How to arrange a personal parking space in the yard. How to legalize a parking space near your house

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How to legalize a parking space in the courtyard of an apartment building

According to current legislation, each owner of an apartment in an apartment building has the right to use part of the local area.

Attention! In order to use this territory legally, residents must:

Organize and attend a house-wide meeting to make a decision on the creation of a private parking lot;
The owners of non-residential premises related to the house (usually shops, salons on the ground floor) must take part in the meeting;
If a majority vote makes a decision to organize private parking, then an act signed by residents supporting the initiative to privatize parking is drawn up;
A group of residents draws up an application to the district administration with a request to legalize parking spaces; a decision signed by the residents is attached as confirmation of the population’s intention to create a private parking lot;
The application is drawn up in free form, indicating the grounds for using the local area;
Then you need to contact Rosreestr and receive a certificate with a description and cadastral plan of the local area;
To obtain a certificate from Rosreestr, you must make a special application from the resident of the house and attach a certificate of ownership;
In addition, it is necessary to pay the state fee and attach a receipt to the application;
Rosreestr will prepare a certificate within 7 calendar days:
Then you need to contact the design organization, which, based on the documents provided, will draw up a plan of the local area with a parking lot for passenger vehicles located on it;
The prepared project is submitted to the administration for approval.

The application to the administration will be the final document, which will outline the essence of the residents’ requirements.

ATTENTION! Look at the completed sample application for the formation of a land plot under an apartment building for parking:

How to organize parking in the courtyard of a residential building

It is not necessary to disturb the authorities with parking issues. Residents of apartment buildings can solve this problem on their own. There are several ways to organize parking and traffic in the yard.

If residents are concerned about the presence of unauthorized cars in the yard, then the solution to this problem will be the creation of an HOA. With the help of this governing body, you will register the local area as your property and on this basis you will develop the idea of parking. Then parking spaces are easily assigned to each resident, and an unauthorized driver will not be able to park in the yard of your house.

Without creating an HOA, it will also be possible to arrange parking spaces on your own. But in this case, you will not be able to present anything to random people, visitors and employees of neighboring offices. It will be difficult to achieve an increase in parking spaces; with an HOA this is much easier.

There are frequent cases of paid parking in the courtyard of houses. The following video explains how to deal with this:

Where to begin

In recent years, the construction of the parking lot has been planned to begin a little earlier than the construction of the apartment building itself. SanPiN regulate the distance at which parking can be located. Its value depends on the number of parking spaces:

Less than 11 cars – minimum 10 m;
From 11 to 50 cars – at least 15 m;
From 51 to 100 cars – minimum 25.

If rows of garages are being built, then this distance is allowed to be reduced by 25% (a minimum of 10 m is maintained) if the following conditions are met:

Garages have no windows;
The entrance is not directed towards the residential windows of the first floors.

But this is all decided at the stage of building a house. If a problem arises with parking in an already built and inhabited building, you should start with a meeting of apartment owners. There, residents will determine whether they need an HOA, join it, if it exists, and whether full parking is really necessary.

Since homeowners own not only the apartment, but also the surrounding area, it is not only motorists who need to negotiate. People who require parking spaces should coordinate all procedures and plans with residents without cars.

Where to go

In the process of preparing and implementing a parking construction plan, you will have to visit:

Cadastral Chamber;
Administration;
Local authority for land resources and improvement;
Fire safety authorities;
traffic police;
Design organization;
Construction organization.

And now we will talk about the features of the procedure for registering parking in the courtyard of a residential building.

Procedure

First of all, we register the property adjacent to the cadastral register. If the house was built a long time ago, there is an HOA, then this will not be a problem, just visit the appropriate establishment. If the HOA has just started its activities, or it still does not exist, then you will have to first determine the boundaries and management of the property, then contact the cadastral chamber.
Next, a vote or survey of all tenant-owners is organized. It is important that all participants are aware of the parking plans and express their opinions. In the end, everyone must come to one positive decision, otherwise disagreeing or unwarned residents may sue. The obligatory outcome of the meeting is the completed minutes of the general meeting. Important! The quorum when making a decision must be greater than or equal to 66.6%.
Then the rules of SanPiN come into force. We check the area around the house for compliance with these provisions. Please note that parking lots with a capacity of more than 100 vehicles must obtain permission from firefighters.
We take the minutes of the meeting to the local land management authority. An application for the issuance of a land plot drawn up there will be considered within three days. In practice, this period may be extended due to errors in the protocol and other circumstances.
The next step is a visit to the traffic police. It is not strictly required, but the presence of paper from the state. inspection helps in case of controversial situations.
After registration and receipt of the last documents, funds are collected. Then we turn to the design company to draw up a layout of the future parking lot, and we go with it to the construction company.

