Numerous enmity of neighbors on the basis of incorrect and illegal parking, completely changes the attitude of the residents of the house towards each other. Therefore, these disputes often end in legal proceedings.
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But if the residents of multi-storey buildings knew about the existing laws, then they would not have to endure the exhaust gases for a long time, listen to the loud sound of car alarms roaring in the early morning, the sound of the engine, and in the end, waste their nerves on daily proceedings.
Who is responsible for parking in the yard
- prohibits the construction of organized or unauthorized parking at a distance of less than 10 meters from the housing estate, tab. 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 with the engine running for more than 5 minutes;
it is forbidden to enter the landscaped area around the house, including a playground, sidewalk in the yard, lawn, fencing. The offense is subject to a fine, the amount of which will depend on the region;- you can not leave vehicles in the yard at the turn, 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 availability of all the necessary permits will ensure a fast course of business. 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 common compromise.
When organizing parking, you need to consider the following main points:
- an apartment building should be legalized, that is, privatize private property (apartment) and make landmarks for land surveying;
- the parking lot must be commensurate with the residential complex (no more than 50 spaces), in which a place must be allocated for the disabled,;
- the issue of the number of places for disabled people is decided by 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 department for improvement for consideration, as well as the traffic police;
- the application is written in 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 the higher authorities must comply with the projection with respect to technical standards;
- the decision of the territorial administration can be either positive or negative. If approved, the final agreement of Rospotrebnadzor will be required together with engineering services;
- the question of the need to conclude a lease agreement for land may also be raised if there is no right to a part of the adjacent territory;
- do not forget that the parking lot near the house may be prohibited by the decision of the tenants, therefore, the adjacent territory will be free space.
Traffic requirements
Traffic rules are a fundamental law for the owner of any type of transport, and therefore must be complied with both on the road and in the courtyard.
Table 1. Fines for non-compliance with traffic rules.
Art. Administrative Code of the Russian Federation Type of violation Tax amount Failure to comply with the norms established by signs or markings of the carriageway, prohibiting the suspension or parking of vehicles. 1,500 rubles Other parking offenses Penalty up to 5,000 rubles. + evacuation 12.16 h. 2 Illegal U-turn in violation of the requirements, signs or indicators of the carriageway Collection from 1000 to 1500 rubles. 12.19 h 2 suspension or parking in places designated for temporary stopping or parking of cars of disabled people The penalty rate is 5000 rubles. + evacuation 12.19 hours 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, provoking an obstacle to the movement of pedestrians Penalty 1,000 rubles (for autonomous cities 3,000 rubles 12.19 hrs 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) Excessive noise level or toxicity of the machine Warning or fine 500 rubles h. 1-2 Failure to comply with the rules established for the movement of cars in residential areas The punishment is 1500 rubles. Where to complain
The blockage of personal transport passage and pedestrian areas is a real problem of the 21st century, therefore lawyers recommend creating written applications for car owners to the traffic police.
Residents of houses are entitled to a legal right to the sanitary inspection, fire department, environmental organization, as well as the engineering service of the district.
Sanitary standards
Regular conflicts arise due to the lack of at least a single position in regulations and laws regarding parking rules.
The leading document, which is guided by the regulation of the norms for the arrangement of the parking area in 2020, is the sanitary standards No. 2.2 1/2. 1/1. 1200-03.
According to this document, it follows:
- The distance from the residential area to the parking zone 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 elements of the improvement of the 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 Allowable distance in meters for a certain number of vehicles The capacity of the sites 10 and below 10 -50 50 -100 100-300 300 + Residential buildings, including the ends of structures without window openings 10++) 15 10++) 25 35 35 Public buildings 10++) 10++) 15 25 25 Medical facilities (open, closed), recreation areas 25 50 +) +) +) Preschool institutions, general education schools 15 25 25 50 +) +) the permissible distance is determined by the State Sanitary Inspection Bodies;
++) for structures with III-IV type of fire resistance, the distance is supposed to be at least 12 meters.Arrangement
The arrangement of parking lots presupposes the presence of all the necessary attributes for the safety of pedestrians and vehicle owners.
