The increasing level of car consumption and the lack of high-quality design solutions for parking in residential areas have led us to the fact that wars in the courtyards of apartment complexes for parking spaces are being waged, sometimes to defeat. Often, in the local areas of apartment buildings bordering offices, you can see how parking lots chaotically fill up by 10:00 and melt away after 19:00-20:00. What to do in a situation where there is nowhere to park your car near your office? What should residents of houses do if they are “closed”? Today I want to analyze the situation, whether it is possible to park in someone else’s yard, and I will try to objectively assess the situation of both the owner of a foreign car and the tenant of the house.
To complicate the task, let's put the parking conditions in a vacuum - the car is parked on the roadway of the local area (not on the lawn, etc.), does not block the exit of other cars, does not block the road for pedestrians, is not started, its weight is less than 3.5 tons, in in general, everything is within the framework of non-violation of the legal framework.
So, let's begin. We all remember that relations regarding apartment buildings, including the status of the local area, are regulated by the Housing Code of the Russian Federation. Clause 16 of the RF Housing Code established that the land plot on which the apartment building is built is the property of the residents. Consequently, the decision on how to use the territory near the house can only be made by apartment owners, which is also enshrined in Art. 44, including introducing restrictions on use. (install barriers, etc.)
In connection with this point, we will divide the following narrative into 2 cases: parking in the local area without a barrier and signs prohibiting parking and with such, respectively.
- There is no barrier, and there are no parking restrictions.
In this case, none of the residents have the right to prohibit parking in the yard, and here’s why.
The current civil legislation does not prohibit passage through a site owned by the owner, unless the latter has clearly indicated that entry to it is prohibited (clause 2 of Article 262 of the Civil Code of the Russian Federation). Here it is necessary to make a reservation that this power only works under the condition of not causing disturbance or damage to the owner.
It turns out that, unless otherwise indicated on the site, it can be used as a public area, you can park your car on it, and no one has the right to restrict your entry/exit, provided that all the requirements outlined above are met.
Often, residents of the house begin to threaten the owner of the vehicle by calling a tow truck. There is no need to be afraid of this - a tow truck will not work without a permit from the traffic police, and the traffic police cannot recognize this parking as illegal.
Advice for owners. How to deal with strangers in a parking lot? To prevent such actions, it is necessary to fence the area, install a barrier, or otherwise indicate that parking is prohibited.
The advice is not legal, but practical for those parking. If you received a “tag” from angry residents, you still shouldn’t get involved in legal discussions; it’s better to move the car to a safer place - as a Chinese sage used to say, the best fight is a fight that was avoided.
- There is a barrier, there are information signs about parking prohibited.
As a general rule, you will not physically park, since there is a direct prohibition from the owners, expressed in restricting the use of the site through the installation of a barrier. And, by and large, nothing can be done here; you will have to look for another place for your swallow.
However, if you think that there should not be a barrier in this area and that it was installed illegally, you should note this.
As I wrote earlier, the decision to install a barrier is made by the general meeting of premises owners (By virtue of clause 2, part 2, article 44 of the Housing Code of the Russian Federation). It turns out that they came out, voted, accepted, installed? But no. To ensure legal support for the installation of barrier elements, care must be taken to comply with the following points:
- Decision of the meeting. As stated above, in order to install a barrier in the local area, the votes of at least 2/3 of the residents must be received.
- Carrying out cadastral registration of land that belongs to the apartment building. It is necessary, since the owners can dispose of the site, including limiting access to it, based on the boundaries of this site.
- No barriers to access for all residents to the home. It is necessary that each owner has a key/card/fob to be able to open the barrier.
- Barrier approval. The icing on the cake is that many HOAs do not reach this stage due to the length of the process, but in vain. Certain regulations establish that it is mandatory to obtain permission to install barriers. For example, coordination with the Ministry of Emergency Situations (to prevent emergency services from entering), coordination with the administration and the traffic police is also required.
To clarify the consistency of installing a barrier in a particular area, you can contact the housing inspectorate, local administration, Ministry of Emergency Situations, State Traffic Safety Inspectorate, or court.
Advice for owners. If a meeting of residents made a decision to install a barrier, it is necessary to take all legal requirements responsibly and perform all the actions indicated above. If a violation of one of the above requirements is detected, the owners risk losing the installed structure due to its illegality.
