09.07.2018, 12:05 61222 0 Assembly of Motorists

Parking near the house is a topic that can be discussed endlessly. It’s good when there is a place in the underground parking, in the parking lot near the house or near the cottage. In this case there are no problems.

This is all good, of course, but for most drivers, parking in the courtyard of a house is sometimes a task with many unknowns, especially when it comes to residential areas in large cities with houses without parking or in areas of old buildings, for example, in the center of Moscow or St. -Petersburg. In a word, about places where there is a shortage of free space, and the parking itself turns into a real puzzle similar to Tetris.

To be fair, it should be noted that State Duma deputies are discussing the adoption of a new law on parking in the courtyard of an apartment building, which would streamline the relevant issues. There is talk that it will be possible to privatize parking spaces, organize small private parking lots, and that parking a car in the courtyard of a house will become paid. However, many experts doubt that all the measures being discussed will fundamentally solve the existing problem...

What parking rules apply in the courtyards of residential buildings in 2018?

The main legislative acts regulating this area are Sanitary Norms and Rules - SanPin and Traffic Rules - Traffic Regulations.

In principle, all the rules for parking in the courtyards of residential buildings are quite logical. If you strictly follow them, you can avoid problems with residents of the lower floors and fines.

Parking rules in the yard

You can often see a picture where, with a lack of free space on the sidewalk and the absence of a lawn fencing, cars take advantage of it. In this case, you need to be prepared for a fine, which will be issued by a traffic police officer upon a call from neighbors who are “not indifferent” to nature.

Some motorists believe that this legal requirement does not apply to the winter period, when snow falls and the border of green spaces becomes invisible. They are partly right, but you need to understand that in addition to the traffic police, there are also sanitary services that can punish you for parking next to the windows.

2. You cannot leave your car near garbage containers.

This is a logical rule, because if a car is parked near garbage cans, it will greatly complicate the work of public utilities. The minimum distance to containers must be at least five meters. Moreover, the car should be positioned in such a way as not to impede the access of garbage collection vehicles. In addition, parking near garbage cans always outrages the residents of the house, who are not shy about their means of influencing a careless driver.

In any case, parking near garbage containers will cost the driver from two to five thousand rubles.

Rules regulate time continuously running engine when stopping the car in the yard - no more than five minutes. This means that you can only stop to board or disembark passengers and to load or unload cargo. This rule is especially relevant in winter, when low air temperatures force motorists to warm up the engine in the morning.

As a result, the yard is filled with the noise of running engines and clouds of exhaust gases, which naturally causes dissatisfaction among residents and calls to the traffic police with complaints. For this violation, a fine of 3 thousand rubles is provided for large cities and 1.5 thousand for other populated areas.

Traffic regulations also prohibit parking in the courtyards of residential buildings and in other places on sidewalks. True, with the caveat that if the distance for pedestrians to pass is left less than two meters. This is also a logical rule, because pedestrians also need space.

Violation of this rule entails a fine of 2 thousand rubles and may even lead to evacuation, for which the car owner will also have to pay.

5. Obstruction of the passage

One of the most common and unpleasant violations of parking rules in the courtyard of an apartment building is blocking the passage, which in turn turns into a huge problem both for other drivers and for special vehicles: ambulances, firefighters, rescuers, gas service, water utility and others.

It is difficult to name the exact amount of the fine for this violation. Everything depends on the current situation and is regulated by the Code of Administrative Offenses of the Russian Federation.

In conditions of fierce competition for free spaces, especially “smart” drivers set up personal parking spaces near their home, and often right next to the entrance to their entrance. Various auxiliary materials are used, but most often civilization comes to their aid in the form of special parking fences with locks.

However, when arranging your own personal parking space, you must understand that this is a violation, for which a fine of 5 thousand rubles is provided.

The rules provide for parking spaces for ten cars no closer than ten meters from the house, so if you park your car close to the wall or right under the windows, get ready for a fine. Drivers of trucks and other cargo vehicles will also be fined. For vehicles over 3.5 tons there are parking lots.

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 outcome of 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 a residential building 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.

Guest parking can be arranged in the courtyard of an apartment building, but it cannot be used in any other way, including for permanent parking of residents’ cars. This was pointed out by the Supreme Court of the Russian Federation when considering the question of whether it is, in principle, possible to arrange such a parking lot under the windows of a residential building ().

The fact is that sanitary legislation allows this. According to this, guest parking in courtyards is allowed, but any parking other than guest parking is not.

