Is it possible or not to park cars in the courtyard of houses under the new law?

Comfort is a natural human desire. It consists of millions of different aspects, among which there are some deeply personal parameters, and social, communicative ones. A car has long been a necessity of life, but in addition to the period of its operation, a considerable period is required for parking. This is where a conflict of public interests sometimes arises, when one party needs to park a car near the house, but the other is not satisfied with this for one reason or another.

Parking in courtyards often causes scandals and even lawsuits. Is it possible to place it under windows, near playgrounds, on lawns, sidewalks, etc. – these questions arise in cities all the time. We will dedicate this article to them, carefully examining all the details of the legality of parking for vehicles.

Is it possible to leave a car in the yard in 2021?

Yes, you can. As we have already indicated above, today this ban is not in effect. However, the authorities authorized to issue fines for parking in the yard may not know about this or simply abuse your possible ignorance.

The paradox is that in 2021, the supposed ban on parking a car in the local area is being actively discussed. However, it was he who was canceled from March 1, 2021. And before that, the situation was even more absurd: you had the right to park your car in any other person’s yard, but in your own it was prohibited.

So, let's start looking at the chronology of the introduction of these rules.

SanPin prohibition of parking in the local area

More than 10 years ago, the Chief Sanitary Doctor of our country issued a special regulation in order to regulate the situation in the courtyards of residential buildings. This document is called SanPiN 2.1.2.2645-10.

It was in it that legislators indicated a ban on parking cars in courtyards. However, not in all cases.

• Clause 2.3 of the said SanPin regulates an exhaustive list of possible objects on the land plot of the local area, among which “guest parking of vehicles” is provided.
• And, most importantly, clause 2.10 prohibits the organization of any parking lots in the courtyard of a residential building, except for the guest ones mentioned above.
• At the same time, Article 35 (Part 3) of the Town Planning Code of the Russian Federation directly states that parking for vehicles is allowed in courtyards.

Does all this mean that parking cars near the house where we live is prohibited? In fact, the above norms of legislative acts were a long time ago and are not true today. We'll talk more about this below.

The Supreme Court banned parking in the courtyards of residential buildings - is this true?

Meanwhile, this state of affairs has been challenged more than once in Russian courts. One of the most striking and significant judicial acts is the Appeal Ruling of the Supreme Court of the Russian Federation No. APL18-470. It was there that a motorist who was fined for parking in his local area filed a complaint about the contradiction of the above-mentioned SanPin with higher-priority federal laws, including the Town Planning Code.

However, the Supreme Court clarified that there is no contradiction in this case. After all, the code only indicates the obligation to organize parking lots in courtyards. And SanPin clarifies that we are talking about guest parking.

Thus, it was still impossible to park your car in the courtyard of the house if you live in this house - that is, to use the parking lot in the mode of constant preferential use of it. This is the opinion of the high court.

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So is it possible to park the car today? New law

However, all of the above does not make significant sense in 2021.

The thing is that SanPin 2.1.2.2645-10 has lost its legal force due to the publication of a new document - SanPin 2.1.3684-21. And it was in the latter that the ban on parking cars in the courtyard of any area near residential buildings was lifted. You simply will not find such a ban in the text of the new legal act.

But there is an important nuance!

There must be at least 10 meters from the parking area to the residential building. This is already prescribed by the third SanPin number 2.2.1/2.1.1.1200-03.

Its table 7.1.1 indicates the requirements for the minimum gaps between transport storage areas and to the facilities of the structure. And for the smallest parking lots, a minimum of 10 meters is provided here.

However, these requirements relate specifically to the design of the territory during development and operation, so the likelihood of running into a fine in this case is small.

However, if suddenly a traffic police crew arrives in the yard, then do not forget to take into account section 12 of the traffic rules, which contains much more realistic traffic police fines. Please note the following requirements:

• in any case, it is prohibited to park on the sidewalk, both in the yard and on the road, unless there is a permit sign with a sign,
• also, if there is no permission sign, you can only park the car in one row parallel to the road,
• there must be at least 3 meters between the opposite edge of the roadway and your car; and, if there is a continuous marking, then up to it,
• stopping is permitted no closer than 5 meters before the intersection of roadways,
• It is also prohibited to cover road signs if they are in the yard,
• You must not block the movement and exit of other vehicles.