Okay, we sorted out the situation in a vacuum. What should residents do if the constant picture of the yard is “closed” cars, parking on the sidewalks and other delights?
Here you need to know that the traffic rules fully apply to courtyard areas and such “boors” can be punished with rubles, for which you need to contact the traffic police, provide information about the offense committed with a description of the situation. By the way, those who like to “close” another car may face a fine of 2 tr. (clause 3 of article 12.19 of the Code of Administrative Offenses of the Russian Federation).
However, in no case do I encourage you to arm yourself with phones and go on the warpath with unfortunate parking attendants - we are all human and make mistakes. I advise you to first call the owner using his car card (if he has one, of course) and simply ask him to move the car.
These are the pies.
How do you feel about parking in other people's yards?
There is no separate provision on parking in the local area that regulates the organization of parking on the territory of apartment buildings. In order to To become familiar with the rules relevant to this issue, you need to refer to legal decrees.
Housing Code of the Russian Federation. This regulatory act has the status of a federal law and defines the following principles for the process of organizing local parking: firstly, in Art. 16 of the law determines that the land plot on which an apartment building is built is the property of the residents, and this does not require the issuance of additional resolutions of local authorities.
Article 16. Types of residential premises
- Residential premises include: a residential building, part of a residential building, apartment, part of an apartment, room.
- A residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building.
- An apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as auxiliary premises intended to satisfy citizens' household and other needs related to their residence in such a separate apartment. indoors.
- A room is recognized as a part of a residential building or apartment intended for use as a place of direct residence for citizens in a residential building or apartment.
The law provides that in order to make a decision on the organization of a parking area, a 2/3 vote of residents is required, and the decision made in this way is binding on all residents of the building.
Thus, it is necessary to organize a general meeting of residents and bring this issue up for discussion and, if the decision to organize parking spaces in the local area is approved, collect the signatures of 2/3 of the residents.
After this, apartment owners have every right to install barriers and otherwise improve the local area.
In addition, the distance from the front of the house to the parking lot cannot be less than 10 m for parking lots of up to 10 spaces and 15 m for parking lots of up to 50 spaces. In practice, there are often no problems with compliance with the provisions of this Regulation.
Traffic Laws. The most important rule for parking in the local area of an apartment building, which you need to keep in mind when organizing a parking area, is the requirement of the traffic rules that that the car cannot be parked with the engine running in courtyard areas. Parking means stopping a car for more than five minutes, not related to boarding (or disembarking) passengers. The fine for such a violation is 1,500 thousand rubles.
Residents' rights
Summarizing the requirements of the regulations described above, we list the main rights and obligations of apartment owners regarding parking:
- The entire area around the house is the property of the residents.
- If 2/3 of the residents agree to organize a parking lot, they have every right to arrange the local area in accordance with their vision of the parking lot.
The rights of residents must be supported by two documents: a) minutes of the meeting apartment owners with a decision on organizing parking and the necessary signatures; b) certificate from authorities about the size and composition of the local area.
When exercising their rights, residents should not forget about sanitary standards and traffic rules.
What is the difference between a parking lot and a parking lot?
If we talk about the peculiarities of the legislative definition of the concepts “parking in the local area of an apartment building” and “parking”, then these terms relate to the scope of different legal acts. In particular, a parking lot is a place for storing cars and ensuring their safety (according to the Civil Code of the Russian Federation).
On the other hand, parking This is a traffic rule term that designates a place to temporarily stop a car. In a practical sense, parking most often means a fenced area intended for long-term placement of vehicles for a fee based on a concluded agreement. At the same time, parking lot employees are responsible for the safety of the car.
In case of parking, the responsibility lies solely with the owner of the vehicle. When talking about local areas, it is most correct to use the term “parking”.
Spontaneous parking
How is parking different from parking on the property? According to the definitions and requirements of legal acts described above, parking can be illegal in two cases: if it violates sanitary standards or is contrary to traffic rules. As practice shows, it is most effective in such cases submit a written application to the traffic police, for it to issue an order. You can also try to influence the violators yourself or with the help of the management company.
