Currently, in practice, there are very often problems associated with parking in the courtyard of a residential building. There are motorists who leave their cars right under the windows of a residential high-rise building, which, of course, does not suit the residents of this house.
Engine noise and exhaust fumes do not cause delight among those who live on the lower floors, so loud indignation and protracted disputes are not uncommon. At the same time, many of the residents have no idea that parking rules are determined at the legislative level. However, it is the possession of this information that will help you avoid various problems and troubles.
A serious problem of Russian legislation at the present stage is the lack of a norm that precisely fixes a certain distance between a parking lot and an apartment building. There is currently no information on the imminent adoption of such a regulatory legal act.
However, there are a large number of other acts by which you can protect your rights. For example, this is SanPiN No. 2.2.1 / 2.1.1.1200-03, which regulates the rules for parking in the courtyard of an apartment building.
This document contains the following key provisions that must be followed:
- parking for cars, designed for the simultaneous presence of up to 10 cars, should be located at a distance of 10 or more meters from the windows of the house;
- parking for cars, designed for 50 units, must be equipped in accordance with all the rules established by the Sanitary and Epidemiological Service (SES) of the Russian Federation.
If violations of the above requirements are found, you can file a complaint with various authorities.
Authorities with jurisdiction over this issue:
- Environmental Inspection;
- Fire Department;
- Engineering inspection;
- Other.
The provisions of this law apply to contractors involved in the construction of houses and decoration of yards. Therefore, contractors try to get as much land as possible when designing residential buildings in order to take into account all the subtleties.
Almost all houses of modern construction are equipped with parking in accordance with the law. But most of the houses of the old building do not have these parking lots, as they were built in accordance with a standard project, so there are often problems with parking cars near these houses. By contacting the above authorities, you will be able to influence unscrupulous owners of vehicles that park incorrectly.
However, the norms on parking rules are contained not only in this law. There is another significant legal act that is well known to every vehicle owner.
Traffic rules on parking on the territory near a residential building
The main law for every driver is, of course, the Rules of the Road. It is important to note that it extends its action not only to situations that arise on the road, but also regulates car parking near apartment buildings.
This law establishes a number of the following provisions:
- It is forbidden to park near the house for more than five minutes if the car engine continues to work. Parking is allowed in order to drop off or pick up passengers in order to transfer cargo. The fine that you can get for long-term parking in winter to warm up the car varies from 1,500 to 3,000 rubles, depending on the region;
- The same penalty will be imposed on drivers of heavy vehicles. It is forbidden to put them near houses, since trucks and vehicles weighing more than 3.5 tons must be located in a specially designated parking lot;
- Parking near garbage containers will cost you between 2,000 and 5,000 rubles, as this makes it difficult to take out the garbage. Do not forget that it is forbidden to park the car near garbage cans if the distance is less than 5 meters;
- It is difficult to accurately determine the fine for parking a car that blocks the passage of other vehicles, including specialized ones. This situation can turn into a major problem, for example, in a fire or rescue operation. Penalties are different, they are assigned by the inspector in accordance with the Administrative Code of the Russian Federation;
- It is not uncommon for residents to make separate parking spaces for themselves, forbidding everyone else to put their cars there. This act is prohibited and entails a fine of 5,000 rudi;
- Vehicles parked on the sidewalk are currently allowed to be evacuated. Drivers of these vehicles will not only have to pay a fine of 2,000 rubles, but also pay for the evacuation itself. However, parking on the sidewalk is not prohibited if there is at least 2 meters for pedestrians to pass.
Do not forget that parking on lawns in any case is prohibited. The absence of a fence near the lawn has a negative impact on the situation with the parking of vehicles.
Therefore, if you see a neighbor's car on the lawn who, for one reason or another, was unable to choose a better parking spot, you have every right to file a complaint.
However, remember that in summer this complaint should be filed with the traffic police, and in winter - with the sanitary services (if the car takes a place right in front of your windows). This distinction exists due to the fact that, due to snow, it is impossible to draw a line between the lawn and other areas surrounding the residential building; in this case, contacting the traffic police will be useless. It is not uncommon for motorists to successfully litigate a fine for parking on a lawn, which was issued precisely in the winter season.
