations (as amended) do not impose any restriction on other activities taking place at the location of outdoor proceedings. However, Approved Premises must obtain prior confirmation from the superintendent registrar of the district in which the Approved Premises are situated, or the authority, as the case may be, that, in their opinion the location in the linked outdoor areas where it is proposed that proceedings take place is seemly and dignified. They must also approve the contents of and arrangements for the proceedings.

Approved Premises are strongly advised to ensure that no other activities are planned to take place within the linked outdoor areas at the same time as the proceedings, to ensure that such activities will not affect the prior assessment of the location for the proceedings as being seemly and dignified.

Q.15: I don’t want to offer outdoor ceremonies. Does the law require me to make these available?

A: No. The 2005 Regulations (as amended) are permissive. It is for individual Approved Premises, in discussion with their local authority, to decide whether they wish to offer outdoor ceremonies and (if so) on what basis.

Whether an application is needed to use the linked outdoor areas and the use of plans

Q.16: I am the owner of an existing Approved Premises. Will I have to apply to use my linked outdoor areas for ceremonies?

A: No. It will not be necessary to apply to use your linked outdoor areas as the 2005 Regulations (as amended) allow, on a permissive basis, the use of linked outdoor areas of built premises which have already been approved. However, Approved Premises must first discuss with the superintendent registrar the proposed locations in linked outdoor areas at which proceedings are to take place, prior to arranging those proceedings, to obtain confirmation that the location fulfils the requirement to be seemly and dignified. Other conditions set out at Q.8 above must also be met.

Q.17: I am the owner of an existing Approved Premises. Will I have to submit a revised plan showing the linked outdoor areas of the premises and the locations within these areas I wish to use before I can use them for ceremonies?

A: No. It will not be necessary to submit revised plans showing the linked outdoor areas it is proposed to use or specific locations within these areas where it is proposed to conduct proceedings. However, venues must first discuss with the superintendent registrar the proposed location for the proceedings prior to making any arrangements and obtain confirmation that the location is assessed to be seemly and dignified.

However, where you are applying to renew your approval, you will need to show on the plan both the room(s) within the built premises for which approval is sought and also the linked outdoor areas within which it is proposed to conduct outdoor proceedings (though not the specific locations within these areas where proceedings will be conducted). This is because the amended definition of “premises” means ‘the built premises together with any linked outdoor areas’.

Q.18: I am the owner of a venue and am applying for it to become Approved Premises for the first time. When I make my application, do I need to show the linked outdoor areas of the premises on the plan, and the locations within these areas I intend to use for ceremonies?

A: You will need to provide a plan which shows the extent of the whole premises – so both the room(s) in the built premises for which approval is sought and any linked outdoor areas of which the built premises form part. It is not necessary, however, to show specific locations within the linked outdoor areas where proceedings are proposed to take place.

You must also first discuss with the superintendent registrar of the district in which the approved premises are situated, or the authority, as the case may, the proposed location for the proceedings prior to making any arrangements and obtain confirmation that the location is assessed to be seemly and dignified.

You must show the indoor room(s) for which you are applying for approval as you cannot apply to only use your linked outdoor areas.

Q.19: I am the owner of existing Approved Premises. Will I need to pay an additional fee to use my linked outdoor areas?

A: If you are an existing Approved Premises owner, there will be no additional fee for using the linked outdoor areas of which the built premises form part.

Q.20: I am the owner of a venue which is currently not Approved Premises and am applying for approval. Will I need to pay an additional fee to use my linked outdoor areas?

A: You should discuss this with your local authority before submitting your application.

Health and safety

Q.21: Are there any additional health and safety requirements I must meet?

A: You should ensure the location of proceedings in the linked outdoor areas you propose to use meet with existing health and safety requirements, in the same way as if using these spaces for other aspects of the ceremony, e.g. receptions, photographs, etc. It is recommended you consult the local authority in advance to ensure the space is suitable, e.g. access issues for individual registrars (and guests), extreme allergies (e.g. animals, plants). The local authority may wish to carry out checks to ensure that any linked outdoor areas are compliant. If using a partially covered structure you should also consider appropriate fire precautions.