How to register a parking space in the yard as your property?

Problems with finding a free parking space are familiar to all car owners, especially residents of big cities. Even an underground parking lot did not save us from these difficulties - even after purchasing a space in it, it was not clear which particular plot belonged to the buyer, and in order to sell one’s share it was necessary to collect written consent from all owners of the remaining plots, or by registering a deed of gift.

Subsequent changes in legislation improved the situation of car owners, giving them the right to privatize parking spaces.

Privatization from the legislator's point of view

All the nuances of designating parking spaces in the yard as private are regulated by law:

• Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ;
• Government Decree No. 1090 of October 23, 1993 “On Traffic Rules”;
• Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated July 4, 1991 N 1541-1;
• Federal Law “On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” dated July 3, 2016 N 315-FZ.

All owners of apartments in the building have the right to privatize a parking space. When purchasing housing, citizens receive this right automatically if the territory near the house belongs to all residents on the basis of common shared ownership.

Parking spaces were recognized as full-fledged and independent real estate objects only from January 2021 (Federal Law No. 315-FZ of July 3, 2016), after which car owners received the right to fully dispose of specific parking spaces - sale, gift, inheritance, etc.

It turns out that in order to privatize a parking space, you need to go through the standard process of privatization of a newly created object - the developer or the owner himself must register the parking space with the cadastral register, register his ownership there, collect the entire package of required documents and pay a tax fee (duty).

Parking restrictions in residential areas

• Stopping and parking a vehicle in the yard with the engine running is prohibited (Part 2, Article 17 of the Traffic Regulations). For violation of this rule, a fine of 500 rubles may be imposed. (Part 1 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation).
• For parking a car on the sidewalk, a fine of 1 thousand rubles is provided. (Part 3 of Article 12.19 of the Administrative Code). An incorrectly parked car may be towed. In this case, in addition to the fine, the car owner will have to pay for the work of the tow truck.
• The Code of Administrative Offenses of the Russian Federation does not provide for a fine for parking on lawns, so it is necessary to refer to regional legislation. For example, in St. Petersburg, a motorist will pay from 3 thousand to 5 thousand rubles for such a violation.
• For exceeding the noise level, the car owner can be fined 500 rubles. (Article 8.23 ​​of the Code of Administrative Offenses of the Russian Federation).
• A heavy vehicle weighing more than 3.5 tons is prohibited from being parked in a residential area1.
• Parking of commercial vehicles and provision of parking spaces for them in blocks of apartment buildings is prohibited2.
• Organizing a “parking lot” business on the common territory of an apartment building is also prohibited3.

What the law says

The rules for the privatization of parking lots are specified in Federal Law No. 218-F3 “On State Registration of Real Estate”. So, to start the registration procedure, you need to check that all conditions are met:

• compliance of the parking area with the standards established by law;
• obtaining written consent from the owners of the remaining places;
• the area must be separated from the rest by special marks (for example, a number);
• parking space must be organized taking into account all legal requirements;

The standards establishing the size of parking spaces were introduced by Order of the Ministry of Economic Development of Russia dated December 7, 2016 No. 792, which came into force in January 2021:

• minimum - 5.3 by 2.5 meters;
• maximum – 6.2 by 3.6 meters.

It is important that the common property of the residents includes all communications (barriers, driveways, lighting).

Parking lot or parking?

At the everyday level, we perceive the words “parking” and “parking” as synonyms. From a technical point of view, there is not much difference between them either. However, at the level of regulatory documents there is still a difference.

A parking lot is a separate area specially designed for storing cars. This is not necessarily a piece of land in the open air; parking can be under a roof, and also be part of a building. An important point is that the parking lot assumes that the car can be parked there for a long period of time and be a permanent place for storing the car. Therefore, parking lots are often equipped with security booths, barriers, video cameras and other equipment to restrict access.

A parking lot is rather a part of a yard or local area, a road or driveway, an element of landscaping that plays a supporting role in the placement of cars. To put it as simply as possible, a parking lot is a place where passengers pick up and drop off, a place where you can leave your car for an hour or two. A small parking pocket for 3 spaces near the entrance is more of a guest parking lot. But not parking for cars all night, for example.

In practice, few courtyards have parking facilities that comply with all the rules of the law. Conflicts between neighbors can reach serious intensity precisely over parking spaces for temporary short-term storage of cars. Although such parking spaces may not at all comply with the standards for organizing places for storing cars.

How to complete the privatization procedure

The algorithm for transferring a parking space into private ownership is specified in the Federal Law “On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” dated July 3, 2016 N 315-FZ. The main requirement of Article 6 is the presence of boundaries at the parking space.

To establish boundaries, you need to mark them (for example, with stickers or special paint) and draw up a technical passport for the object. Cadastral engineers will help with this.

