Rules for parking and parking in the courtyard of an apartment building

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Cars parked in the courtyards of residential buildings cause many conflict situations between owners. How to properly park in the yard and what regulations should one follow so that the vehicle does not cause a quarrel between residents? You will find answers to all burning questions in this article.

Normative base

The rules for placing vehicles in the courtyard of a residential building are regulated by several laws and other regulatory documents. These include:

• Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 25, 2007 N 74 (as amended on April 25, 2014) “On the introduction into force of a new edition of sanitary and epidemiological rules and regulations;
• SanPiN 2.2.1/2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects” (Registered with the Ministry of Justice of Russia on January 25, 2008 N 109);
• Article 12.28 of the Code of Administrative Offenses;
• Federal Law 218-FZ on the privatization of parking spaces;
• Clause 17 of the Decree of the Government of the Russian Federation of October 23, 1993 N 1090 “On the Rules of the Road”.

Norms and rules for parking cars in courtyards

All norms and rules for parking vehicles in the courtyards of residential buildings are regulated by the above regulations. Studying them will help you avoid involuntary violations, and will also tell you how to behave in a controversial situation. Thus, paragraph 17 of the Decree of the Government of the Russian Federation of October 23, 1993 N 1090 “On Traffic Rules” regulates the rules of conduct in a residential area. And paragraph 17.4 of the same resolution states that all of the above points apply to adjacent areas. You should also take into account regional regulations, which also regulate the behavior of car owners in the local area.

Sanitary standards for parking in the yard

The document regulating the rules for parking in the yard are sanitary standards. It is in them that the main nuances of the placement of parking spaces, as well as the norms of behavior of vehicle owners, are clearly spelled out.

Sanitary standards regarding parking in the courtyards of residential buildings state that:

• The distance between the parking bay and the parking lot (not exceeding 10 vehicles) cannot be less than 10 m.
• If the parking lot can accommodate up to 50 vehicles, then it is necessary to comply with all regulatory requirements and arrange a specialized area for parking cars. It should be located no closer than 15 m from the windows of a residential building.
• When the number of vehicles is from 51 to 100, this interval is at least 25 m.
• 101-300 cars should be parked no closer than 35m from a residential building.
• And for a parking lot that accommodates over 300 vehicles, this distance cannot be less than 50m.

Attention
: In order to arrange parking, the owners of residential buildings should privatize the local area. This will require contacting lawyers and collecting a certain package of documentation. It is important to understand that at least 75% of all owners must vote for parking equipment. Otherwise, the installation of parking spaces (from 10 to 50 vehicles) will be illegal.

Residents who do not agree with the unauthorized organization of parking in the yard have the right to file a complaint with one of the following authorities:

• Sanitary inspection;
• Fire inspection;
• Engineering service of the area;
• Environmental service.

Please note:
Developers are recommended to plan parking spaces in advance or equip spacious underground parking. In most regions, this decision is advisory in nature and the developer receives such a letter at the stage of planning the area for construction.

Considering the difficult situation with parking spaces in the courtyards of apartment buildings, before purchasing real estate, you should check in advance the availability of free space for your own car.

Stages of approval

Coordination of subsequent actions must be carried out in all organizations whose utility networks may pass through the territory of the future parking lot. Next, you need to approve the planning scheme in the architecture department and obtain permission to carry out a complex of earthworks from the Housing and Communal Services Department. Having received all the necessary permits and after agreement with each structure, you can proceed to the main stage:

1. Collecting money.
2. Search for a contractor.
3. Construction.

For your information! Sometimes even a bench, lamppost or small flowerbed can become an obstacle to obtaining approval.

What is considered illegal parking in the yard and the amount of the fine for violation?

