Every person who lives in a multi-storey building and owns a car should know that there are special rules according to which you need to park. There are more and more cars every day, and there are fewer parking spaces. Therefore, the issue of parking vehicles on the local area is more popular today than ever.
Parking in the courtyards
For the privatization of a parking space in 2018, in accordance with the legislation of the Russian Federation, it is necessary to prepare:
- documents confirming the right to living space in the house;
- documents received from the engineer;
- documents in which the area of the territory located near your house is fixed;
- a document by which the land is transferred to the ownership of persons who own residential premises.
If you want to get a parking space in your property, contact a competent lawyer who will help you with this procedure, answer your questions, and help draw up a package of necessary documents.
If you have a dispute over a parking space, be sure to file a discord.
What the law says
Legal parking near your residential complex is quite possible, although its organization will require a fairly long time and investment of funds. 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 a fast course of business. In accordance with the law, all owners of an apartment building own a 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 common compromise.
Housing Code of the Russian Federation. The Federal Law defines the following provisions:
- in st. 16 states that the plot of land on which the multi-apartment residential building is erected is the property of residents, and this does not require an additional resolution from the authorities;
- in st. 44 indicates that the decision on the methods of using the local area is made by the owners of housing in the house;
- the law states that 2/3 of the residents of the building can make a decision on the organization of parking, and then it will be mandatory for everyone who lives in the building. After the parking arrangement is approved, homeowners can install barriers, improve the area near the house.
Sanitary and Epidemiological Service. SES Regulation 2.2.1 / 2.1.1.1200-03 establishes a number of criteria that the adjoining parking must meet. Among them:
- maximum capacity - no more than 50 parking spaces;
- the distance from the house to the parking lot must be at least 10 m (for 10 parking spaces), as well as 15 m (for 50 parking spaces).
SDA. They provide a basic rule for organizing parking, which must be followed. It lies in the fact that the car should not park in the local area with the engine running.
Organization of parking
When organizing parking, you need to consider the following main points:
- an apartment building should be legalized, that is, privatized private property (apartment) and land surveying should be done;
- the parking lot must be commensurate with the residential complex (no more than 50 places), in which there must be a place for disabled people, Federal Law of 24.11.1995, No. 181 "On social protection of disabled people of the Russian Federation" Art. fifteen;
- the issue of the number of places for disabled people is decided by local government;
- after reaching a compromise between the neighbors, a preliminary parking plan drawn up by the design organization, a cadastral certificate and an application should be sent to the local department for improvement for consideration, as well as the traffic police;
- a statement is written in free form, which substantiates the need to organize parking spaces;
- documents are submitted in one complete package. This step is an integral part of the process, because the higher authorities must comply with the projection with respect to technical standards;
- the decision of the territorial administration can be either positive or negative. If approved, the final agreement of Rospotrebnadzor will be required together with engineering services;
- the question of the need to conclude a lease agreement for land may also be raised if there is no right to a part of the adjacent territory;
- do not forget that the parking lot near the house may be prohibited by the decision of the tenants, therefore, the adjacent territory will be free space.
Parking rules in residential yards
Traffic rules must be observed not only on the road space, but also on the adjoining areas of residential buildings, that is, in the yard.
The law prohibits:
- stopping a vehicle in the courtyard of a high-rise building with the engine running for more than 5 minutes. An exception is the disembarkation or embarkation of passengers. Actions with luggage and warming up the vehicle in winter are not exempt;
- leave a vehicle weighing more than 3.5 tons under the windows of a multi-storey building. There are special parking spaces for parking trucks;
- parking on lawns and sidewalks. An exception is places with installed signs allowing parking. Pedestrian crossings are not a derogation from the rule;
- a parking lot less than 5 meters from waste containers;
- blocking the passage or restricting the movement of other cars, emergency services and communal services;
- equipping your own parking space without the permission of the competent authorities.
Difficulties arise if the place where the apartment building stands does not have an organized parking lot. In this case, the Rules of the Road contain a clause describing the requirements for parking in the yard.
In the absence of parking on the local area, the law allows:
- use a paid parking lot. To do this, you need to purchase a parking ticket or pay for each parking separately;
- park in the existing places of the yard, which are marked with special signs. Usually the area of such sites is very small and can accommodate up to 5 cars;
- leave the car in the garage;
- state the details of the current situation for the traffic police in writing. Employees are obliged to take action to eliminate the existing problem.
You can independently equip a parking space without breaking the law. For this you need:
- have written consent of each tenant of the house and owners of non-residential premises;
- permission from the district administration to independently install parking fences;
- draw up a competent parking project;
- get approval from engineering services;
- notify law enforcement agencies about the organization of parking in the courtyard of a residential building;
- the initiator of the parking equipment will take upon itself all the expenses or divide them among all tenants, since they are the owners of the adjacent territory.
It is illegal to fence off any territory without a package of permits.
Penalty for violation of parking rules
In clause 17.4. SDA says that everything that is established by Section 17 of the SDA is subject to distribution not only to residential, but also to courtyard areas. This means that the driver, while in such areas, cannot:
- to park with the engine running;
- carry out parking of freight vehicles with a mass of over 3500 kg (except for cases when places for such parking are specially marked with signs or markings).
For these violations, administrative liability is established in the form of a fine, the amount of which depends on the place of the misconduct (Article 12.28. Of the Code):
- 3000 rubles - in Moscow or St. Petersburg;
- 1,500 rubles - in other regions.
Also, in residential areas and courtyard areas, there are general rules for stopping and parking. That is, you need to park the car (clause 12.1. SDA):
- on the right side of the road on the side of the road;
- if there is no roadside inside the local area, then at the right edge of the carriageway.
Placement on the sidewalk in residential areas and courtyard areas is possible only if installed:
- sign 6.4.;
- and together with it one of the information plates regulating the way of setting the vehicle (8.6.1. - 8.6.9.).
For non-observance of the rules of parking on the sidewalks, the driver will be punished in accordance with Part 3 or Part 6 of Art. 12.19. Of the Code - depending on the city in which the violation was committed:
- 3000 rubles - if in the capital or St. Petersburg;
- 1000 rubles - in other settlements.
