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This factsheet explains the type of premises that will be captured by the Terrorism (Protection of Premises) Act 2025 ^{[footnote 1]}. The Act covers both premises and events. Further information on which events are in scope can be found in the scope (events) factsheet.

Which premises are in scope?

Premises that satisfy the following four criteria fall within scope of the Act:

1. There is at least one building on the premises

To meet this condition, the premises must consist of:

• a building (including part of a building); or
• a building and other land

Some premises include land attached to a building, such as a pub with a beer garden, or a hotel with outside grounds used for dining and events.

There are also premises which are primarily outdoors but also consist of one or more buildings on site. This includes, for example, certain racecourses, zoos or theme parks.

There is no specific requirement that the building is made of any particular material, and temporary structures may be in scope (but the premises must have some form of building on them at all times to be qualifying premises).

2. The premises are wholly or mainly used for one or more of the uses the Act specifies

For premises to fall within scope, they must be wholly or mainly used for one or more of the uses that are set out in Schedule 1 to the Terrorism (Protection of Premises) Act 2025. By 鈥榳holly or mainly used鈥�, we mean that the premises are either i) only used for an activity in Schedule 1 or, ii) where the premises has multiple uses, it is mainly used for the purposes listed in Schedule 1.

The test of whether premises are mainly used for Schedule 1 purposes is to be determined based on the circumstances of each set of premises. The point is to determine what the premises are mainly used for 鈥� this may be a question of how the premises are used most of the time, or if there is a predominant use. An otherwise private garden opened very occasionally for visitors to come (e.g. as part of an 鈥渙pen gardens鈥� event) would not be caught if the main use was as a private garden. However, the garden of a stately home may be qualifying premises if it is mainly used as a visitor attraction (rather than as a private garden).

Where the qualifying premises is not mainly used for Schedule 1 activities, the premises may still meet the qualifying event criteria 鈥� see scope (events) factsheet

3. The premises meet the thresholds for individuals present at the premises

The Terrorism (Protection of Premises) Act 2025 requires an assessment of the number of individuals who can be reasonably expected to be in attendance at premises and events. It will be necessary to determine the greatest number of individuals reasonably expected to be present at the same time in connection with one or more schedule 1 uses.

Further information about how to assess the numbers of individuals at premises can be found in the assessment of the number of individuals expected to be present factsheet

This assessment (alongside the other qualifying factors) will determine whether premises or events are qualifying premises and whether they are standard duty premises or enhanced duty premises:

• Subject to other conditions, to be qualifying premises 200 or more individuals (including staff) must, at least occasionally, be reasonably expected to be present at the same time in connection with one or more uses specified in the Act.
• Those premises will be standard duty premises unless 800 or more individuals (including staff) may be reasonably expected, in which case they will be enhanced duty premises.

4. The premises are not excluded premises

Schedule 2 to the Act excludes certain premises from the requirements of the Act.

Parliaments and Devolved Administrations. Premises occupied for the purposes of either House of Parliament; the Scottish Parliament or a part of the Scottish Administration; the Senedd Cymru or the Welsh Government; or the Northern Ireland Assembly or a Northern Ireland Department, are not in scope of the Act.

Parks, gardens, recreation grounds, sports grounds and other open-air premises used for recreation, or leisure are generally excluded from the Act鈥檚 provisions. However, this exclusion only applies where they are generally open access. If such premises have measures in place to secure or check that access is restricted, they would not be excluded premises and may be within scope of the Bill. This includes where a payment is made, a ticket or pass is issued, or where individuals are members or guests of a club, association or similar body to gain access (e.g. a members access only tennis club).聽

If measures are in place for particular facilities on premises, but those measures do not limit access to the premises more generally, then they can be disregarded. For example, a charge for tennis courts in a generally open-access park. 聽

Transport premises that are already subject to relevant existing legislative requirements to consider and mitigate threats (e.g.聽 at applicable airports, national rail and underground premises, international rail premises, and port facilities) are excluded premises.

Part of a building

The definition of a building includes 鈥減art of a building鈥�. There are many premises which are used for non-Schedule 1 activities, but which have a part which is used for a Schedule 1 purpose.

For example, a large factory may have an associated shop for the display and sale of the goods it makes. The factory is a private workplace not in scope. The shop as part of the building may be in scope if it meets the qualifying premises criteria.聽聽

A group of buildings

There are many premises which consist of 鈥渁 group of buildings鈥� used for Schedule 1 use/uses. Common examples include buildings (and associated land) at a university campus or a hospital complex.

Factors which define a group of buildings are likely to include if they are in close geographical proximity, and the responsible person is the same for the buildings in the group (or the majority of those buildings).聽聽

Premises within premises

There are examples of premises that are in scope of the Act which have multiple units within them, which may be qualifying premises in their own right. For example, a shopping centre or an entertainment complex.

If shops within shopping centres (and similar examples of smaller units within buildings) meet the scope criteria of the Act, they themselves are qualifying premises in addition to the shopping centre (or other larger building). Those responsible for such connected qualifying premises may be required to co-ordinate their activities, where necessary to ensure that the procedures/measures they have in place meet the requirements.

Premises subject to different accommodation criteria

Whether premises are within the standard or enhanced tier will depend on the number of people reasonably expected to present at the same time, in connection with one or more schedule 1 uses from time to time.

However, some premises are determined to be standard duty premises because of their schedule 1 use, not the number of people reasonably expected to attend (note that the minimum threshold of 200 to be qualifying premises must still be met). This is set out in Schedule 1 and applies to places of worship and buildings used for childcare or primary, secondary or further education. 聽

Footnotes