Responsibility for incorrect parking in yards
If you are completely unhappy with the fact that someone is parking under your windows, then you can influence this without contacting any organization.
To do this, perform the following steps:
- photograph and videotape violations;
- contact the traffic police officer to visit your yard;
- inform him about this problem and provide all photo and video materials.
After drawing up the protocol, the inspector will issue the appropriate fines. Sometimes motorists violate sanitary standards, in such cases it is also necessary to photograph and film recorded violations, and then contact certain authorities.
Sometimes even a fire inspector has the right to issue a fine. This happens, for example, when a parking lot interferes with the passage to a burning house. Bringing to the attention of inspectors information about improper parking can also be carried out by employees of management companies. For example, in case of violation of the law on parking at garbage cans. In this situation, they have the right to call a tow truck to carry out the removal of household waste from the territory.
How to legalize a parking space near your house
Free privatization will be if the person who owns the residential premises has the right to part of the property assets of the house.
If you bought an apartment in a house, then you already own a parking space (if the apartment is on the balance sheet of the house).
Registration of a parking space can be carried out both by the owner of the apartment and by persons living in the same entrance of the house.
Remember that after the privatization of a parking space, you will have to pay the corresponding taxes without fail.
To renew the rights to a parking space, protect it from all other places in one way or another (for example, using a special fence).
Ownership of a parking space through privatization will arise if the space has the following dimensions in length and width:
- the minimum size is 5.3x2.5 meters;
- the maximum maximum size is 6.2x3.6 meters.
If all the requirements are met, there should not be any difficulties in reissuing. If there is no parking in your backyard, organize it yourself.
To do this, be sure to read the following legal provisions:
- the distance between the common car park and the windows of the house must be at least 10 meters;
- the distance between parking for 10 cars and the windows of the house must be at least 15 meters;
- the distance between parking for 50 cars and the windows of the house must be at least 50 meters;
- when organizing parking for 100-300 cars, it is necessary to draw up an appropriate project;
- a house whose height is 28 meters or more requires at least 2 exits at the parking lot;
- the distance between the car park and the windows of the apartment building must be at least 50 meters.
Remember that car parking should in no case block the passage for pedestrians and the passage for other vehicles.
To register a parking space and obtain the right to own it, perform the following steps:
- register a plot of land with Rosreestr;
- determine the area of the site;
- take ownership of the property.
Contact the relevant authorities to obtain permission to re-register a parking space. The rules for issuing such a permit are contained both in the Housing Code and in the Land Code of the Russian Federation.
Registration of the site is permissible only after the house has been commissioned, and the boundaries of the site have been determined. This issue is within the competence of local governments, which will use various information from regulations, rules and cadastral registration.
If discrepancies are identified between the documented information and the situation prevailing at the site to be formalized, in fact, change the purpose and type of operation of this site.
To privatize a parking space in 2018, in accordance with the legislation of the Russian Federation, prepare:
- documents confirming your right to living space in the house;
- documents received from the engineer;
- documents in which the area of \u200b\u200bthe territory located near your home is fixed;
- a document according to which 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 you draw up a package of necessary documents.
In the event of a dispute over a parking space, be sure to draw up a statement of disagreement. It can be drawn up in the judiciary or by a cadastral engineer.
If there are no disputes, then the whole process comes down to the distribution of places between persons who own a common parking lot. Privatization is free, however, fees may apply for various certificates that will be required at certain stages.
Numerous enmity between neighbors on the basis of improper and illegal parking completely changes the attitude of the residents of the house towards each other. Therefore, these disputes often end in litigation.
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But if the residents of high-rise buildings knew about the existing laws, then they would not have to endure exhaust gases for a long time, listen to the loud sound of car alarms roaring in the early morning, the sound of a motor, and in the end, spend their nerves on daily trials.
