Parking in local areas is a solution to the problem at the municipal level

If you are just thinking about buying an apartment, consider only offers with large parking pockets and underground parking. In some regions, authorities recommended large construction companies to install extensive underground parking. For example, the latest news says that builders from Krasnoyarsk received such letters of recommendation. In addition, a number of regions have introduced their own rules for the design of neighborhoods, which developers must comply with. What the traffic rules say about parking on the territory near a residential building Every driver of a vehicle must obey the traffic rules - this is the basic law for motorists, which must be observed not only while driving, but also in parking areas near an apartment building.

Parking in the local area of ​​an apartment building

Despite the fact that today in many courtyards there are no parking spaces at all, for all car owners there are still certain rules according to which it is not allowed:

• Long-term parking of vehicles with the engine running;
• Parking of vehicles weighing over 3.5 tons on the territory of an apartment building;
• Block the passage of vehicles in the yard;
• Parking five meters or less from the trash can;
• Parking on pedestrian paths, crossings, sidewalks, lawns.

Violation of these prohibitions not only causes disputes with residents, but can also lead to administrative liability in the form of a fine and forced towing of the vehicle. Violating parking rules is a violation of the law, so you should know all the nuances so as not to have conflicts with neighbors or government agencies.

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:

1. The distance from the residential area to the parking area is at least 10 meters.
2. 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.

Parking spaces in the courtyards of apartment buildings: standards

Important

They will definitely have to hire lawyers and collect signatures in favor of parking. 2/3 of all owners must vote for the arrangement of places for cars. After collecting all the documents, they will need to contact the district administration.

Info

The land allocation process can take many years, so be patient. Vehicle owners should remember that sanitary standards are also a law that must be followed by everyone living in a high-rise building. Violations of sanitary standards by motorists may entail consequences if apartment owners write complaints to the following regulatory services:

• fire inspection;
• district engineering service;
• sanitary inspection;
• environmental service.

In 2020, developers must comply with sanitary standards when designing residential areas.

Illegal parking

In the event that a created site violates one of the following rules, it is spontaneous (illegal):

• When its presence is contrary to sanitary standards;
• If she violates the current traffic rules.

In reality, illegal parking involves leaving personal vehicles in the wrong place, which is a fairly common problem.

In some cases, special fencing posts may be placed in public parking lots, thereby separating car spaces.

Based on practice, there are many ways to combat such illegal parking, depending on the situation.

How to deal with illegal parking in the yard? Watch the video:

In total, the following methods are used:

1. An independent solution to such a problem and an attempt to reach an agreement “peacefully”. If it is impossible to reach a compromise, some resort to using heavy equipment. When the territory has been illegally fenced, posts and other elements are removed with its help. This forceful method works on some, while others try to protect “their” space even more. Often the war for parking spaces between motorists continues for a long time;
2. Another way is for residents to contact the Housing Authority. In this case, their employees will be required to consider the appeal within 30 days, as well as eliminate the illegal structure;
3. The next option is to contact the city or district administration.
   The competence of local authorities includes the removal of unauthorized installations by motorists. In addition, when a land plot is owned by the state, its squatting will entail a fine, which for individuals amounts to up to 1 thousand rubles, for officials up to 2 thousand, and for legal entities up to 20 thousand;
4. In case of damage to the road surface or deliberate obstruction of traffic, it is recommended to contact the traffic police directly. Thus, ordinary citizens are entitled to a fine of up to 10 thousand rubles, officials up to 25 thousand, but legal entities up to 300 thousand.

Parking in the yards

Attention

Hello, my name is Oleg. Situation: paved parking lot near the house, part of the local area. The main character is a woman, a resident of the house, who occupied half of the parking lot, lining up her own cars there. Moreover, if the residents of the house park their cars in the “occupied” spaces, then the woman claims that the spaces are supposedly already assigned to her, and the cars of the residents of the house cannot be parked here.

The woman is a lawyer and “won back” this parking lot herself and claims that she has rights to it. I don’t know if it’s important or not, the woman lives in the second entrance, the people who would like to park their cars live in the first. The parking lot itself is located on the side of the house, just next to the first entrance. I don’t have information about how much money the parking lot was built with, I propose to consider two options: your own money and money either from the state or from savings at home (i.e., not your own money).

Is it possible to challenge

Let's look at cases where a fine can still be avoided.