In addition, more and more often in courtyards one can observe the formation of spontaneous parking in the local area, illegally “seizing” parking spaces.
If the general meeting of residents did not make a decision on organizing parking, and third parties installed barriers, ropes or other objects that restrict apartment owners’ access to parking spaces, you should not get rid of them yourself: it would be more legal to apply to the traffic police or the prosecutor’s office.
Filing a complaint about illegal parking
Design of the header of the application containing information about the traffic police authority to which the application is submitted, as well as information about the applicant: Full name. and contact details. Business rules hat located in the upper right corner of the sheet.
The text of the appeal should describe the situation in detail: where the illegal parking is located, what it includes (fences, blocking objects, etc.), state. license plates of vehicles violating the law. It is also worth mentioning the names of witnesses who can confirm the fact of an illegal parking area.
Do not forget to indicate which points of law the parking violates (described above).
Be sure to include photo and video evidence of the offense with your application.
The application must be considered within 30 days, and most often, during this period, the violators are issued an order to eliminate the illegal parking. To avoid a recurrence of such situations, you should think about organizing a parking lot for residents on their own.
How to organize parking in the local area
Having got the minutes of the residents’ meeting in hand, you need to apply for the allocation of territory for future parking to the local Land Committee (the name may differ in different cities). In this case we are talking about that the land plot is not in common ownership of the residents.
If, when the house was put into operation, the plot was already registered in the name of the apartment owners and entered into cadastral registration, there is no need to additionally contact the authorities.
The application to the Land Committee includes standard information:
- name and address of the supervisory authority, full name. and contact details of the applicant;
- in the text of the application itself, you must describe the request for the formation of the land plot on which the apartment building is located and the address of the property;
- A copy of the minutes of the residents' meeting must be attached to the application.
After receiving written permission from the committee, you need to contact the traffic police and the department or other body dealing with architectural issues in your locality. Approval from these authorities is not necessary. however, practice shows that their presence will significantly facilitate the resolution of possible conflicts in the future.
Due to the optionality, these applications do not have an approved form, however, the mandatory information is similar to that described earlier (application to the Land Committee).
To do this, the easiest and fastest way is to hire a specialized organization. After agreeing on the project with the residents, you can proceed directly to arranging parking in the courtyard of the house.
This process completely depends on how much residents are willing to pay to purchase their own parking: you can limit yourself to two barriers, but at the same time you can lay your own covering, install security, etc. – in a word, the law does not limit residents’ preferences.
Help: In theory, organizing parking is not difficult, however, in practice this process takes quite a long time. This cannot be done without creating an initiative group from among the residents, and it is better if the members of this group have a lot of free time.
In conclusion, we can say that, despite the presence of significant paperwork and “running around” to various authorities, the end result of the process - the presence of your own local parking - justifies all the effort and money spent.
The problem of finding a parking space in the courtyard of a house is familiar to every car owner. Not all houses are equipped to accommodate specialized parking, so car owners have to leave their cars on lawns, sidewalks and along the roadway, which can lead to administrative liability.
The way out of this difficult situation is to equip your own parking space. How to carry out this procedure correctly and what is necessary for this, you will learn from the article.
Registration of an individual parking space is inextricably linked with the process of land privatization. Having a parking space, according to the law, requires leaving your car in a specially designated area. A citizen becomes the owner of a parking space after its privatization.
According to the requirements of housing legislation (Article 36 of the Housing Code of the Russian Federation), the decision to register parking spaces as private property is made at a general meeting of residents of the building. A decision is also made jointly on the need to improve parking spaces.
Such actions can only be performed by the owners of housing located in an apartment building. Citizens occupying living space under social rent conditions do not have the right to apply for a parking space.
In order to isolate their parking spaces, residents who have privatized apartments need to carry out land surveying of the adjacent area and prepare a design plan for the placement of parking.
In accordance with the provisions of Article 46 of the Housing Code of the Russian Federation, in order to make a decision on the placement of private parking spaces, it is necessary to collect more than 2/3 of the votes of home owners. At the meeting, a representative from the residents is elected, who will be involved in coordinating the project for placing parking spaces with government agencies, as well as carrying out construction work to improve the parking lot.