Who is responsible for off-street parking
- prohibits the construction of organized or unauthorized parking at a distance of less than 10 meters from the housing estate, table. 7.1.1;
- it is not allowed to park a truck within a radius of 50 m from the premises, except for commercial vehicles;
- not allowed to stay near the house for more than 5 minutes with the engine running;
it is forbidden to drive into the landscaped area near the house, including the playground, the sidewalk in the yard, the lawn, the fence. The offense threatens with a fine, the amount of which will depend on the region;- you can’t leave vehicles in the yard at the turn, it becomes the second row, hit the curb.
How to do it legally
Legal parking near your residential complex is quite possible, although its organization will require quite a 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 presence of all the necessary permits will ensure the case a quick move. 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 general compromise.
When arranging parking, the following main points should be considered:
- an apartment building should be legalized, that is, private property (apartment) should be privatized and land surveying should be done;
- parking should be commensurate with the residential complex (no more than 50 places), in which a place for the disabled must be allocated;
- the issue of the number of places for the disabled is decided by the 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 improvement department for consideration, as well as the traffic police;
- the application is written in a 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 of Rospotrebnadzor together with engineering services will be required;
- the question of the need to conclude a lease agreement for land may also be raised, in the absence of the right to part of the local area;
- do not forget that near-house parking may be prohibited by the decision of the residents, therefore, the adjacent territory will be free space.
traffic rules 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.
Table 1. Penalties for non-compliance with traffic rules.
Art. Code of Administrative Offenses of the Russian Federation Type of violation Tax amount Failure to comply with the rules established by signs or markings on the carriageway, prohibiting the suspension or parking of vehicles. 1 500 rubles Other parking offenses Penalty up to 5,000 rubles. + evacuation 12.16 p.2 Illegal U-turn in violation of the requirements, signs or indicators of the carriageway Recovery from 1000 to 1500 rubles. 12.19 p.2 suspension or parking in places designated for temporary stopping or parking of disabled cars The penalty rate is 5000 rubles. + evacuation 12.19 h.3-6 Suspension or parking of a car on a pedestrian area, with the exception of a forced delay, or an offense of temporary parking of a car on the sidewalk, which provoked an obstacle to the movement of pedestrians Penalty 1,000 rubles. (for autonomous cities 3,000 rubles 12.19 hours 3-5 Other offenses of stopping and parking a car Warning notice or collection of 1,000 rubles (for the largest districts, 2,500 rubles) Exceeding the noise level or toxicity of the machine Warning or fine of 500 rubles part 1-2 Failure to comply with the rules established for the movement of cars in residential areas Punishment 1500 rubles. Where to complain
Cluttering personal transport passages and pedestrian areas is a real problem of the 21st century, so lawyers recommend creating written applications for car owners to the traffic police.
Residents of the houses are endowed with a legal right to the sanitary inspection, fire service, environmental organization, as well as the engineering service of the area.
Sanitary standards
Regular conflicts arise due to the lack of at least a unified position in the regulations and laws regarding parking rules.
The leading document that guides when adjusting the standards for arranging a parking area in 2020 is sanitary standards No. 2.2 1/2. 1/1. 1200-03.
According to this document, you should:
- The distance from the residential area to the parking area is at least 10 meters.
- Open parking for up to 50 cars is allowed subject to the conditions of the Sanitary and Epidemiological Supervision Service for the improvement of adjacent territories, taking into account the total area.
Table 2. Determination of the distance from the walls of structures to the parking lot.
Designated structures Permissible distance in meters for a certain number of vehicles Playground capacity 10 and below 10 -50 50 -100 100-300 300 + Residential buildings, including ends of structures without window openings 10++) 15 10++) 25 35 35 Public buildings 10++) 10++) 15 25 25 Institutions of a medical nature (open, closed), places for recreation 25 50 +) +) +) Preschool institutions, secondary schools 15 25 25 50 +) +) the permissible distance is determined by the State Sanitary Inspection;
++) for structures with type III-IV fire resistance, the distance is supposed to be at least 12 meters.Arrangement
Arrangement of parking lots implies the presence of all necessary paraphernalia for the safety of pedestrians and vehicle owners.
Horizontal marking includes competent application of:
- parking markings;
- direction arrows;
- numbering;
- center lines;
- individual elements.