It is important to understand that parking rules in the courtyard of an apartment building are also regulated by traffic rules. Key points that motorists should pay attention to include:

• Stopping or parking a vehicle in the yard with the engine running is permissible for no more than 5 minutes. This time is enough to disembark or board passengers, as well as perform cargo manipulations.
  Failure to comply with this rule may result in a complaint from neighbors to the appropriate authority. Prolonged warming up of a car in a residential area in the winter is punishable in a similar manner. The traffic police inspector has the right to issue a fine in the amount of 1,500 to 3,000 rubles, depending on the size of the locality.
• Drivers of heavy vehicles are prohibited from leaving their vehicles in the courtyards of residential buildings. There are specially equipped pockets and parking lots for such vehicles. The fine also ranges from 1500 to 3000 rubles. This rule applies to vehicles whose weight exceeds 3.5 tons.
• Violations also include parking a vehicle on the sidewalk (Clause 3, Article 12.19 of the Administrative Code). Such a decision may entail the evacuation of the vehicle. The owner will not only have to pay a fine for an incorrectly parked vehicle, but also pay for the work of the tow truck. The cost of tow truck services is paid according to the current price list, and the fine is 2000 rubles. When making such a decision, it should be taken into account that it is allowed to evacuate cars placed on sidewalks, including the adjacent territory and courtyards of apartment buildings.
• Impeding passage for other vehicles, including special services vehicles (ambulances, utilities, Ministry of Emergency Situations, etc.) also falls under the category of an offense (Article 12.19 Part 4 of the Administrative Code). The amount of penalties is determined by the traffic police inspector depending on the danger that arose and the consequences of leaving the car in the wrong place. It can vary from 2000 to 3000 rubles.
• Parking in the yard near the garbage containers deserves special attention. The optimal distance is considered to be at least 5 m, which allows utility services to carry out their immediate duties without interference. A fine for parking a car closer than 5m from the location of garbage containers entails a fine in the name of the owner. The amount of penalties ranges from 2000 to 5000 rubles, depending on the situation.

Attention
Parking on the lawn located in the local area is also a violation of current legislation. In the courtyards of apartment buildings that have problems with the availability of free parking spaces, such a problem inevitably arises. Owners can appeal this decision of the car owner.

Housing law

Ideally, each house should be allocated a parking area for ten to fifty cars, depending on the number of residents, apartments and number of floors. In fact, the figure is twenty-five percent of the established norm. Also, local regulations can calculate the permissible quantity based on the area of ​​the apartment (square meters/number of beds):

• up to thirty – one;
• up to one hundred - one and a half;
• over – two.

Advice! If you plan to place less than ten cars, it is not necessary to additionally coordinate and approve it with local authorities.

Appealing a fine for parking in the yard

In some cases, vehicle owners can appeal fines issued for violation of parking rules in the yard. Such moments include parking on the lawn in winter. This violation inevitably entails the imposition of penalties on the owner. But there is an opportunity to challenge the decision of regulatory organizations. This can be done with one caveat: in winter, a complaint from homeowners must be submitted to the sanitary services, and in the summer - to the traffic police. If your neighbors filed a similar complaint with the traffic police in the winter season (if there is snow cover), then the issued fine can be safely appealed in court. The basis for the appeal is the lack of proper visibility.

For your information

The driver's argument may be that he simply did not notice the lawn under the layer of snow.

Complaint about illegal parking in the yard

If one of the residents regularly violates parking rules in the courtyard of an apartment building, then he should be held administratively liable. You should not appeal to the help of public organizations or try to explain the essence of the violation in a dialogue. There is a simple and effective solution that allows you to bring the offender to justice without conflict.

Several steps need to be taken:

• record the violation using a photo/video camera;
• call a traffic police inspector to the scene of the violation;
• hand over to him the collected photo/video materials and provide the details of the offender (personal data or license plate number of the vehicle).

Please note:
If there are several violators, then photo/video materials must be provided for each parked car. In this case, the inspector will issue several fines for illegal parking at once.

A fire inspector can also issue a fine if parking results in the inability to put out a fire. If the offense does not fall within the area of ​​responsibility of the traffic police, you should contact the sanitary inspection and provide them with the necessary materials and data.

Attention

Not only residents of an apartment building, but also employees of the management company (MC) can report a violation. This development of events is possible if vehicles interfere with the loading and removal of household waste. And representatives of utility services reserve the right to call a tow truck to free up space near garbage cans.

Is it possible to privatize a parking space in the yard?

The legislation of the Russian Federation provides for the opportunity for homeowners to privatize a parking space in the courtyard of the house. If you approach the problem wisely, then after a short time you will become the owner of personal space for your own vehicle.