Why is it worth organizing parking rather than parking your car anywhere? About complaints from residents of the house about such actions in the following video:

Sources

https://journal.tinkoff.ru/omg/zapretili-parkovku/
https://pravoved.ru/journal/pravila-parkovki-vo-dvorakh-zhilykh-domov/
https://J.Etagi.com/stati/pravila-parkovki-vo-dvorakh-zhilykh-domo/
https://UrOpora.ru/zemlya/parkovochnoe-mesto-vozle-doma-po-zakonu-v-2017-godu.html
https://xn—-7sbbajihwbdaabv2czbv0a7el6l5a.xn--p1ai/parkovka-vo-dvorah-zhilyh-domov-v-2017-2018-godu-pravila-i-ogranicheniya/
https://prosud24.ru/privatizacija-parkovochnogo-mesta/
https://o-nedvizhke.ru/kvartira/pridomovaya-territoriya-kvartira/kak-uzakonit-mesto-dlya-parkovki-vozle-doma.html
https://urned.net/zhilishhnoe-pravo/zhkh/organizovat-parkovku-vo-dvore-doma.html

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Law on the privatization of parking spaces

The procedure for registering ownership of a parking space is described in Federal Law No. 218-F3 “On State Registration of Real Estate”.

For privatization, certain requirements must be met:

Parking spaces are organized taking into account the minimum and maximum size of a parking space for one vehicle;
When organizing a parking space, there should be no disputes with the owners of neighboring spaces;
A parking space has special marks that distinguish it from other spaces (for example, numbering).

The vehicle parking design must be drawn up taking into account the requirements of this law.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Is it possible to privatize a parking space? What do you need to do for this?

Today, the acute problem of lack of parking spaces in the capital is especially clear. And therefore it is not surprising that many people want to privatize, along with living space, a plot of land for parking a car.

Specialists from Assistant Real Estate talk about the details of this process.

What documents are required for the privatization of a parking space?

The local administration is responsible for issuing permits for registration of a parking space as property. A similar question can be raised by an individual citizen, or by a group of people belonging to the owners of the property on whose territory there is a place allocated for parking, as well as by a multi-apartment housing development company.

In this case, you will need to acquire the appropriate package of documents, consisting of:

Permitting documentation that confirms the right to erect a building - if we are talking about legalizing the territory next to a newly built house;
Design documentation for the parking lot, which has been approved by the local administration;
Documentation of cadastral registration of land in the local area;
Documentation that confirms ownership of an apartment in the house;
As well as permitting documents issued by local governments for the privatization of parking spaces.

The list may change depending on individual conditions, but in general it looks exactly like this.

All this documentation is supplied with an official request and submitted to Rosreestr.

Other things to consider

It is important to remember that the area near the house is registered as property only after the house itself has been put into operation. Thus, it is impossible to purchase or privatize a parking space near the house even before its construction is completed.

What documents are required for privatization

In order for a positive decision to be made on the application, it is necessary to prepare all related documents in advance.

Particular care must be taken to prepare:

A document confirming the property ownership of the person who will be involved in the registration of the parking space (certificate of ownership of the apartment);
A certificate describing the characteristics of the territory where the parking lot will be located (certificate from Rosreestr);
An officially completed project of the local area with the location of parking spaces; the project is prepared by a special design organization that has received a license for this type of activity;
Application for privatization on behalf of apartment owners in order to create a parking area for vehicles;
A decision made based on the results of a collective meeting, indicating the signatures of residents who supported the initiative.

When all the above documents are ready, an application is submitted to the administration.

Watch the video. How to arrange parking in the courtyard of an apartment building?

In the video about the design of parking spaces

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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How to legally arrange parking for disabled people in the courtyard of an apartment building?

In Russia, significant progress has recently been made in organizing parking spaces for disabled people near shopping centers and other social facilities. But in the courtyards of apartment buildings this problem is still relevant. It is considered, most often, by apartment residents from a position of strength, but not right. Let's consider how people with disabilities can take advantage of the preferences they are entitled to regarding parking near the vehicle's house.

Features of contacting the local administration

After submitting all the necessary documents, it will take some time for them to be reviewed by the administration. Owners will be notified of the management's decision in writing.

According to established practice, such decisions are made within a month. However, if the administration needs to establish facts that are not in the documents provided, the consideration may be delayed.

If approval is received from the administration, the next authority will be Rospotrebnadzor. This organization provides a separate opinion. It is possible that the conclusion will be refused. In this case, it is necessary to establish the cause of the failure and eliminate it.

In most cases, refusal is possible due to errors made when drawing up the project. Perhaps the local area does not have a cadastral plan or is not registered. These points must be clarified before the approval procedure begins.

Attention! It is worth noting that after registering a parking space, the lucky owner will have to pay land tax. In addition, all costs for landscaping and maintaining this area fall on the shoulders of the owners of parking spaces. .

Rules for living in an apartment building.

Read here what you need to cut down a tree near an apartment building.

For those who repair roads in the courtyards of apartment buildings, read the link:

Legislation

Not long ago, in the legislation of the Russian Federation, parking spaces began to be reflected in real estate as independent objects.

Thus, Federal Law No. 218-FZ states that citizens have the opportunity to privatize a parking space.

The law No. 1544-1 states that the re-registration of housing rights has nothing to do with the privatization of a parking space.

The Housing Code of the Russian Federation has a slight influence on this procedure. It also determines the use of the territory near the house.

