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:

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• 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”.

Can residents install a barrier to restrict entry into the local area?

Yes they can.
But for this it is necessary to obtain approval at a general meeting of premises owners (clause 2, part 2, article 44 of the Housing Code of the Russian Federation). To install a barrier in the local area, at least 2/3 of the votes of the owners must be obtained. Next, you need to carry out a cadastral registration of the land if the boundaries of the adjacent plot are not marked, since the owners can dispose of it based on its boundaries.

Each resident should be able to open the barrier, since owners have the right to unhindered access to their home and equal rights to park personal vehicles in the courtyard of the house.

At the same time, it must be borne in mind that unauthorized removal of the barrier may entail civil or administrative liability (Article 19.1 of the Code of Administrative Offenses of the Russian Federation “Arbitrariness”).

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.

Pedestrians are a priority

Having seen the “Residential zone” sign, the driver must reduce the speed to 20 km/h and be extremely careful, because in this zone he loses all his advantages. According to the rules, no vehicle should interfere with pedestrians who have the right to move on the roadway.

If the driver sees a sign, as well as in cases where there is no sign and a car approaches such an area, it is necessary to give way to cyclists and pedestrians. Entry into the residential zone line is possible only if necessary: ​​if you live in one of the houses or come to visit, pick up a child from kindergarten, school, etc.

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.

Residents' rights

Summarizing the requirements of the regulations described above, we list the main rights and obligations of apartment owners regarding parking:

1. The entire area around the house is the property of the residents.
2. If 2/3 of the residents agree to organize a parking lot, they have every right to arrange the local area in accordance with their vision of the parking lot.

The rights of residents must be supported by two documents: a) minutes of the meeting of apartment owners with a decision on organizing parking and the necessary signatures; b) a certificate from the authorities on the size and composition of the local area.

When exercising their rights, residents should not forget about sanitary standards and traffic rules.

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.

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Table of contents:

• Sidewalk - what is written in the law
• Who can park on the sidewalk (exceptions to the rules)
• How much is the fine for parking on the sidewalk?
• From whom should we expect a fine?
• Who can record a parking violation on the sidewalk?
• How to appeal a fine if issued by mistake
• When to pay and how to save
• What happens if you don't pay
• There is a higher fine for driving on the sidewalk

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.

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.

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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.

Sidewalk - what is written in the law

The definition of a sidewalk in paragraph 1 of the traffic rules: “A sidewalk is an element of the road intended for pedestrian traffic and adjacent to the roadway or bicycle path or separated from it by a curb.”

The controversial point is that the curb is no more than a centimeter in height, it is easy to miss it and accidentally run over the sidewalk. The driver of another car at the same place received a fine and took the car from the impound lot. From the point of view of the traffic police, this is a violation, but the decision can be challenged. How to do this, read below Source: 74.ru.

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.

From whom should we expect a fine?

The traffic police officer still has to prove the wrong parking. This is especially difficult if the offender stayed for half an hour and left. The basis for a fine may be:

• testimony of witnesses to the violation - a photo can be attached to the complaint on the traffic police website. Muscovites can send a complaint through the Moscow Assistant mobile application.
• video recording from a security camera - a traffic police officer will watch it, give an opinion, and the inspector will make a decision.
• the video recording made by the witness can be transferred to the inspector as a copy on a flash drive or any other medium. The traffic police officer will attach the recording to the case.

The information is stored on the traffic police server - you can check it at any time. To check how much the fine is for parking on the sidewalk, you will need: the STS of the car and its license plate number.

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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.

Fight against violators

The traffic police do not patrol the yards, so the problem with parking violators will not be solved by itself. Of course, residents themselves can take illegal measures (scratch the body, damage the tires, and so on), unfortunately, quite often this is exactly what happens. But these methods can lead to an even greater aggravation of the conflict, and if the pest is caught, then to problems with the law.

It is much more effective to deal with a violator within the framework of the law. To do this, citizens have 4 ways:

1. Call the traffic police.
2. Submitting a written application.
3. Filing a complaint via the Internet.
4. Filing a complaint through the application.

The simplest method of punishment is to call the traffic police directly to your yard. Another advantage of this method is that the violator will not only be fined, but also have the car towed. But this method also has a rather significant disadvantage - you will have to wait quite a long time for the traffic police officers; perhaps during this time the offender will have time to remove his car. You can call inspectors by calling the general number 102 or by calling the number of the duty station in your area.

A written complaint is submitted to the traffic police department. It is drawn up in free form, but must have evidence - photographs, which must clearly depict the violation itself and clearly show state registration numbers.

A more convenient option for filing a complaint is using the Internet. You can complain about a violator both through the official website of the traffic police and through special applications for smartphones: “Moscow Assistant” - for residents of the capital, Spot - for residents of the regions. Any of these methods speeds up the process of filing a complaint and relieves the citizen of the need to visit traffic police departments. But filing an online complaint should also not be groundless: it must be accompanied by photographs or videos that prove the fact of the violation and clearly display the vehicle’s license plate number.