Horizontal marking includes competent application:
- 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 area as efficiently as possible, while significantly increasing the number of parking spaces:
- Installation of signs consists of the installation of traffic signs.
- Installation of metal posts.
- Flexible rubber posts.
Alexander, it is better to let a car approaching from the right pass over rather than later trying to prove that it was leaving the adjacent territory. Since it is not clear by default whether the parking lot is an adjacent territory or not.
Good luck on the road!
Hello. Everything about the residential area and the courtyard is very interesting and it is much easier to resolve issues with violators than in a situation when the administration calls the passage past two houses from the side of the entrances a duplicate road and for this reason refuses to put any traffic restriction signs or at least speed. According to the cadastral map, residents of houses only own the land under the house itself, and it is not possible to solve this problem without the participation of the administration. and in the traffic police they ask the question why do not follow the children for the statement that from the entrance the children get straight onto the roadway.
Marina, Hello.
What exactly do you want to achieve in this situation? Do you want to use the road for something else?
Well, apparently, so as not to drive at high speed along the road (legally on the road, but in fact, the local area).
In general, artificial irregularities are usually made for such cases.
Well, another sign 3.2 would be good.
I fully understand the sadness of the locals. Instead of living in a quiet place, they were given a high-speed highway.
Minor children often ride ATVs by our house, which is in the private sector. The road also passes next to the playground, children on ATVs "fly" at a breakneck speed. We repeatedly called and complained to the traffic police. But we did not wait for the actions of the traffic police officers. The situation is heating up more and more every year. What to do and are there any methods of influence. It becomes unbearable to live and be afraid for the kids playing on the playground.
The supervisory authority over the traffic police is the prosecutor's office. You can complain about inaction.
Contact the administration of the settlement with a request to limit the speed on this section with the installation of appropriate signs (artificial irregularities).
Sergey-793
Hello! In our yard, without warning, work began on the improvement of the yard. Several cars were locked in the courtyard parking lot. On the phone, the chief of landscaping replied that parking inside the courtyard is a guest parking, and the car can be left on it for no more than 2 hours. Is it so?
Sergey, Hello.
1. I recommend that you find out on the basis of what documents such requirements are presented in the parking lot. There are yards where such requirements are established, but this is not so everywhere. In addition, the fact of guest parking does not give the right to "lock" cars.
2. If the car cannot leave the yard, then the culprit of the situation can be tried to be prosecuted for (20,000 rubles).
Good luck on the road!
An automatic barrier was installed near the house, but some kind of car constantly blocks the entrance or exit so that we can not annoy us and cannot enter the courtyard. What is the punishment for such drivers?
Love, call the traffic police and inform that the car is blocking the entrance. A tow truck will come and take the car for jamming. Also, the driver will be fined under Part 4 of Article 12.19 of the Administrative Code.
As a rule, one evacuation is sufficient.
Good luck on the road!
Dmitry-526
Hello. The management company at the entrance to the courtyard hung up a sign limiting the speed to 5 km / h and threaten to send data to the traffic police on violators. How legal is the action of the management company?
Hello. You can get ahead of the Criminal Code and "send data to the traffic police" about the violation of the Criminal Code itself.
in the traffic rules there is clause 1.5: ... It is forbidden to damage or contaminate the road surface, remove, obstruct, damage, unauthorized set up road signs...
If the sign is installed arbitrarily, it will be removed.
Good day! I am a resident of Krasnodar. Housing construction is actively underway in our residential neighborhood. Recently, it has simply become impossible to rest. Construction equipment is driving all night under the windows of our houses. Especially "get" concrete mixers with included mixers. In the morning I have not had enough sleep and "overwhelmed" trudge to work. And I have to carry out operations ... Is there any kind of authority for the builders who rumble at night? Thank you in advance!
Ivan, Hello.
This issue does not apply to road traffic, so I can only recommend that you independently study the Federal Law "On the Sanitary and Epidemiological Welfare of the Population" dated 03.30.1999 N 52-FZ and related regulatory documents.
