The legislative framework
According to Law No. 131-FZ, citizens are free to resolve issues relating to their common property on the basis of non-state self-government.
Parking spaces in the courtyards of apartment buildings that are privately owned by residents belong to them and can be landscaped in accordance with the general meeting of residents . You can also find out about this in paragraph 1.4 of Article 36 of the RF Housing Code.
Residents of houses for which private ownership is not registered occupy living space under a social tenancy agreement.
Therefore, unlike owners, they do not have the right to take part in the general management of the local area.
To arrange their parking, they need to privatize the house and survey the area next to it.
Article 44 of the Housing Code of the Russian Federation states that only a general meeting of owners of a multi-storey building can resolve the issue of organizing parking . Article 46 of the Housing Code specifies that in order to approve a parking lot project, at least 2/3 of the votes of residents must be collected.
The meeting forms a delegate who will organize construction work and communicate with government agencies.
REFERENCE. The powers of the meeting also include: maintaining the parking lot in working order, hiring workers, and renting out the parking lot. By decision of the residents' meeting, it is possible to expand the parking lot and introduce a fee for it.
Parking spaces in the courtyards of apartment buildings: norms and rules
Parking organized by residents in the local area of an apartment building must meet several state standards.
For example, the fire safety standard. Parking in the courtyard of an apartment building must be equipped with fire partitions of the first type (made of brick and concrete) .
If the parking lot is adjacent to another building, emergency exits through the windows of that building must be provided. Vehicle storage areas should have no more than two spaces.
It is allowed to create special buildings for service personnel. The full list of firefighter requirements is specified in No. 123-FZ.
There are also sanitary and technical rules for parking in the courtyard of an apartment building, which must be taken into account when constructing a parking lot.
They are specified in SanPin 2.2.1/2.1.1.1200-03. According to table 4.4.1 of this document, the size of the parking lot directly affects the distance allowed for its organization next to a residential building.
For example, a parking lot for 10 or fewer cars can be located 10 meters from a residential building, and 25 meters from social facilities (schools, clinics, playgrounds) . Parking for more than 300 cars should be located 50 meters from both facilities.
REFERENCE. Nowhere is it stated what size parking lot residents must provide. SanPin says that it should be proportionate to the house.
According to sanitary standards, it is forbidden to organize an open parking lot for more than 50 cars. If the parking lot is designed for more than 500 cars, it cannot be located next to a residential area.
An underground garage has an advantage in this regard and can be located at any distance from a residential building . All parking lots for more than 100 cars must have road access to the citywide transport network.
Parking spaces in the courtyards of apartment buildings for the disabled
SP 59.13330.2012 regulates the standards of access for disabled people to parking lots near multi-storey buildings. According to it, 10% of parking spaces must be specially designed for disabled people.
They must be marked with special markings when constructing a parking lot..
However, the joint venture does not indicate whether disabled drivers need separate footage.
This means that it can be left the same as for other parking spaces. The parking lot must have special descents and ascents onto the sidewalk for wheelchair users.
What fine does a motorist face for repairing a car in the yard?
Sooner or later, most car enthusiasts are faced with the problem of independently repairing their car in the local area.
We are talking about improvised parking lots near multi-storey residential buildings.
And here two questions arise at once: what fine does a home-grown car mechanic face for repairing a car next to a residential building and for what specific types of repair work?
I am my own mechanic . For various reasons, motorists prefer to repair their cars themselves. Either they don’t trust car service specialists, or they don’t want to overpay for minor repairs that they can handle on their own. Or they themselves understand the structure of the car and have the skills to carry out such work.
Often, to repair cars, drivers use the parking lot of the apartment building in which they live.
It is worth recalling that not all types of car repair work are so harmless. And not in terms of safety, but in the form of financial consequences that significantly lighten the wallet of the owner of a moving vehicle. Many types of repair work are subject to a fine from the city service, reports avtovzglyad.ru.
What auto repair work is not subject to a fine? If we are talking about replacing a light bulb in a car's optics, or repairing a car's electrical system. Replacing spark plugs and changing the oil filter. In short, any type of work that does not pollute the environment and local area, does not disturb residents with sound signals, and does not interfere with the passage of public utilities and other transport.
What auto repair work is subject to a fine? According to paragraph 2.8 of the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 10, 2010. N 64, in local areas it is prohibited to drain fuel and oil, which will lead to contamination of this area, adjust sound signals, engine valves and brakes, and change engine oil. This also includes vehicle washing.