Before starting the procedure, you need to go through the following steps:

1. Gather all owners and make a decision to transfer part of the common territory into private ownership. The decision will be considered adopted subject to the consent of at least half of the members of the meeting;
2. Draw up an act signed by all those present at the meeting;
3. Invite cadastral specialists to carry out measurements and calculations at the expense of apartment owners;
4. Receive an engineer's plan for the future parking drawn up by cadastral engineers;
5. The chairman of the meeting, on behalf of all its members, applies to the cadastral authority with a passport, a document on ownership of the apartment and a plan to enter the parking lot into the state register;
6. Obtain permission from the city administration to organize work;
7. Approve the action plan in Rospotrebnadzor;
8. Design the territory - install barriers, apply markings, etc.

A situation may arise when the local area is not registered as common shared ownership. In this case, it is municipal property, so you will need to conclude a lease agreement for a parking lot with the administration.

Features of obtaining owner consent

The initiator of a meeting of residents can be any owner of the premises in the apartment building. For this purpose, it is enough to notify the management company of the need to convene this meeting.

If your apartment building has offices, shops and other commercial premises, when agreeing on the creation of a parking lot, you must also obtain consent from the owners of these points.

They have the right to participate in resolving such issues, so inviting them to the meeting is necessary if you do not want conflict to arise in the future.

After the meeting’s decision to create a parking lot has been formalized in writing, you should also start drawing up a statement about the need to arrange parking spaces near the apartment building. This request is sent to the management of the management company responsible for the house

.

What documents are required for privatization

To register a parking space, you need to collect a complete package of documents:

1. Statement;
2. A copy of the applicant’s identification document (passport);
3. Documents on the basis of which the right arose - agreement of purchase and sale, donation, participation in shared construction;
4. Extract from the Unified State Register of Real Estate;
5. Technical parking plan developed by cadastral specialists;
6. If the application is submitted by a representative - a notarized power of attorney;
7. Minutes of the owners' meeting;
8. Receipt of payment of the duty.

Duration of the procedure

According to the provisions of Article 16 of Federal Law No. 218-FZ, the process of registration of rights and cadastral registration is carried out within 5-12 working days .

Registration time depends on the reason for the request:

In some cases, the period may be delayed if Rosreestr has requested additional information or documentation.

Grounds for refusal

The applicant may be denied registration of property rights in the following cases:

• If the applicant does not have the right to use a parking space;
• The documents provided do not correspond to reality;
• The state duty was not paid;
• The future parking project was drawn up incorrectly. For example, its area extends to someone else’s local area;
• The area of ​​the place is less or more than the norms established by the legislator.

In such situations, the privatization process is suspended, but not more than for 3 months.

Is it possible to legalize parking near the house?

Every car owner would prefer to leave his vehicle as close to home as possible, but in practice, many apartment buildings do not have specially equipped parking.

Purchasing a garage box or a parking space in a specialized parking lot is usually accompanied by significant costs. At the same time, the parking place is still far from the house.

To deal with this problem, you can officially legalize parking near the apartment building. To create it, you must first go through the procedure of registration and approval of project documentation in the relevant authorities.

Underwater rocks

In addition to the advantages - having your own parking space, no quarrels with neighbors, etc., there are also disadvantages:

• Increase in utility bills. The percentage depends on the area of ​​the parking space;
• The need to pay taxes. Since a parking space is a full-fledged piece of real estate, it is subject to taxation. Its size is 0.3% of the cadastral value of the plot;
• High costs for the procedure. Duty, specialist services - all this can be expensive.

Correct parking lot markings

Marking parking lots and lots is not just a matter of beauty. It has been proven that markings reduce the number of accidents and emergencies and help drivers better navigate and maneuver. Therefore, marking the parking lot is mandatory.

What rules are there?

• The width of the marking line is 10 cm.
• The markings can be applied with paint or a special polymer coating. It is necessary to monitor the state of the markup and update it regularly.
• The marking contours are based on the rules for organizing parking spaces: the width of the passage between the rows is at least 6 m, the width of the parking space is 2.3 m, the width of the parking space for disabled people is at least 3.5, the length of the lines dividing parking spaces is 5 m.
• Deviation of marking lines is allowed no more than 5 cm.
• New marking lines that do not coincide with the old ones can be applied only after the old marking has been completely removed.
• It is recommended to carry out marking work at a temperature of + 18-25 degrees.
• The numbers of parking spaces can be marked as desired, but spaces for disabled people must be marked with a special symbol.

The markings must be accompanied by road signs. For example, entry and exit signs, turn signals, speed limits, “main road” and “give way”. If the parking lot is not open 24 hours a day, opening hours must be indicated.

As you can see, even something as seemingly simple as drawing demarcation lines has subtleties. In general, we can say that the entire process of organizing permanent parking for cars in the courtyard of a house is full of subtleties and nuances. For this reason, many residents are hesitant to create legal parking near their house, although space allows, for fear of getting confused in bureaucratic and technical subtleties. But the game is definitely worth the candle; in the end, permanent parking in the local area turns out to be much more profitable than paid parking services.