1. Alarm. It is turned on if something breaks down in the car or the driver feels unwell. But you shouldn’t often use this: concerned neighbors can call a traffic police inspector, and he will escort you to a repair shop or call an ambulance. Then punishment definitely cannot be avoided.
2. Parking or stopping regulations. A stop, according to the rules of the State Traffic Safety Inspectorate, is a cessation of movement for less than 5 minutes, and it does not matter for what purpose. If no one can confirm how much a car costs, the parking lot can be called a stop. There are no restrictions here. But it is important to understand that such a stop cannot be long.
3. A fine for parking on a lawn can be challenged if it is an eco-parking lot or a special coating that is resistant to damage. It is also interesting that the law does not contain the word “lawn”, and punishment is possible only for damage to green spaces and only if this beauty created by the residents is officially confirmed.

See also:

A hidden latch on the rear door lock of a car - what is it for?

To avoid punishment and not cause inconvenience to yourself and your neighbors, you just need to follow the rules provided by law.

Author: Baranov Vitaly Petrovich

Education: secondary specialized. Specialty: car mechanic. Professional diagnostics, repair, maintenance of passenger cars of foreign production 2000-2015. Extensive experience working with Japanese and German cars.

• Yuri Andreevich says:
  they issue laws, but what in return?
• Alexander says:
  I’m just wondering who will control the implementation of the law? For example, I live on the first floor and near the entrance, cars are constantly parked right in front of my windows, I will say more, they don’t just park for a while, they have a parking lot near the entrance! We contacted the local state technical inspection - the result is ZERO! What should I do with these degenerates? Throw bricks into their buckets?

  Sergey says:

  traffic rules survived

Parking a car near the house: the effect of the law in 2020

In some cases, a fine may be issued by fire inspectors, for example, when a parked vehicle blocked access to the house where the fire occurred. Employees of the management company can inform traffic inspectors about illegally parked cars. For example, if the law on parking near garbage cans is violated. In this case, in order to still remove household waste, management employees can call a tow truck. Why the current rules were invented The current rules were created in order to ensure the normal functioning of an apartment building. If you comply with the current law on sanitary standards and traffic rules, then you will not have conflicts with utility services and neighbors.

House parking: rules of organization and design features

What deputies want to introduce The new law was developed by Sergei Mironov’s party – “A Just Russia”. For now, the project cannot yet be called finalized, since the mechanisms of its action for houses that were built earlier and did not have a large area around are unclear. That is why the new law is at the finalization stage.

The deputies' proposal is as follows:

1. The distribution of parking spaces should be related to the area of ​​the apartment. If you have a standard one-room apartment - 33 square meters, then one place will be allocated in the local area. If the area of ​​the apartment exceeds 50 meters, then families will have two parking spaces.
2. When designing, it is necessary to provide 40 places for guests if a thousand people will live in a high-rise building.

What rights to local parking do residents of the building have?

If the number of residents is expected to be two thousand, then there should be 80 guest places. This law is not perfect, since in Russia large families who have several cars can live in small-sized housing. According to the new rules, they will be forced to leave “extra” cars in other territories. While some of the places assigned to residents of spacious apartments may be empty. This situation is fraught with conflicts between residents of high-rise buildings. At the same time, finding a peaceful solution is easy if you learn to negotiate with your neighbors.

Who has the right to park in the local area of ​​an apartment building?

• With the engine running, the vehicle can stand on the territory of a residential building for a maximum of five minutes. The exception is official vehicles and vehicles performing loading operations;
• Trucks must only park in a designated parking lot;
• Parking that blocks the passage is punishable by an administrative fine;
• Parking near garbage cans within five meters is prohibited;
• Pass-through passages through a residential yard are unacceptable;
• Unauthorized fences must be dismantled.

If parking in the local area interferes with the free movement of citizens, then they can file a complaint with the city administration, sanitary and epidemiological inspection, fire inspection or judicial authority of the executive branch. If there is no such documentation, then first you will need to register the building with the cadastral register, and then begin the entire privatization procedure. If this is not done, then the law will consider all buildings on this area as unauthorized construction subject to demolition. According to the Russian housing complex, the territory near the house can be registered as private property. In this case, its owner will set the amount of land tax and make a decision on improving the local area. He can also decide by voting at a general meeting whether there will be parking in the courtyard of the apartment building or not. His responsibilities will include the arrangement of the existing parking lot. Any resident of the house can become the owner of the local area. To do this, it is enough to hold a collective meeting and approve the responsible person by voting.