The citizen tried to challenge these provisions of SanPin because:

• in fact, in the adjacent areas, the most ordinary parking lots are organized under the guise of “guest parking”, and using this “cover”, of course, no one observes the prescribed sanitary gaps from parking lots to the facades of the house, children's, sports and playgrounds. And since these gaps are not met, then - logically - the hygienic requirements for the quality of atmospheric air and the noise level in the residential area are not met;
• and therefore, the presence of a parking lot in the courtyard of the house - even with the status of "guest" - violates the rights of the inhabitants of nearby houses to a favorable living environment (Article 8 of the Federal Law of March 30, 1999 No. 52-FZ ""), the factors of which do not have a harmful effect on humans;
• and also violates the right to a favorable environment and its protection from negative impacts caused by economic and other activities (clause 1 of Article 11 of the Federal Law of January 10, 2002 No. 7-FZ " ");
• finally, it reduces the anti-terrorism protection of residential apartment buildings and citizens living in them, and therefore the controversial provisions of SanPin conflict with the requirements of Federal Law No. 35-FZ of March 6, 2006 "".

The Supreme Court of the Russian Federation, considering the case in the first instance, rejected the administrative claimant (). In concise and brief formulations, the Supreme Court of the Russian Federation explained that the disputed provisions of SanPin do not contradict acts that have higher legal force, were adopted by the Chief State Sanitary Doctor of the Russian Federation within the limits of their competence, the rules for the preparation and state registration of the controversial act were observed. And he didn’t add anything about how to establish a balance between the thirst for silence and clean air, on the one hand, and the need to park citizens’ cars, on the other.

The administrative plaintiff was not satisfied with this decision, and he filed an appeal.

This time, the three judges of the Supreme Court of the Russian Federation again rejected the plaintiff, for the same reasons: guest parking in the local area of ​​​​the apartment building is permitted by sanitary legislation, and there is no contradiction with other federal acts.

However, this time the argument was also considered that, in fact, the status of “guest” is given to the most banal “own” parking lot, where residents of the house park from evening to evening.

So, the practice of permanent parking of residents' cars - the RF Armed Forces directly stated - is in itself a violation of the provisions of the Sanitary Rules.

Thus, the proponents of the idea of ​​a “yard without cars” have a wonderful trump card in their hands: with persistence and persistence, relying on the legal position of the RF Armed Forces, they can prove that the so-called “guest” parking lot is constantly used not by guests, but by residents of the city itself. Houses. This fact, in turn, is the basis for holding residents (and, possibly, the management company of the apartment building) liable for or. And although this threatens to increase social tension and the risk of local “parking” wars, the tactic of “clearing” yards of cars helps improve urban policy in general.

Parking a car is required in accordance with the established list of rules and regulations. Any violations in this area may result in liability and penalties. There are several legislative acts that regulate all the main issues related to parking spaces in the courtyard of a residential building. Additionally, on January 1, 2020, a new order of the Ministry of Transport comes into force, tightening the requirements for commercial transport. The rules must be followed by all persons, since violations lead to a large number of negative consequences.

The placement of vehicles in yards is regulated by several acts and laws. Among them:

• , which indicates the need to comply with a number of norms and rules of a sanitary and epidemiological nature;
• SanPiN 2.2.1/2.1.1.1200-03 on sanitary protection zones and similar facilities;
• , establishing the procedure for privatization of a parking space and other issues related to it;
• , in particular .

All rules and regulations are established at the federal level using the specified regulatory framework. But it is also worth considering regional acts, which can supplement basic federal laws with recommendations and regulations.

Sanitary standards define all the main points related to the placement of vehicles and the behavior of car owners. List of rules:

• parking for 10 vehicles must be at least 10 meters away from the parking bay;
• when placing 50 vehicles, full compliance with all regulations and the arrangement of a special site, which will be located 15 meters from the residential property, is required;
• if there are from 51 to 100 vehicles, then the interval is increased to 25 meters;
• if there are 101-300 cars, the distance cannot be less than 35 meters from a residential building.

If the space exceeds 300 units, the object should not be located closer than 50 meters.

Important! To arrange a parking lot, it is necessary to privatize the adjacent territory to homeowners. At the same time, the consent of at least 75% of the residents is required, as well as the collection of all necessary documentation. If these requirements are not taken into account, the construction of a parking lot will be illegal.

If some owners in the form of residents are against the creation of parking spaces, then you can file a properly filed complaint with one of the government agencies:

• environmental service;
• sanitary or fire inspection;
• regional engineering service.

When constructing a facility and forming a local area, developers are recommended to immediately determine a location for parking spaces. This point needs to be considered at the stage of creating the plan.

For owners who purchase real estate, it is recommended, if necessary, to first verify the availability of parking spaces before purchasing the living space.