According to the Decree “On state supervision and administrative responsibility for violations in the field of improvement” of the Law of the Moscow Region of November 30, 2004, only pollution of the territory by a car, while it is parked or repaired, will cost the owner a fine of 3,000 to 5,000 rubles.
Therefore, the conclusion suggests itself: before carrying out car repair work, it is worth asking what kind of fine all this can result in for the car owner if the repair work is carried out not in a specially designated place, but right next to his apartment.
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Obtaining consent for the implementation of the project from the residents of the house
Parking spaces in the courtyards of apartment buildings are considered common property. Therefore, it is impossible to organize parking spaces by a small initiative group, completely ignoring the opinions of neighbors.
Remember that no matter how detailed a project you prepare for a future parking lot, not all residents will necessarily like it.
The developer usually leaves no choice to his clients and leaves them with a ready-made HOA.
The easier it is for you. Post a notice about the general meeting of residents; it does not have to be done indoors . It is impossible to gather all home owners at such a meeting.
The most proactive residents will come there, and based on their opinions, decide whether your project is worth implementing or not.
In order for your plan to be approved, it is advisable to polish its smallest details.
Indicate all entrances and exits, a detailed and beautifully drawn general parking diagram.
Indicate the type of road surface on your plan. Be sure to tell residents about the budget and future responsibility for parking money . It is advisable that parking spaces be rented on a monthly basis.
It is advisable to depict fire barriers and emergency exits through the premises (if any) on the plan. Be sure to show the location of the fire alarm button.
But coordinating with your neighbors isn't everything. In order for the plan to be implemented, it must be sent for approval to the local improvement department and the traffic police.
The Department will review your plan's compliance with technical regulations. The traffic police will ensure that your plan for organizing traffic in the parking area is acceptable from the point of view of traffic regulations .
Parking a car near the house: the effect of the law in 2020
The current rules were created in order to ensure the normal functioning of an apartment building. If you comply with the current law on sanitary standards and traffic rules, then you will not have conflicts with utility services and neighbors.
In 2020, developers must comply with sanitary standards when designing residential areas. If you are just thinking about buying an apartment, consider only offers with large parking pockets and underground parking. In some regions, authorities recommended large construction companies to install extensive underground parking. For example, the latest news says that builders from Krasnoyarsk received such letters of recommendation. In addition, a number of regions have introduced their own rules for the design of neighborhoods, which developers must comply with.
Parking rules in the local area of an apartment building
Russian legislation contains a minimum of articles regulating driver parking in residential areas.
- The document SanPin No. 2.2.1/2.1.1.1200-03, which we previously reviewed, prohibits the arrangement of spontaneous or organized parking at a distance of less than 10 meters from a residential building.
- You cannot park a truck within a radius of 50 meters from a residential building.
- It is prohibited to stand with the engine running near a residential building for more than five minutes.
- Under no circumstances should you enter the landscaped local area. Driving a car onto a playground or lawn is an offense and is punishable by a fine of about 2-3 thousand rubles (depending on the region).
- You should also not park your car across driveways or near trash cans.
Parking spaces in the courtyards of apartment buildings: standards
Important
They will definitely have to hire lawyers and collect signatures in favor of parking. 2/3 of all owners must vote for the arrangement of places for cars. After collecting all the documents, they will need to contact the district administration.
Info
The land allocation process can take many years, so be patient. Vehicle owners should remember that sanitary standards are also a law that must be followed by everyone living in a high-rise building. Violations of sanitary standards by motorists may entail consequences if apartment owners write complaints to the following regulatory services:
- fire inspection;
- district engineering service;
- sanitary inspection;
- environmental service.
In 2020, developers must comply with sanitary standards when designing residential areas.
House parking: rules of organization and design features
What deputies want to introduce The new law was developed by Sergei Mironov’s party – “A Just Russia”. For now, the project cannot yet be called finalized, since the mechanisms of its action for houses that were built earlier and did not have a large area around are unclear. That is why the new law is at the finalization stage.
The deputies' proposal is as follows:
- The distribution of parking spaces should be related to the area of the apartment. If you have a standard one-room apartment - 33 square meters, then one place will be allocated in the local area. If the area of the apartment exceeds 50 meters, then families will have two parking spaces.
- When designing, it is necessary to provide 40 places for guests if a thousand people will live in a high-rise building.