How to coordinate a parking space with other residents and create a parking project

All decisions regarding the use of the local area are made at general meetings in the presence of at least half of the apartment owners in the building. It is worth noting that decisions are made only based on the results of voting in person or in absentia.

To privatize parking spaces, it is necessary to follow the procedure at all stages. Thus, at the stage of holding a general meeting, a decision can be made only if residents are notified of the meeting and if a sufficient number of votes are received. It is important to take into account the opinion of the owners of non-residential premises located on the ground floor.

If at least one of these conditions is not met, the decision to organize private parking will be challenged in court.

General information

First, you need to understand what the words “parking space” and “privatization” mean.

A parking space is a special designated place where, by law, you can leave your car. This concept is contained in Law No. 218-FZ.

Privatization is the transfer of something into ownership. By privatizing a parking space, a person becomes its owner.

Local area

The local area is a documented plot of land, the area of which is recorded in the cadastral passport.

It is located around a residential building. The site is the property of all residents of the apartment building.

Such an area usually consists of:

the multi-storey building itself;
elements of nature (flower beds, vegetable gardens);
playgrounds for children;
sports ground;
parking spaces;
many other objects.

The size of such an area is determined based on several factors: building density, number of floors and the presence of public roads.

Grounds for refusal

Separately, it is worth noting the reasons why government services will refuse to privatize a parking lot.

Please note! The grounds for refusal are:

The project was drawn up with errors (traffic is organized incorrectly, there is no additional exit from the parking lot, or the parking lot overlaps with the local area of another house);
The project does not comply with standards (urban planning, sanitary), fire safety requirements, etc.;
The project has not been approved by Rospotrebnadzor.

We recommend contacting the administration in advance to clarify the requirements for paperwork and the exact list, so as not to waste time on multiple corrections.

Named parking space

In specially designated car spaces, according to the regulations on parking for disabled people, any driver who has permits to park a car in such zones can park their vehicle.

However, apartment owners can give permission not only to install a parking sign for the disabled in the yard, but also to apply a name marking and install a blocker in the area covered by the said sign. This is done for the sole use of the assigned area by persons with limited physical abilities. This decision is often made by residents of houses whose passage through the territory is not limited by a barrier.

Norms and rules for creating parking spaces near an apartment building

When obtaining a permit, you must also take care of safety in the parking lot. This will help avoid problems in the future.

Firstly, it is worth paying attention to fire safety. Internal partitions and parking barriers must be made of non-combustible materials (brick or concrete). If the parking lot is adjacent to a building, then it must have emergency exits from the windows. Similar requirements are set out in Tech. regulations on fire safety requirements (2008).

Secondly, it is necessary to comply with the sanitary requirements for parking areas.

Thirdly, you should pay special attention to the location of the parking lot relative to residential buildings and other infrastructure. The larger the parking area, the greater the distance from the residential building.

Thus, parking for 10 cars should be located 10 m from residential buildings and 25 m from places intended for children to play. If the parking lot is designed for 250 cars, then it should be located at a distance of 50 meters from residential buildings.

It is worth noting that the law does not limit the size of a parking lot. The main thing is that the site meets the requirements of sanitary standards.

In addition, large parking lots (more than 500 cars) are prohibited near residential buildings. Parking for 100 or more spaces provides access to the transport network. These restrictions apply only to open parking areas.

Installation of parking in the yard for disabled people according to the law

If drivers with disabilities or families raising a not entirely healthy child with a confirmed disability live in an apartment building, as well as people who transport disabled people on a non-commercial basis, then in accordance with the Federal Law “On Social Protection of Disabled Persons” they have advantages when using a car parking lot

The parking space of citizens with disabilities is indicated with a special sign or signed accordingly. Free access is provided to it.

The arrangement of parking areas is carried out by public utilities or homeowners associations.

Obtaining the consent of the residents of the house to arrange parking in the yard

The decision to create a parking lot near an apartment building is made at a general meeting of homeowners (Article 36 of the Housing Code of the Russian Federation). This decision will be legal if it is supported by at least 2/3 of apartment owners (Article 46 of the Housing Code of the Russian Federation).

Owners need to select representatives who will resolve administrative issues and verify their authority in the protocol. For further relations with the authorities, representatives must have a package of documents: minutes of the meeting with signatures, a certificate of the size and composition of the local area, a preliminary plan with the boundaries of the site, a free-form application.

By law, ten percent of the number of parking spaces is intended for people with disabilities. This requirement applies if there is already a non-commercial parking area in the yard. In other cases, drivers with disabilities will have to independently negotiate with neighbors and obtain their consent.

Installing a disabled parking sign

The parking space where residents with disabilities leave their personal vehicles must be equipped with an appropriate sign and road markings. Other car owners do not have the right to park their cars in this place, even if one of the marking attributes is missing. A driver who violates this law will face a fine or towing of the vehicle. Permission to install an appropriate parking sign for disabled people in the courtyard of an apartment building is issued by the traffic police after agreement with the city or district administration.

The parking space for disabled people in the yard is one meter wider than the standard one. This makes it possible for wheelchair users with musculoskeletal disorders to easily move into the seat of their car.