How to get a personal parking space in the yard according to the law?

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How to legalize a parking space in the courtyard of an apartment building

According to current legislation, each owner of an apartment in an apartment building has the right to use part of the local area.

Attention! In order to use this territory legally, residents must:

• Organize and attend a house-wide meeting to make a decision on the creation of a private parking lot;
• The owners of non-residential premises related to the house (usually shops, salons on the ground floor) must take part in the meeting;
• If a majority vote makes a decision to organize private parking, then an act signed by residents supporting the initiative to privatize parking is drawn up;
• A group of residents draws up an application to the district administration with a request to legalize parking spaces; a decision signed by the residents is attached as confirmation of the population’s intention to create a private parking lot;
• The application is drawn up in free form, indicating the grounds for using the local area;
• Then you need to contact Rosreestr and receive a certificate with a description and cadastral plan of the local area;
• To obtain a certificate from Rosreestr, you must make a special application from the resident of the house and attach a certificate of ownership;
• In addition, it is necessary to pay the state fee and attach a receipt to the application;
• Rosreestr will prepare a certificate within 7 calendar days:
• Then you need to contact the design organization, which, based on the documents provided, will draw up a plan of the local area with a parking lot for passenger vehicles located on it;
• The prepared project is submitted to the administration for approval.

The application to the administration will be the final document, which will outline the essence of the residents’ requirements.

ATTENTION! Look at the completed sample application for the formation of a land plot under an apartment building for parking:

How to do it legally

Legal parking near your housing complex is quite possible, although its organization will require quite a long time and investment of money. Financial investments will be quite moderate if more than one vehicle owner is involved in the investment.

Read what mechanized parking is here.

And the availability of all the necessary permits will ensure the business progresses quickly. In accordance with the law, all owners of an apartment building own 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 organizing parking, you need to consider the following main points:

• An apartment building should be legalized, that is, private property (apartment) should be privatized and the site should be marked;
• parking must be commensurate with the residential complex (no more than 50 spaces), in which a place must be allocated for disabled people, Federal Law of November 24, 1995 No. 181 “On the social protection of disabled people of the Russian Federation” Art. 15;
• the issue of the number of places for disabled people is decided by local government;
• after reaching a compromise between the neighbors, the preliminary parking plan drawn up by the design organization, the cadastral certificate and the application should be sent to the local improvement department 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 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 from Rospotrebnadzor together with engineering services will be required;
• the question may also arise about the need to conclude a lease agreement for land in the absence of rights to part of the local area;
• Do not forget that parking near the building may be prohibited by the decision of the residents, therefore, the adjacent area will be a free space.

Traffic regulations 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 area.

Read more: How to reduce property tax for legal entities

Table 1. Fines for non-compliance with traffic rules.

Part 4

Part 1-6

Law on the privatization of parking spaces

The procedure for registering ownership of a parking space is described in Federal Law No. 218-F3 “On State Registration of Real Estate”.

For privatization, certain requirements must be met:

• Parking spaces are organized taking into account the minimum and maximum size of a parking space for one vehicle;
• When organizing a parking space, there should be no disputes with the owners of neighboring spaces;
• A parking space has special marks that distinguish it from other spaces (for example, numbering).

The vehicle parking design must be drawn up taking into account the requirements of this law.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Legislation

Not long ago, in the legislation of the Russian Federation, parking spaces began to be reflected in real estate as independent objects.

Thus, Federal Law No. 218-FZ states that citizens have the opportunity to privatize a parking space.

The law No. 1544-1 states that the re-registration of housing rights has nothing to do with the privatization of a parking space.

The Housing Code of the Russian Federation has a slight influence on this procedure. It also determines the use of the territory near the house.

What documents are required for privatization

In order for a positive decision to be made on the application, it is necessary to prepare all related documents in advance.