A professional approach and taking into account important factors, including small details, will make it possible to delimit the common territory as efficiently as possible, while significantly increasing the number of parking spaces:
- The installation of signs consists of the installation of traffic signs.
- Installation of metal posts.
- Flexible rubber posts.
Most of the citizens of our country live in apartment buildings. Many residents have a car. Therefore, everyone should know the rules for parking in yards and, of course, in other places in the city. If each driver strictly follows the parking rules according to the rules of the road, then there will be much less problems.
Putting the vehicle in any place convenient for the driver is not a bad idea. But will it be convenient for other road users? No! When parking under the window of his house, not every driver thinks about the rules of parking. Often you can find cars at the entrances that block the entrance to the house. Is it possible to park like that - of course not. If an ambulance or fire truck arrives, access to the entrance will be closed. In order not to interfere with other road users and not create conflict and emergency situations, parking rules were invented.
What can not be done in the courtyard of a high-rise building
- It is forbidden to leave. These places are necessary for pedestrians.
- Block the passage to the yard.
- Park the vehicle near the entrance. The rules prohibit parking closer than 10 meters from the entrance to the entrance. This measure is mandatory. It is necessary for constant access to the house in case of fire or when calling an ambulance for a sick person.
How to properly park a vehicle in the yard
Most drivers, despite all the rules, park the way they want. As a result, along with complaints from neighbors, drivers often find damage to their car.
There is a special law that explains how a vehicle must be parked. It says that the vehicle must be parked in a strictly designated place.
- Paid parking near the house.
- Special places in the courtyard of a high-rise building.
In practice, there are very few such places, there are always enough of them, and sometimes not at all.
How to be
As a result, it turns out that the driver has nowhere to put his car. But it will not be possible to get additional places from the housing and communal services, so it is necessary to look for an alternative option. There are only two options - buy a garage or use paid parking. But even here, not everything is going smoothly - not everyone has the funds for a garage, and parking is not cheap either.
In this case, you need to come to the traffic police and explain the situation. If your vehicle does not interfere with people, then there will definitely be no claims from neighbors and law enforcement agencies.
Garbage bin parking
You can often see how drivers park cars next to garbage cans. You can’t park like that either, because you make it difficult for a special service to access it. The minimum distance allowed for parking a vehicle is 5 meters.
Do not forget about the sidewalks, if a sign is installed that allows parking in this place, then you can safely park the car. Otherwise, it is prohibited.
At the same time, parking on the edge of the sidewalk is possible, provided that the vehicle does not interfere with pedestrians and block the road.
What else is unacceptable in the yards
- Do not leave vehicles with the engine running for more than 5 minutes.
- It is forbidden to leave a car in a place where pedestrians walk.
- Freight vehicles weighing more than 3.5 tons must stand in special parking lots.
- You can not arbitrarily put fences for personal parking.
Sidewalk parking
The sidewalk is a place for pedestrians to move. Few people know whether it is allowed to park your car on the sidewalk. But improper parking can greatly spoil the mood of the driver, because there is a fine for violation of parking rules.
The fine for parking on the sidewalk is 1,000 rubles in Russian cities; in Moscow and the northern capital, the fine is 3,000 rubles. But besides that, that will entail additional costs.
It is also impossible to leave a car on city lawns if there is no permit sign. Such a violation is punishable by law, the offender will have to pay 5 thousand rubles.
Where to park a car
The vehicle must be parked in the following places:
- in special parking pockets near buildings;
- in paid parking lots;
- in places where appropriate signs are installed.
Often there are signs on the streets that allow parking on even or odd days of the month.
How law enforcement agencies find out about violations
People who are tired of enduring offenses and inconvenience due to improperly parked cars begin to complain. Complaints go directly to the traffic police. They do it like this:
- photographs of the vehicle are taken;
- on the official website of the traffic police, a special complaint form is filled out and photos are uploaded;
- after verification, fines are issued to the owner of the vehicle.
It is important to know
It is better not to violate the parking rules and leave your car in the right place. After all, this violation can end not only with a fine, but also with broken windows.
Respect each other, park your car correctly!
Car parking rules - SDA updated: December 30, 2018 by: admin