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.

This article will tell you about parking rules for disabled people:

"Parking rules for disabled people"

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Read what mechanized parking is here.

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 place must be allocated for disabled people, Federal Law of November 24, 1995 No. 181 “On the social protection of disabled people of the Russian Federation” Art. 15;
• 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.

The owner did not agree with this conclusion of the court and filed a complaint with the appeal board of the Supreme Court of the Russian Federation. He insisted that the contested SanPiN regulations do not ensure compliance with the right to the protection of human life and health and a favorable living environment.

The plaintiff also pointed out that the court of first instance erroneously referred to Part 3 of Art. 35 of the Civil Code of the Russian Federation, which talks about the possibility of placing car parking in residential areas. The placement of such parking lots is permitted only outside the land plot on which the apartment building is located.

The appeal board of the RF Supreme Court agreed with the decision of the first instance: the contested clauses of SanPiN 2.1.2.2645-10 do not contradict the federal laws of the Russian Federation, since they do not prohibit the organization of parking lots in the local area of ​​an apartment building.

During the second consideration of the case, the Supreme Court of the Russian Federation also assessed the plaintiff’s argument that guest parking lots are in fact used by residents of apartment buildings as permanent parking lots for personal vehicles.

The court noted that this is a violation of the provisions of the Sanitary Rules, but does not indicate the illegality of the contested points of SanPiN. The Appeals Board of the RF Supreme Court also rejected the plaintiff's claim.

According to Law No. 131-FZ, citizens are free to resolve issues relating to their common property on the basis of non-state self-government.

We invite you to familiarize yourself with Maternity capital for the purchase of a summer cottage

Parking spaces in the courtyards of apartment buildings, which are privately owned by residents, belong to them and can be landscaped in accordance with the general meeting of residents. You can also find out about this in paragraph 1.4 of Article 36 of the RF Housing Code.

Residents of houses for which private ownership is not registered occupy living space under a social tenancy agreement.

Therefore, unlike owners, they do not have the right to take part in the general management of the local area.

To arrange their parking, they need to privatize the house and survey the area next to it.

Article 44 of the Housing Code of the Russian Federation states that only a general meeting of owners of a multi-storey building can resolve the issue of organizing parking. Article 46 of the Housing Code specifies that in order to approve a parking lot project, at least 2/3 of the votes of residents must be collected.

The meeting forms a delegate who will organize construction work and communicate with government agencies.

REFERENCE. The powers of the meeting also include: maintaining the parking lot in working order, hiring workers, and renting out the parking lot. By decision of the residents' meeting, it is possible to expand the parking lot and introduce a fee for it.

Parking organized by residents in the local area of ​​an apartment building must meet several state standards.

For example, the fire safety standard. Parking in the courtyard of an apartment building must be equipped with fire barriers of the first type (made of brick and concrete).

If the parking lot is adjacent to another building, emergency exits through the windows of that building must be provided. Vehicle storage areas should have no more than two spaces.

It is allowed to create special buildings for service personnel. The full list of firefighter requirements is specified in No. 123-FZ.

There are also sanitary and technical rules for parking in the courtyard of an apartment building, which must be taken into account when constructing a parking lot.

They are specified in SanPin 2.2.1/2.1.1.1200-03. According to table 4.4.1 of this document, the size of the parking lot directly affects the distance allowed for its organization next to a residential building.

For example, a parking lot for 10 or fewer cars can be located 10 meters from a residential building, and 25 meters from social facilities (schools, clinics, playgrounds). Parking for more than 300 cars should be located 50 meters from both facilities.

REFERENCE. Nowhere is it stated what size parking lot residents must provide. SanPin says that it should be proportionate to the house.

According to sanitary standards, it is forbidden to organize an open parking lot for more than 50 cars. If the parking lot is designed for more than 500 cars, it cannot be located next to a residential area.

An underground garage has an advantage in this regard and can be located at any distance from a residential building. All parking lots for more than 100 cars must have road access to the citywide transport network.

SP 59.13330.2012 regulates the standards of access for disabled people to parking lots near multi-storey buildings. According to it, 10% of parking spaces must be specially designed for disabled people.

They must be marked with special markings when constructing a parking lot.

However, the joint venture does not indicate whether disabled drivers need separate footage.

This means that it can be left the same as for other parking spaces. The parking lot must have special descents and ascents onto the sidewalk for wheelchair users.