And now as for the roadway and the road in general in the courtyards. Many car enthusiasts believe that a yard is an area adjacent to the road. Consequently, it is not expensive in itself and does not contain them. This is an incorrect judgment, and it contradicts the opinion of the Supreme Court, which is precisely what the inspectors and lower judges are guided by.

Fine for parking in a green zone

And another important subtlety is parking on the lawn. Please note that in this case, a “lawn” is not always considered to be a layer overgrown naturally or artificially with grass or other plants. There is a more expanded interpretation here, which is contained separately in each legislative act of a constituent entity of Russia - a region or even a city. Most often, so-called “green zones” are marked on maps, and based on them, fines are issued.

The fines themselves also depend on the specific region or even city. On average, they range from 2 to 5-7 thousand rubles for citizens.

The legislative framework

The Housing Code of the Russian Federation provides that the owners of premises in an apartment building (apartment building) also own common property, including the land plot on which the building is located and some area around it (Article 36). The same regulatory legal act contains a mention that the local area is the land in the immediate vicinity of the building that belongs to all residents in accordance with their shares in the common property.

Government Decree No. 491 dated August 13, 2006 (as amended on September 13, 2018) states that the boundaries of such a site, including landscaped and green elements, are determined on the basis of information from the Unified State Register of Real Estate, if cadastral registration of the land was carried out. If it is not formed, then the territory belongs to the municipality. In each specific case, the size and boundaries of the land plot are individual.

In 2021, there is no law prohibiting parking in the local area in the courtyard of an apartment building. On the contrary, citizens, according to the Civil Code, have the right to freely stay on land plots that are not closed to public access (Article 262) and use common property.

Is it allowed to park a car in a neighbor's or someone else's yard?

Above we have already described a rather absurd situation with the previously valid rules. According to them, you had no right to park your car in your yard. And in strangers - as much as you like.

Thus, a loophole emerged - it was enough to simply agree with the residents of neighboring houses to change places. Local government officials who came to fine negligent motorists would then be able to provide documents stating that you do not live where you parked. And a fine for parking in the yard of a house would be illegal. Of course, few people thought of this method.

But, we repeat, in 2021 you can park your car in the yard of both someone else’s and your own home. This is not prohibited by any regulation. However, there are restrictions and subtleties when you can still get a fine.

How to organize parking in the local area

After a corresponding decision has been made at the general meeting of residents, which is reflected in the minutes, the site should be allocated to common shared ownership. In order for the organization of parking in the local area to be successful, it is better to appoint an initiative group in advance, which will go through the authorities.

HOA is an element of self-government that allows you to agree on what will be carried out. After agreement with the residents, interaction with local authorities begins.

Where to get permission

With the minutes of the meeting, you should contact the district land resources and land management authority (committee or department) with a request to allocate a plot for a parking lot. The application must reflect general information about the HOA, the applicant and the surrounding area. When permission is received, an application should be made to the traffic police and the architectural committee (department) of the municipality.

Procedure for drafting

To develop it you will have to hire a specialist. He will develop a project, draw a plan on how to arrange a parking lot near the house for a car. After agreement with the owners, you can begin to develop the territory. It can be limited by a barrier and equipped with an alarm. Security guards are often hired.

Design features for disabled people

Seats for persons with disabilities are marked in a special way and marked with a sign. The width of the platform is at least 3.5 m. This is explained by the reduced maneuverability of people with disabilities and the need to open the doors without interference when exiting the cabin.

Preparation of necessary documentation

The application should be accompanied by the minutes of the general meeting at which the decision to create a parking lot was made, and a certificate of the composition of the local area obtained from the Department of Inventory and Real Estate Valuation.

What about trucks?

In addition to the listed SanPins and codes, there is also a main document for drivers - Traffic Rules. And they still prohibit trucks with a permissible maximum weight of more than 3.5 tons from being parked in yards. This is prescribed by paragraph 17.2 of the traffic rules.

But pay attention to two important subtleties in this rule:

• we are talking specifically about parking – that is, a stop lasting more than 5 minutes; in addition, parking for more than five minutes is not considered parking if it is associated with loading/unloading cargo or boarding/disembarking passengers,
• If there are markings allowing trucks to be parked in the yard, then the ban ceases to apply.

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.

Is it possible to warm up the engine near houses in 2021?

Yes, if it takes less than the same 5 minutes.