Fines for illegal parking in the yard

Incorrect parking is a violation, since the regulations also include traffic rules, and leads to a fine. Basic moments

• The vehicle, if the engine is running, can stand for no more than 5 minutes. This time is considered sufficient for disembarking a passenger or unloading a car. A similar option would be to warm up the engine. Depending on the locality, the fine can vary between 1500-3000 rubles. But only a traffic police officer can issue it;
• a heavy vehicle weighing more than 3.5 tons cannot be parked in the yard, since there are special areas and parking lots for such vehicles. A fine is issued in the amount of 1500-3000 rubles;
• Parking a car on the sidewalk is prohibited. Such an offense can lead to a fine of 2,000 rubles and the towing of the car. At the same time, you will have to pay for a tow truck in the future. This is established in a number of acts, including paragraph 3;
• if passage is obstructed, including for special vehicles, the fine varies from 2,000 to 3,000 rubles. It is installed by the inspector depending on the danger that has arisen;
• Parking closer than 5 meters to garbage cans is prohibited, as this prevents utility services from carrying out work. The sanction will be imposed depending on the specific situation. The fine amount is 2-5 thousand rubles.

It is worth considering that if there is a lack of space and parking on the local lawn, owners can contact the relevant authorities to bring the driver to justice.

On a note! Fines may vary depending on the region, as well as the category of owner. For example, an official, like a legal entity, has a large fine.

If an official does not allow special transport in the form of a fire truck or ambulance to pass, then he will have to pay up to 10,000, and to a legal entity up to 150,000 rubles.

You also need to remember that in cities of federal significance, in particular St. Petersburg and Moscow, fines are higher.

In order for a fine to be issued, it is not necessary for a traffic police officer to appear, since violations are often recorded using video and photographs. In practice this happens as follows:

A witness to the violation records it and reports it to the traffic police. Next, the sent files or special clamps are viewed, if they are available in that yard. The violator receives a fine. If there is a danger to others, then immediately after the message a patrol is sent to the place, which is already sorted out on the spot and, if necessary, evacuates the car.

Where to complain about parking violations in courtyards

Where to complain depends on the type of violation. If sanitary standards are not met, you can contact:

• fire or sanitary inspection;
• engineering or environmental services;
• house management, if available.

In case of violation of traffic rules, the application is made to the traffic police. This can be done by calling, coming in person, or uploading materials recording the crime to a special portal.

Illegal parking must be recorded. For this reason, a standard procedure has been established:

• the violation is recorded using photos or videos;
• the traffic police inspector is called;
• All materials are transferred, as well as, if possible, the details of the offender and the license plate number of the vehicle.

If there are several violators, then materials will be required for each car separately.

You need to remember that if fire safety rules are violated, a fire inspector can also issue a fine. Such cases are common if it is not possible to get to the source of the fire due to improperly positioned vehicles.

Important! The management company that deals with public utilities can independently report violations to the authorities. In particular, when vehicles are close to containers and it is impossible to carry out waste collection activities.

What to do if your car is blocked/locked in the yard

Closing a passage or blocking a car is a violation provided for in. The fine in ordinary regions can reach 2 thousand, and in federal cities - 3,000 rubles.

If there is no driver’s license plate number and he himself is missing, then you need to take a photo of the violation and then report it to the traffic police. An inspector will come to the scene, issue a fine for the owner and, if necessary, call a tow truck.

How to organize parking in the local area

The organization of parking spaces begins with a meeting of residents and approval of the corresponding decision with the consent of at least 75% of the owners. Further procedure:

• appointment of an initiative group that will deal with the process;
• collection of documents;
• if necessary, contact the HOA. An example would be two houses next to a common yard;
• transfer of documents to local authorities.

After the process is completed, you need to wait for a decision. If it is positive, then the parking lot is equipped according to the required criteria.

Attention! There must be a suitable area in the local area. If it is not there, parking will not be approved. For example, instead of a children's playground, the authorities will not allow parking areas for cars.

Where to get permission

First of all, you will need to contact the district department that deals with land resources and land management. In a municipality this could be a committee or a department. If permission has been received from the department, then you should submit the documents to the traffic police and the architecture committee.

It is worth considering that all appeals have a written form in the form of an application indicating data on the HOA, the applicant and the local area. Additionally, upon the first application, a request for the allocation of a plot of land is indicated.

Developing a plan will require the services of a specialist. The project will have a plan for the local area with a designated parking space. Construction begins only when the project is agreed upon with the owners.

Places for disabled people have their own characteristics, in particular, they are marked with a special sign, as well as a platform width of at least 3.5 meters. This requirement must be complied with to ensure that there is no interference for a person with disabilities or reduced maneuverability.

Preparation of necessary documentation

The collection of documents begins with the minutes of the general meeting. All residents who were present and agree with the decision must sign it. Additionally, consent will need to be obtained from persons who were absent.

After this, you need to obtain a certificate about the composition of the local area. It is issued at the inventory department or at the local municipality.

In the future, the bearer will need to have with him personal documents and the data specified in the general application.