As part of the general meeting, resolve issues related to the maintenance of parking spaces, the possibility of renting them out, as well as the amount of fees for parking security. Record the decisions made at the general meeting in the appropriate minutes and collect the signatures of the residents who voted for the placement of the parking lot.
How to legalize a parking space near your house
According to the current legislation, homeowners also own part of the territory located next to the apartment building.
When organizing a general meeting of homeowners, it is also necessary to invite the owners of non-residential premises intended to house pharmacies, shops, cafes, beauty salons, etc. The decision to organize private parking must be made with the participation of all owners of premises located in an apartment building.
If the issue regarding the placement of a parking lot, documented in a protocol decision, is positive, provide this document to the local government authority. Accompany the decision of the general meeting with an official statement on the need to carry out the procedure for legitimizing parking spaces. Compose your appeal in any form, indicating the facts justifying the need to create a private parking lot.
The next step in legalizing the parking lot will be to contact the Rosreestr service. Request a certificate about the local area from the territorial registration service office.
To obtain this document, write an application to the Rosreestr authority and attach a certificate confirming your ownership of an apartment located in an apartment building.
After paying the state fee, present the corresponding receipt to the registration authority employee. Within a short time (no more than a week) you will be provided with the appropriate certificate.
Having collected the necessary documents (permission from the local administration, documents on housing ownership, a certificate of characteristics of the local area), submit an application to the design company to develop a plan for the placement of parking spaces. Coordinate the developed project with the local government authority.
Submit the following package of documents to the district administration:
- application from the owners of an apartment building with a request to approve the presented project;
- a project developed in accordance with the requirements of residents;
- decision of the general meeting of owners of premises of an apartment building;
- a certificate from Rosreestr about the characteristics of the local area.
If the project is approved by the local administration, contact the Rospotrebnadzor service to issue a positive conclusion for the installation of parking spaces.
In some cases, placing a parking lot will require concluding a lease agreement for a plot of land intended for parking. Citizens initiating the placement of private parking lots must be prepared for the fact that all the costs of maintaining and arranging the local area will fall on their shoulders.
What documents are needed to privatize a parking space?
The issuance of permits for the registration of parking spaces in the property is the responsibility of the local administration. Individual citizens, organized groups of homeowners, as well as the developer of an apartment building have the right to initiate such an appeal.
To register privatization for a parking space, prepare the following documents:
- permitting documents for the construction of a building (if it is necessary to legalize the territory located next to the newly built house);
- parking project approved by the local administration;
- documents on cadastral registration of the land plot of the local area;
- documents confirming ownership of housing in an apartment building;
- permission from the local government to privatize a parking space.
Submit the above documents, along with the official application, to the Rosreestr service. If all submitted documents comply with legal requirements, the registration authority will register parking spaces and enter the relevant information into a unified register.
The adjacent territory can be registered as a property only after the completed house has been put into operation and the adjacent territory has been demarcated.
To legitimize the rights of owners to the local area, authorities take into account the information contained in the cadastral registration on the presence of adjacent territories, as well as information obtained from urban planning standards.
For a positive solution to the issue of legalizing the placement of parking, it is necessary that the urban planning documentation contain information about the appropriate intended use of the local area.
If the intended purpose specified in the land management documents contradicts the creation of a parking lot on the territory adjacent to the house, work will have to be done to change the type of use of the adjacent area.
The list of documents required to allocate a parking space may differ depending on the region or locality. Since certain requirements for the use of local areas are enshrined in local regulations.
In this regard, when initiating the process of registering land plots located next to an apartment building, check all the requirements with the local administration.
If the issue is considered positively, the local government body or the council of deputies will send you an appropriate response. The period for consideration of applications for the allocation of plots of adjacent territory is 30 days. In case of refusal to provide a parking space, the authorized body is obliged to give a reasoned explanation on the basis of which this decision was made.
Grounds for refusal to provide ownership of parking spaces:
- the presence of erroneous information in the project documentation (the rules for unhindered entry into the local area are violated, the boundaries of the site affect the territory of a neighboring apartment building, etc.);
- non-compliance of design documentation with urban planning standards.
In some situations, the parking design must be agreed upon with the Rospotrebnadzor department and the Ministry of Emergency Situations. The need for these actions will be advised to you by the municipal administration or the council of deputies.