You need to do the following:

• Obtain a cadastral number, which is allocated to the site upon cadastral registration.
• Develop a parking plan.
• Privatize the local area.
• Hold a general meeting of homeowners, at which at least 75% of residents will give their consent to the organization of parking.
• Write an application to the Criminal Code with a request to equip a parking lot.
• Obtain the consent of the supervisory authorities (Rospotrebnadzor, etc.) to install a parking lot in the courtyard of a residential building.

In addition, you will need to pay a state fee of 100 rubles to obtain a cadastral number.

If all stages were carried out in accordance with the legislative framework of the Russian Federation, then after a short time a parking lot for residents’ vehicles will be equipped in the courtyard of the house. In the future, homeowners voluntarily determine the number and location of spaces in the new parking lot.

IMPORTANT

Taxes will have to be paid annually for equipped parking. This should be taken into account when deciding on its creation.

To obtain a personal parking space in a public parking lot, it is necessary that it be allocated by applying special marks to the hard surface of the ground. These could be dividing lines or installed beacons. It is possible to secure ownership of a parking lot only if it fully satisfies all requirements and its size is at least 5.3 * 2.5 m. At the same time, the maximum size of a parking space is specified in the relevant documentation and cannot exceed 6.2 * 3.6 m.

Education Service

Detailed methodological recommendations have been developed for active owners to provide assistance in preparing documentation and carrying out work (taking into account the requirements of the Municipal Economy Code of the Russian Federation dated December 29, 2004). All standards for parking spaces for residential buildings are also indicated here. The collected materials take into account the results of an analysis of foreign and domestic experience in improving the efficiency of using parking zones in cities:

1. First of all, you need to get the support of the majority of owners, for which a general meeting is held. Two-thirds of one hundred votes and a decision is made (so that later questions from the owners and the city administration do not arise).
2. Request a copy from the city tablet at a scale of 1:500 (a copy of a certain part of the topographic and geodetic plan, it describes a specific territory or terms of reference for topographic surveying with a graphic application). It is issued at the city center of urban planning and architecture.
3. Then a diagram of the yard should be drawn up, taking into account future parking. It is carried out by the design organization in compliance with all requirements.

Recommendation! The formalized position for each parking space can be assigned either to the owner of the property or to a specific apartment.

Proposed innovations

Among the most controversial and expected innovations, experts include the “Fair Russia” project on the relationship between parking spaces and property sizes. The essence of the project is as follows:

• For a classic one-room apartment with an average area of ​​30-33 sq.m, 1 parking space is provided. If the property area exceeds 50 sq.m., then its owner is entitled to 2 parking spaces.
• An apartment building (over 1000 apartments) must have 40 guest parking spaces. If we are talking about a large residential complex, where the number of apartments is more than 2000, then 80 places are required.

This bill is under development. It is far from perfect, because some owners of a one-room apartment have 2 cars, and owners of a two-room apartment can do without a personal vehicle. Consequently, some residents will be sorely short of parking spaces, while other parking spaces will be empty. The only solution will be voluntary agreements between the owners.

For your information

At the same time, a bill is being discussed that deals with paid parking near apartment buildings and large residential complexes. Deputies proposed that these parking lots be free at night. The implementation of the bill will require the additional creation of a register of all paid parking lots, thanks to which residents of nearby houses will be able to use them at night as additional free parking spaces. It is proposed to shift control over the implementation of this bill to regional authorities.

Rights by organization

Previously, designers provided new buildings only with narrow driveways along the houses and pockets for several cars. Others have built underground parking lots or multi-level above-ground garages, but not everyone can afford their cost. As a result, the places planned for the project are empty, and there is still nowhere to park the car.

Not long ago, regional and municipal programs were in place to improve courtyard space, including expanding parking lots. Hundreds of residential buildings and the space around them were put in order, but they did not have time to equip everything. In the current economic situation, such programs have been suspended.

Attention! Today, the real way to eliminate the problem is construction, planning, as well as preliminary calculation of parking spaces, directly by residents. After all, the local area is also their property and area of ​​responsibility.