In general, the procedure should be as follows:
Find norms for the maximum noise level at night;
Measure the actual noise level at night;
Find specialists who will draw up an act on exceeding the noise level;
Contact the regulatory authorities with a complaint.
Good luck on the road!
Hello!
Tell me, is it possible to somehow regulate, to restrict the exit of cars from the fenced-in quarter of new buildings, which goes directly to the entrance of a five-story building of an old building? The new quarter has several exits, there are bypass roads behind their houses, but the residents preferred to make these bypasses additional parking places, and in the overwhelming majority they began to leave along one "convenient" way. This gave a very high traffic of entry and exit, increased the threat of getting hit by a car and a child and an old person. In addition, if the car's brakes fail, and cars leave and enter at a speed far from 20 km / h, then the car can "enter" directly into the entrance of a residential building. Please advise how you can solve this problem?
Helena, Hello.
First, find out who owns the land in front of the specified entrance. If it refers to your residential building, then you can make a decision at a general meeting of owners about, for example, blocking the road.
If the land does not belong to the house, then it remains only to contact the traffic police with a request to install additional road signs restricting the movement of cars.
Good luck on the road!
Evgeniya-61
Hello, we have a road, there is a school along the road. There is a pedestrian crossing from the school across the street. Further, after 6-8 meters of the roadside green area, the inner courtyard area runs parallel to the carriageway, there is a blue sign at the entrance to it. In the courtyard territory there is a continuation of this pedestrian crossing, a fairly wide crossing (visually, by the way, is there a regulation for the width of the pedestrian crossing?). So the traffic police got into the habit of evacuating the cars parked along the house with the continuation of the pedestrian crossing in the courtyard territory. Ground - no 5 meters to the pedestrian crossing. Are the actions of the traffic police officers legal?
Evgeniya-61
Image:
Evgeniya, the actions of the traffic police are legitimate.
Cars should not stand closer than 5 meters from the pedestrian crossing.
Good luck on the road!
Dmitry-530
Hello, when leaving the residential area, the driver is obliged to let pedestrians pass, this is understandable, but when entering the residential area, this rule applies. It often happens that drivers fly into a turn between cars of the opposite flow, and generally do not look at pedestrians
Dmitriy, Hello.
Clause 8.3 SDA:
8.3. When entering the road from the adjacent territory, the driver must give way to vehicles and pedestrians moving along it, and when leaving the road - to pedestrians and cyclists, the path of which he crosses.
Good luck on the road!
Hello!
At the entrance to the courtyard, an asphalted heel (not a sidewalk, not a lawn, not marked with markings or curbs), away from the roadway, but directly adjacent to it, is usually used for parking cars. Cars are parked between the driveway to the courtyard and the driveway to the underground parking. The passage is not blocked. Thus, the car parked was evacuated to the penalty area. The protocol states: "parking in the second row on the carriageway." In words, the inspector explained that the car was not parked at the edge of the roadway and not parallel to the curb.
Are the actions of the traffic police officers legal?
Kirill, Hello.
Attach a diagram of the indicated location or a photograph of it.
Alexey-553
Hello.
Our management company drew pedestrian crossings in the courtyard. Is it legal?
Alexander-858
Is it legal to install a pedestrian crossing sign and draw a solid line in the area of the "residential area" sign? Initially, pedestrians were given priority in the area of the sign's coverage. And why is a solid line drawn in intra-block thoroughfares, where the speed is limited to 20 km / h, in order to reduce the number of parking spaces?
Alexey, Hello.
In general, the legislation does not prohibit the organization of pedestrian crossings in courtyard areas. As far as your question is concerned, I cannot answer it for sure, tk. I do not know if the organization of the crossings has been agreed.
Good luck on the road!
Alexander:
1. The legislation does not prohibit this.
2. Ask this question to the person responsible for organizing traffic on this street. The reason why the markings were applied must be known to him.
Good luck on the road!
Valery-109
I parked my car 100m from sign 5.21 at the entrance to the residential area and next to the entrance to the courtyard on the opposite side of the entrance to the courtyard. At night my car was evacuated to a parking fine, charged with Article 12.29.4 and a fine of 2000 rubles. Is this legal? The detention of the vehicle is explained by the distance of less than 5m from the vehicle to the intersection of carriageways.