After receiving official permission to place parking spaces, work on organizing the construction of a parking lot. Discuss the choice of a contractor at a general meeting of owners of the premises of an apartment building.
Norms and rules for creating parking spaces near an apartment building
The placement of a parking lot in the local area must meet certain requirements:
- comply with fire safety standards (presence of fences made of fire-resistant materials, emergency escape routes, etc.);
- availability of road access to the road junction (only for parking lots with more than 100 spaces);
- comply with sanitary standards (the distance from the parking lot to the residential building is at least 10 meters and 25 meters from socially significant objects).
Parking for more than 50 cars must be located at least 50 meters from residential buildings and social infrastructure. Moreover, according to sanitary requirements, such a parking lot must be closed. A parking lot that accommodates more than 500 vehicles is prohibited from being located in a residential area.
Numerous hostilities between neighbors based on incorrect and illegal parking completely change the attitude of the residents of the house towards each other. Therefore, these disputes often end in litigation.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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But if residents of multi-storey buildings knew about the existing laws, then they would not have to endure exhaust fumes for a long time, listen to the loud sound of car alarms blaring in the early morning, the sound of a motor, and, in the end, waste their nerves on daily proceedings.
Who is responsible for off-street parking?
- prohibits the construction of organized or unauthorized parking at a distance of less than 10 meters from a residential area, Table. 7.1.1;
- It is not allowed to park a truck within a radius of 50 m from the premises, except for commercial vehicles;
- You are not allowed to stay near the house with the engine running for more than 5 minutes;
It is prohibited to enter the landscaped area around the house, including a children's playground, sidewalk in the yard, lawn, fence. An offense will result in a fine, the amount of which will depend on the region;- You cannot leave your vehicle in the yard when turning, become the second row, or hit the curb.
How to do it legally
Legal parking near your housing complex is quite possible, although its organization will require quite a long time and investment of money. Financial investments will be quite moderate if more than one vehicle owner is involved in the investment.
And the availability of all the necessary permits will ensure the business progresses quickly. In accordance with the law, all owners of an apartment building own part of the land that is adjacent to the house.
If there are shops, pharmacies or other organizations in the house, their owners should be invited to the meeting, because without their presence, it will be difficult to achieve a general compromise.
When organizing parking, you need to consider the following main points:
- An apartment building should be legalized, that is, private property (apartment) should be privatized and the site should be marked;
- parking must be commensurate with the residential complex (no more than 50 spaces), in which a space must be allocated for the disabled;
- the issue of the number of places for disabled people is decided by local government;
- after reaching a compromise between the neighbors, the preliminary parking plan drawn up by the design organization, the cadastral certificate and the application should be sent to the local improvement department for consideration, as well as the traffic police;
- the application is written in free form, which justifies the need to organize parking spaces;
- documents are submitted in one complete package. This step is an integral part of the process, because higher authorities must comply with the projection regarding technical standards;
- the decision of the territorial administration can be either positive or negative. If approved, final approval from Rospotrebnadzor together with engineering services will be required;
- the question may also arise about the need to conclude a lease agreement for land in the absence of rights to part of the local area;
- Do not forget that parking near the building may be prohibited by the decision of the residents, therefore, the adjacent area will be a free space.
Traffic regulations requirements
Traffic rules are the fundamental law for the owner of any type of transport, and therefore must be followed both on the road and in the courtyard area.
Table 1. Fines for non-compliance with traffic rules.
Art. Code of Administrative Offenses of the Russian Federation Type of violation Tax amount Failure to comply with the standards established by signs or road markings prohibiting the suspension or parking of vehicles. 1,500 rubles Other parking offenses Penalty up to 5,000 rubles. + evacuation 12.16 p.2 Illegal U-turn in violation of the requirements, signs or indicators of the roadway Collection from 1000 to 1500 rubles. 12.19 p.2 stopping or parking in places designated for temporary stopping or parking of cars of disabled people The fine is 5000 rubles. + evacuation 12.19 hours 3 -6 Stopping or parking a car on a pedestrian area, with the exception of a forced delay, or the offense of temporarily parking a car on the sidewalk, causing an obstacle to the movement of pedestrians Penalty 1,000 rub. (for autonomous cities 3,000 rubles 12.19 hours 3-5 Other offenses of stopping and parking a car Warning notice or penalty of 1,000 rubles (for the largest districts 2,500 rubles) Exceeding the noise level or toxicity of the machine Warning or fine 500 rubles Part 1-2 Failure to comply with the rules established for the movement of cars in residential areas Punishment 1500 rub. Where to complain
Obstruction of personal transport passages and pedestrian areas is a real problem of the 21st century, therefore lawyers recommend creating written applications for car owners to the traffic police.