According to the law, the placement of vehicles in the courtyard of a residential building must fully comply with traffic rules and sanitary standards. If there are violations, a fine is issued to the owner. Additionally, it is necessary to take into account that for permanent parking of cars, a parking lot is required, which has been registered in accordance with all the rules.

The number of cars on Russian roads is growing year by year, but this means there are no more parking spaces. Residents of older buildings, where parking was not architecturally designed, suffer especially. Therefore, parking rules in the courtyards of residential buildings are of particular importance, the proper application of which makes life easier not only for car owners, but also for all residents of the house.

Why are parking rules necessary?

The need for legislative regulation of parking rules in the courtyards of residential buildings is due to a number of factors. Among them are several:

1. Obstruction to passage. Trying to park the car closer to the entrance, motorists break all possible rules. Cars park crookedly, climbing onto the roadway. These protruding cars interfere with the normal passage of large special equipment: garbage trucks, snow graders, ambulances, fire trucks. The consequences of such actions can be sad.
2. Reduced functionality of the local area. All vacant areas outside of multi-family residential buildings are designated for specific purposes. Some areas are flower beds, sidewalks or lawns. Others are reserved for children's or sports grounds. If these territories are occupied by cars, the rights of other residents of the house are violated, dirt is spread throughout the yard, its aesthetic appearance is spoiled, which sooner or later will lead to conflict.
3. Disputes and fights over parking spaces. Wanting to park the car conveniently for himself, modern man throws away civilization and is ready to defend the parking spot with his fists and shouts. There are often cases when car owners started fights, swore obscenely, damaged each other’s property, etc. The result of such antics can be a report to the police, administrative or criminal punishment.

Parking laws

The role of the main regulation of parking rules in the courtyards of residential buildings is played by several legislative and regulatory acts:

1. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 25, 2007 No. 74. Determines the standards for the location of parking lots away from the windows of a residential building. The distance varies from 10 to 50 m depending on the number of parking spaces.
2. Decree of the Government of the Russian Federation dated October 23, 1993 No. 1090 “On Traffic Rules.” Determines which driver actions are prohibited in a residential area. These include through traffic, training driving, parking with the engine running, as well as trucks with a permissible maximum weight of more than 3.5 tons.

In addition, legislative initiatives related to improving the parking situation are constantly being submitted to the State Duma. For example, a bill from one of the parties provides:

• provision of a certain number of parking spaces depending on the size of the total area of ​​the apartment;
• construction of a special guest parking lot, the number of spaces of which will be determined based on the total number of residents in the apartment building.

Important! Similar initiatives concern new buildings and housing under construction. For residents of old buildings, it is possible to use paid parking, which will be free for local residents at night.

Administrative punishment

In addition to the fact that an incorrectly parked car can become a victim of angry neighbors, the car owner may be issued an administrative fine for parking near the house:

1. Closing passage to other vehicles (Article 12.19, Part 4 of the Code of Administrative Offenses) – 2,000 rubles.
2. A car parked on the sidewalk in an area where there are no special permit signs or signs (Clause 3, Article 12.19 of the Administrative Code) – 1000 rubles.
3. Installation of a parking space barrier – 5,000 rubles.
4. Parking a car at a distance of less than 5 m from garbage cans located in the courtyard of a residential building - 5,000 rubles.

Healthy! Regional legislation, unlike the Code of Administrative Offences, provides for fines for parking on lawns. In federal cities, the amount of punishment can vary from 3,000 to 5,000 rubles.

How to deal with offenders

Automobile drivers who park their cars in the wrong places seriously ruin the lives of other residents of apartment buildings. Neighbors fight such individuals in different ways:

1. Dousing the car with various liquids (paint, kefir, adhesives, etc.).
2. Placing special stickers on the windshield or other parts of the car.
3. Obstructing the exit route in various ways (chaining, parking other cars, preventing exit, etc.).
4. Physical impact on the car owner.

It is important to understand that such methods of struggle are illegal and threaten the fighters for justice themselves with administrative or criminal liability. Therefore, it is necessary to apply legal options for punishing violators:

1. Record the offense using available video or photographic means (mobile phones, cameras, video cameras).
2. Transfer of materials to the nearest traffic police department.

Recently, many websites from human rights activists have appeared, where concerned citizens can post evidence of violations of the rules for parking a car near their house. The main thing is that the photo or video clearly shows:

• vehicle registration number;
• date of shooting;
• the offense itself.

In addition to the traffic police, materials on which an offense is recorded can be transferred to the following authorities:

• fire inspection;
• environmental service of the populated city;
• district/city engineering service.

The lack of parking spaces is gradually becoming a serious social problem. To solve it, it is not enough just to comply with parking rules. It is necessary to use legislative resources to expand the automobile infrastructure, as well as resolve issues with paid parking near residential buildings.