Valery if the car interfered with the movement of other vehicles, then the evacuation is legal.
In this case, I recommend that you familiarize yourself with the case materials and understand whether the car really interfered with the movement of someone. This must be stated in the file. If there is no such information, then it makes sense to challenge the fine, because parking itself at a distance of less than 5 meters from the intersected carriageway does not entail evacuation.
The Supreme Court of the Russian Federation made an interesting decision after reading the case file of a resident of a multi-apartment cooperative building, who was forbidden by neighbors to park her personal car in the yard.
It is known that the courtyards of apartment buildings in almost all large cities have been closed for vehicles of unauthorized citizens for several years. Unlike the cars of tenants, who can call in and leave their cars under the windows of their apartments.
When the courtyards began to be massively closed from unauthorized cars, many hoped that now the citizens registered in the house should not have any disputes and conflicts with transport in the courtyards.
However, hopes were quickly dashed. Instead of some problems, others arose. Now tenants began to conflict over parking lots with each other.
In our case, this is what happened - the lady, in the opinion of the neighbors-car owners, parked incorrectly in the yard. Therefore, they decided: to prohibit the lady from entering the courtyard at all. This was the decision made by the general meeting of the car owners of the apartment building. In response, the lady went to court and demanded that she be provided with unhindered passage.
In court, it turned out that the barrier at the entrance to the courtyard of the house was installed legally. There is a parking lot in the yard. To get a place there, the car owner must submit an application to the HCC, attach a copy of the documents for the car, pay the fees for the equipment of parking spaces, get an entry pass and a key fob to the barrier. Who can enter the yard and park, and who can not, was decided by the general meeting of car owners at home.
Our plaintiff legally has an apartment in this house, is registered and lives there with her family. She, like everyone else, was given the coveted keychain and showed a place for the car. And two years later, the neighbors at the meeting decided to deprive the lady of a place in the parking lot inside the courtyard. The reason was recorded in the protocol as follows: "for violation of parking rules and entry rules." And they also decided to take away the keychain from the neighbor and return her parking fee. The lady deprived of her keyring went to court.
She lost the first trial. His decision says that "the defendant did not present any evidence of an obstacle to access to the plaintiff's dwelling. And the restriction on the use of the parking lot was established by the decision of the general meeting of car owners." The appeal agreed with this verdict. But the Supreme Court of the Russian Federation is not. In his opinion, the conclusion of his colleagues "does not meet the requirements of the law."
Here are the arguments of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. First, the Supreme Court cited the Civil Code (Article 262) - a person has the right to walk freely on state and municipal land if there are no restrictions prescribed by law. And, although the land under this apartment building was not registered in the ownership of the housing cooperative, in any case, according to the law, citizens have the right to demand "the elimination of violations of their rights."
Then the high court switched to the Housing Code and cited several of its articles at once. In particular, Article 37 states that it is forbidden to allocate shares in kind in the ownership of common property in an apartment building. And the general conclusion is that the owner of an apartment in a house has an "unconditional and inalienable" right to use the common property in the house. And in addition to the above - "any means of limiting or depriving the owner of the premises of such a right is not provided for by the current legislation."
The court had numerous facts that the plaintiff was prevented from entering the courtyard. Starting with an extract from the protocol - to exclude the parking violator of the right to enter the courtyard - until the money is returned to her for the improvement of the parking lot. This amount was transferred to the plaintiff's personal account.
The Supreme Court stressed that it did not take into account the district court, which refused the citizen. The first instance referred to the decree of the city government and the general meeting of residents, which talk about the rules of entry and parking in the courtyard. To this, the Supreme Court noted that this resolution of the city government did not say anything about the procedure for creating and using parking spaces in the adjoining territory, as well as about "imposing any restrictions on the right" of the plaintiff, as the owner of the premises in this house, and the use of the adjoining territory ...