Residents of the houses have the legal right to the sanitary inspection, fire service, environmental organization, as well as the district engineering service.
Sanitary standards
Regular conflicts arise due to the lack of at least a unified position in regulations and laws regarding parking rules.
The leading document that guides the regulation of parking area development standards in 2020 is sanitary standards No. 2.2 1/2. 1/1. 1200-03.
According to this document, it follows:
- The distance from the residential area to the parking area is at least 10 meters.
- Open parking for up to 50 cars is permitted subject to the conditions of the Sanitary and Epidemiological Supervision Service and the elements of improvement of local areas, taking into account the total area.
Table 2. Determination of the distance from the walls of buildings to the parking lot.
Defined structures Permissible distance in meters for a certain number of vehicles Site capacity 10 and below 10 -50 50 -100 100-300 300 + Residential buildings, including the ends of buildings without window openings 10++) 15 10++) 25 35 35 Public buildings 10++) 10++) 15 25 25 Medical institutions (open, closed), places for recreation 25 50 +) +) +) Preschool institutions, secondary schools 15 25 25 50 +) +) the permissible distance is determined by the State sanitary inspection authorities;
++) for structures with III-IV type of fire resistance, the distance is supposed to be at least 12 meters.Arrangement
The arrangement of parking lots requires the presence of all the necessary paraphernalia for the safety of pedestrians and vehicle owners.
Horizontal marking includes proper application of:
- parking markings;
- direction arrows;
- numbering;
- center lines;
- individual elements.
A professional approach and taking into account important factors, including small details, will allow you to delimit the common territory as efficiently as possible, while significantly increasing the number of parking spaces:
- Sign installation consists of installing traffic signs.
- Installation of metal posts.
- Flexible rubber posts.
Parking spaces in the local area are a headache for many residents of multi-storey buildings. Car enthusiasts prefer to park their vehicles closer to the entrance in order to keep an eye on them from the apartment window. Citizens who live on the lower floors and do not have their own cars do not want to breathe exhaust fumes, listen to loud alarms and the sounds of the engine starting. In addition, cars interfere with the passage of ambulance and fire services. Therefore, parking rules in yards are vital for both residents and car owners.
Privatization of the local area
Before organizing car parking, the local area should be privatized, because without this, all buildings are considered unauthorized, violating the rights of residents, and they need to be demolished. You can privatize if you have a cadastral number of a land plot that was previously registered in the cadastral register.
In accordance with Housing Code the land next to the building can be registered as private property. The owner of this territory is organizing parking in the yard and collecting funds for this from residents of apartment buildings. At the general meeting, the organization of parking in this area is decided by voting. Maintenance of parking in the yard is also the responsibility of the owners of the local area.
Any person living in the building can be the owner of the site. To approve it in this status, you need to gather the residents and appoint a responsible person. In order to organize all this, a long time is needed. Before registering privatization, you must provide the following documents:
- an act with the consent of at least 2/3 of the apartment owners;
- registration certificate for housing.
The disadvantage of privatization is that taxes must be paid every year. The advantage of this procedure is the possibility of increasing the number of places. To arrange parking in a residential area, the responsible person must contact the municipal authorities. Another plus of privatization is the assignment of a parking space to each apartment owner and the organization of a personal parking schedule.
Sanitary and legislative standards
In accordance with the law, car owners can park their cars directly in the courtyard of their house; there is no obligation to park vehicles in paid parking lots or in personal garages. But besides this, there are sanitary standards that everyone must comply with before making a parking lot. All residents who have their cars parked under their windows have the right to be indignant at this, because the gas emissions and excessive noise generated in the process contradict the norms and rules of parking in the local area of an apartment building.