The same clause 17.2 of the Rules applies here, which also specifically prohibits parking with the engine running in any vehicle in residential areas, as well as in courtyard areas.

And again we go to the definition of parking and see that this is parking lasting more than 5 minutes. We mean that if you manage to warm up the engine during this time, then you are not violating anything. If you don’t make it in time, you will be fined under Part 1 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation in the amount of 500 rubles.

Another question is who and how will be able to identify the fact that you have been standing with the engine warming up for more than 5 minutes. Local governments are not authorized to issue such fines. And traffic police officers detect traffic violations in courtyards very rarely.

Please also note that the exception is disembarking/embarking passengers and/or loading or unloading luggage.

General concept

In the traffic rules, a residential zone is an area in which houses, public or social facilities, and vehicle parking are located. This territory also includes healthcare and educational facilities, garage cooperatives and other places associated with human habitation. This concept also includes courtyard areas and planting areas.

According to traffic regulations, a residential zone is an area marked with an appropriate sign. Usually, at the entrance to such an area, sign 5.21 “Residential zone” is installed. At the place where sign 5.22 is installed, the territory ends and traffic rules in the populated area begin. In practice, such signs are not found everywhere. By default, the territory of a residential zone begins from the entrance to the courtyard to houses, hospitals, schools, etc. Section 17 of the traffic rules strictly regulates the requirements for drivers who move in a residential zone.

In fact, a residential zone is a residential area, the entry and exit of which are indicated by appropriate signs. This zone may have a network of its own local streets.

A residential zone sign may:

• be installed in front of the courtyards of the residential area;
• designate an area of ​​densely populated private sector;
• allocate a shopping or business area.

Is it allowed to wash a car in yards?

No. It is forbidden. And it was always like this, unlike parking. In this case, the ban on car washing directly stems from clause 135 of SanPiN 2.1.3684-21.

However, this document does not contain an expanded interpretation of the word “washing”, therefore, the one who has the right to draw up a protocol on the relevant violation is authorized to determine the criteria for this process. This is where controversial situations arise. Of course, you are unlikely to get a fine if you simply wipe the car with a rag. But questions arise regarding dry washing, if you do not drain the water and so on.

Can I repair, fill and drain gasoline?

In the same paragraph 135 of SanPin there are separate requirements not for repairs in general, but for individual procedures. So, for 2021 in the courtyards of houses:

• it is impossible to regulate the operation of the engine,
• brake system,
• car horn.

In addition, the same clause expressly prohibits draining oil and any fuel, including diesel and gasoline. But nothing is said about refueling - which means it is not prohibited.

What other prohibitions for courtyard areas according to traffic rules?

Please note a number of requirements of the Rules for residential courtyards:

• you are obliged to give way to pedestrians even within the roadway in the yard (clause 17.1 of the traffic rules), and pedestrians have the right to walk along it,
• when leaving the yard, you must also give way to pedestrians and cars, as when leaving the adjacent territory,
• In addition, the Rules prohibit through traffic and instructional driving in residential areas.

Another important requirement is clause 19.3 of the traffic rules, which obliges the driver to turn on the side lights when parking in any unlit place. Alas, if the courtyard area is not illuminated, then formally you must fulfill this requirement, otherwise a fine under Article 12.20 of the Code of Administrative Offenses of the Russian Federation in the amount of 500 rubles. The fact that you parked the car overnight, and during this time the dimensions will drain the battery in your car, does not bother anyone.

Something else useful for you:

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Features of contacting the local administration

The collected documents are transferred to this organization, after which you need to wait for a decision. It will be sent in writing by mail to the applicant's address.

Usually a decision is made within a month, but if administration employees need to find out various unusual facts and nuances, the verification may take longer.

If the project is approved by the administration, then it is necessary to contact Rospotrebnadzor so that the employees of this institution issue a positive conclusion, on the basis of which it will be possible to create parking spaces. If a refusal is received, then you need to find out the reasons for this decision.

Usually they are related to the fact that there are errors in the project, the necessary documents were not provided, or the territory is not registered in the cadastral register, so it will first need to be registered.

Important! All citizens who receive parking spaces must be prepared to pay a tax for the land, as well as to maintain and develop this territory at their own expense.

What are the fines?

Now let's look at all possible penalties for traffic violations in the courtyards.
Table of fines for violations in yards

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).