The owner of the apartment has the "unconditional and inalienable" right to use the common property in the house. Including - a parking place
Another curious moment - the plaintiff's right to freely enter her yard is enshrined in the minutes of the general meeting of residents. The meeting of car owners at home deprived the citizen of the right to park. For some reason, the local court did not pay attention to this and agreed with the restriction of the owner's rights. Therefore, the Supreme Court recalled its plenum (No. 25 of 23 June 2015). It explained what is meant by a decision of a meeting of citizens - it is a decision of the civil society, that is, "a certain group of persons empowered to make decisions at meetings." From all the listed norms, the Supreme Court makes the following conclusion. One of the prerequisites for recognizing the decision of the assembly as the basis for the emergence or termination of civil rights and obligations is the presence in the law of an indication of the civil legal consequences for everyone who is concerned with the assembly. There is a list of governing bodies of the cooperative. It is listed in the Housing Code and is considered comprehensive. There is no general meeting of car owners in this list. Therefore, the decision of such an assembly cannot have any civil consequences for the tenant, and it is not provided for by law.
The Supreme Court ordered the local courts to reconsider the dispute in the light of its clarifications.
It is possible to arrange a guest parking in the courtyard of the MKD, but it cannot be used in any other way, including for permanent parking of residents' cars. This was indicated by the Supreme Court of the Russian Federation, considering the question - is it possible, in principle, to arrange such a parking lot under the windows of a residential building ().
The fact is that sanitary legislation allows this. According to and guest parking in the courtyards are allowed, but any other, except for guest ones, are not.
The citizen tried to challenge these provisions of SanPin because:
- in fact, in the adjoining territories, the most ordinary parking lots are organized under the guise of "guest" ones, and using such a "cover", of course, no one observes the prescribed sanitary breaks from parking lots to the facades of the house, children's, sports and playgrounds. And since these gaps are not met, then - logically - the hygienic requirements for the quality of atmospheric air and the noise level in the residential area are not met;
- and therefore, the presence of a parking lot in the courtyard of the house - even with the status of "guest" - violates the rights of the inhabitants of the nearest houses to a favorable living environment (Article 8 of the Federal Law of March 30, 1999 No. 52-FZ ""), the factors of which do not have a harmful effect on humans;
- and also violates the right to a favorable environment and its protection from negative impacts caused by economic and other activities (clause 1 of article 11 of the Federal Law of January 10, 2002 No. 7-FZ "");
- finally, it reduces the anti-terrorist security of residential apartment blocks and citizens living in them, in connection with which the controversial provisions of the SanPin contradict the requirements of the Federal Law of March 6, 2006 No. 35-FZ "".
The RF Armed Forces, considering the case in the first instance, refused the administrative plaintiff (). In concise and concise formulations, the RF Armed Forces explained that the contested provisions of SanPin do not contradict acts having a higher legal force, were adopted by the Chief State Sanitary Doctor of the Russian Federation within their competence, the rules for the preparation and state registration of the contested act were observed. And he did not add anything about how to strike a balance between the thirst for silence and clean air, on the one hand, and the need to park the cars of citizens, on the other.
This decision did not satisfy the administrative plaintiff, and he filed an appeal.
This time, the three judges of the RF Armed Forces again refused the plaintiff, for the same reasons: guest parking lots on the adjoining territory of the MKD are allowed by sanitary legislation, and there is no contradiction with other federal acts.
However, this time the argument was also considered that in fact the status of "guest" is given to the most banal "own" parking lot, where residents of the house park from evening to evening.
So, the practice of permanent parking of residents' cars - the Armed Forces of the Russian Federation directly indicated - in itself is a violation of the provisions of the Sanitary Rules.
Thus, the advocates of the idea of a "courtyard without cars" got a wonderful trump card in their hands: if they are persistent and persistent, relying on the legal position of the RF Armed Forces, they can prove that the so-called "guest" parking lot is constantly used not by guests, but by residents of the at home. This fact, in turn, is the basis for bringing tenants (and, possibly, MC MKD) to responsibility for or. And although this threatens with an increase in social tension and the risk of local "parking" wars, the tactics of "cleansing" the courtyards of cars contributes to the improvement of urban policy as a whole.