All car owners must not block the access roads to the house, because in such cases there is no passage for emergency services, which violates the rights of residents and will result in a complaint to the Criminal Code. For example, if there is a fire in a building, a fire truck will not be able to arrive and unload the necessary equipment to eliminate the emergency. You can put yourself in the position of both car owners and residents of an apartment building. Therefore, an agreement on parking rules with compliance with the law and sanitary standards is necessary for everyone.
The main requirements for parking in a residential area are the following:
- when parking near the entrance of up to ten cars, the parking lot should be located at a distance of ten meters from the windows;
- When parking near the entrance of up to fifty cars in the local area, the parking lot is located in accordance with the requirements of the Sanitary and Epidemiological Supervision Authority.
When building houses today, parking spaces are included in the project even before work begins. With this approach, parking lots are organized in accordance with all construction and sanitary standards, which protects the rights of residents. But in reality, many old houses do not have such parking lots, so many car owners are looking for places where they can safely park their car. If the yard is small, then the situation becomes much more complicated, to the point where it is impossible to establish a parking lot for a car.
Parking in the yard
If there is no parking in the courtyard of a residential building, motorists act independently, at their own discretion. After all, along with current standards and laws, there are also regional norms that are approved in a specific area. Therefore, you need to clarify the question of how to legalize a parking space in the yard and current standards for your city. When car owners adhere to existing laws, conflict situations with housemates are still possible. It’s good that when claims are made verbally, there are cases of damage to personal property.
There are also requirements for organizing parking on the adjacent territory in a residential area in Traffic rules. This legislative act specifies not only the responsibilities of drivers on the road, but also the rules for driving through the local area of an apartment building and parking. The traffic rules also contain categorical prohibitions:
- it is prohibited to leave freight vehicles (more than 3.5 tons) in the courtyards of apartment buildings;
- It is prohibited to stand near a residential building with the engine running;
- You cannot park your car in pedestrian traffic areas; parking on the sidewalk in the yard is prohibited.
There are also some additions to all the above points to solve the problem of how to legalize a parking space near houses. In certain adjacent areas there may be special signs that allow parking of multi-ton trucks or ordinary cars on sidewalks and in courtyards. In such cases, the established sign takes precedence over the traffic rules.
Many people are interested in the question of how long a car can sit with the engine running. This is important, because often many drivers drop off or pick up passengers near the entrance in the courtyard of their house. At the same time, stopping the engine for a few minutes when the driver is parking is inconvenient. The legislation precisely regulates this time - no more than five minutes. But there are exceptions to all rules. If passengers were unable to board within the allotted time, then this is permissible according to the law, and they will not be fined.
It is strictly forbidden to block the passage. In addition, there is a ban on illegal parking, in which people willfully occupy the local area for self-made parking for personal cars, because this can only be done by emergency intelligence services at the time of eliminating emergency incidents. It is prohibited to park a vehicle near garbage sites, interfering with the access of garbage collection vehicles. The distance to them must be maintained at least five meters, otherwise it is unauthorized capture.
Penalties
Violators of current sanitary standards and traffic rules are subject to liability when residents complain about them. In 2017, penalties were established that are quite lenient for car owners who violate the established procedure. They are only in danger of getting small fines up to 2 thousand rubles. You can find out the exact amount for violating parking rules on the Internet according to your region of residence.
A little about where to complain about illegal parking. You need to call law enforcement yourself to confirm violations. Police officers or traffic police almost never check courtyard areas to detect crimes. When they arrive when called, they draw up a protocol, and after confirming the fact of a violation, they impose a fine in accordance with the Code of Administrative Offences.
Authorized residents of housing complexes and other organizations can also call police officers. For example, when a car blocks access roads, emergency services cannot enter the place. In this case, they have the right to demand that the car be removed from the driveway. If the car owner does not comply with legitimate requests, then the towing service is called. This helps answer the question of how to deal with illegal parking.
Another feature is that a fine can be issued not only by a police officer, but also by representatives of the fire inspectorate if a car blocks the passage to an apartment building. Indeed, in such a situation, it is impossible to take the necessary actions to extinguish the fire.
How to avoid a fine
Penalties can be easily prevented; to do this, you only need to fence it off with an emergency sign and turn on the appropriate beacons before an unauthorized stop of the car in the yard. It is not worth taking such actions a lot and often, because the traffic police inspector, who was called by indignant neighbors, can easily determine whether such a stop was justified. With this development of events, we can say that a breakdown occurred or health suddenly deteriorated, referring to clause 2.7 of the traffic rules. But if fraud is detected, he will definitely issue a fine.
Another nuance is the difference between stopping and parking in the yard near the house. A stop is a deliberate cessation of traffic for less than five minutes; the grounds for it are completely unimportant; it does not violate the rights of residents. If you are confident that no one can confirm the stop time, you can confidently designate it with this term. Also called a stop is the cessation of movement to unload or load passengers. In this case, its duration does not matter. But this method of dealing with fines is only suitable for short-term parking.
Residents of apartment buildings are outraged by parking in the local area on grassy lawns. But in legislative acts there is no such definition as “lawn”, so in practice you can only be held responsible for the fact that the vegetation is damaged or if the lawn is recognized as such by self-government bodies. When asked what the fine is for illegal parking on the sidewalk, the answer is ambiguous. In the capital - 5 thousand rubles, in the regions - from 1 thousand rubles.
According to Article 7.1 of the Code of Administrative Offenses you can ignore all the requirements for the construction of barriers and self-made parking by residents of an apartment building when self-occupation of the yard space occurs. For the construction of parking lots, a resolution and consent of the meeting of apartment owners is required, after which the construction must be approved and registered in the local municipality.
A little about where to go to check the accuracy of the imposed penalty. This should be done on the State Services website. Soon fines will be monitored in a single traffic police database. Therefore, when receiving a receipt, it is necessary to check the payment details on the official portals of the road inspection. When no tricks helped and a penalty was imposed, then you need to repay the debt within twenty days, because in such a situation you are entitled to a 50 percent discount, which is quite significant for your wallet.
Why are there rules?
The current parking rules in the courtyards of residential buildings were established to make living in modern multi-story buildings easier. Subject to compliance with all sanitary standards and current laws, the emergence of controversial situations between the administration, management companies and residents when the question arises of how to organize parking in the courtyard of an apartment building.
It is good and comfortable for everyone when each yard has a parking lot for 10-50 cars, which depends on the size of the building and the number of residents. But in practice, many citizens have no choice but to park their cars at their own peril and risk. If it is impossible to arrange a parking space in the yard for your car, you should think about the safety of the vehicle and rent a space in a paid parking lot.
According to the law, it is possible to install fences and barriers in courtyards that regulate the passage of cars. This is also done in order to preserve the parking spaces in the local area intact, because they can be occupied by residents of neighboring houses, and it is problematic to complain about them. But the installation of a barrier must be agreed with the administration, otherwise it is illegal and will be illegal. Also, you cannot collect funds for utility bills for its purchase and maintenance. The owners provide the money in equal parts.
New bill
Party functionary Sergei Mironov from A Just Russia introduced to parliament a bill on parking in the courtyards of residential buildings. The law has not yet been fully finalized, since it is unclear how it will be applied in old buildings that do not have sufficient area to accommodate parking.
The developments of parliamentarians are as follows:
- Organized parking spaces will be distributed depending on the square footage of the apartment. If there is a regular room, one separate room is allocated one parking space. If the owner owns an area of more than 50 square meters, then he will be provided with two places;
- when creating a project for a new house for guests, forty places are planned, when no more than a thousand residents will live in a multi-story building. If this number is doubled, then eighty places will be built.
The bill is not yet entirely flawless, since quite large families who own several cars live on a small number of square meters in the country. Therefore, they will have to park their redundant car in other places, and the parking lots near the entrance may be empty. Because of this, quarrels and disputes may arise between neighbors during illegal seizure of parking spaces in their yards, but a way out can be found through agreement and agreements among residents.
Parliamentarians also proposed a law that would establish new rules in paid parking lots for residents near residents. So, at night they should function as free for everyone who wants to use them, in particular residents living nearby. The control and regulation of the implementation of this law will be carried out by local administrations, which will organize a special list that will take into account all parking lots in the city, in particular, those located in the adjacent areas of apartment buildings.