Particular care must be taken to prepare:

• A document confirming the property ownership of the person who will be involved in the registration of the parking space (certificate of ownership of the apartment);
• A certificate describing the characteristics of the territory where the parking lot will be located (certificate from Rosreestr);
• An officially completed project of the local area with the location of parking spaces; the project is prepared by a special design organization that has received a license for this type of activity;
• Application for privatization on behalf of apartment owners in order to create a parking area for vehicles;
• A decision made based on the results of a collective meeting, indicating the signatures of residents who supported the initiative.

When all the above documents are ready, an application is submitted to the administration.

Watch the video. How to arrange parking in the courtyard of an apartment building?

Features of contacting the local administration

After submitting all the necessary documents, it will take some time for them to be reviewed by the administration. Owners will be notified of the management's decision in writing.

According to established practice, such decisions are made within a month. However, if the administration needs to establish facts that are not in the documents provided, the consideration may be delayed.

If approval is received from the administration, the next authority will be Rospotrebnadzor. This organization provides a separate opinion. It is possible that the conclusion will be refused. In this case, it is necessary to establish the cause of the failure and eliminate it.

In most cases, refusal is possible due to errors made when drawing up the project. Perhaps the local area does not have a cadastral plan or is not registered. These points must be clarified before the approval procedure begins.

Attention! It is worth noting that after registering a parking space, the lucky owner will have to pay land tax. In addition, all costs for landscaping and maintaining this area fall on the shoulders of the owners of parking spaces. .

Rules for living in an apartment building.

Read here what you need to cut down a tree near an apartment building.

For those who repair roads in the courtyards of apartment buildings, read the link:

Buying a parking space

Advice from lawyers:

1. What documents need to be completed when purchasing a parking space.

1.1. Hello! A purchase and sale agreement for a parking space is concluded with the owner. An annex to the contract must be a transfer and acceptance certificate, with a cadastral plan attached. When transferring funds in cash, a receipt for receipt of funds is drawn up. The owner must provide the buyer with title documents for confirmation: a certificate of ownership, a purchase agreement for the property, registered in the proper manner, a cadastral plan of the property.

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2. What documents are issued when purchasing a parking space.

2.1. A parking space can be real estate - premises as part of another property: non-residential premises (parking hall) or non-residential building. However, for this it must be isolated and separated from other rooms in the building or structure. According to the provisions of Part 2 of Art. 15 LC RF and part 7 art. 27 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”, the premises must be isolated and separated from other premises in the building or structure. A parking space that meets this requirement can be counted as a non-residential premises in a building or structure. State registration of rights to a parking space - premises is carried out on the basis of the documents specified in the Law, including the cadastral passport of such premises. Therefore, judicial practice follows the path that a parking space is not an independent thing, but represents a part of an immovable thing - a non-residential premises or a non-residential building, and the user of the parking space is a shared co-owner of this immovable thing. In any case, the document confirming ownership of the specified parking space is a certificate of state registration of ownership of a share in the ownership of a non-residential premises or directly to a certain piece of real estate - an isolated premises.

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3. I bought an apartment in the building. In the courtyard, the entrance bell rings and the gate opens automatically. From whom can I request an entry number? When purchasing, the previous owner talked about the availability of a parking space.

3.1. In a management company or HOA. Some of them made decisions about parking and entry based on a call.

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4. We bought a parking space in a covered parking lot from the developer ready-made. During use, hidden shortcomings of the entire parking lot were discovered, which the developer cannot eliminate (dead-end storm drainage, roof and joint leaks). Do I have the right to demand a refund with appropriate interest for the funds used for all years from the date of purchase? And what percentage can I demand for a commensurate reduction in price?

4.1. During use, hidden shortcomings of the entire parking lot were discovered, which the developer could not eliminate. The consumer's claim to eliminate the shortcomings, with monetary security for the delay in the execution of the court decision.

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5. When purchasing a home, a parking space in the same building came with the apartment. Can I compensate for its cost and return it to the developer?

5.1. Hello. When purchasing a home, a parking space in the same building came with the apartment. Can I compensate for its cost and return it to the developer? You can sell the property as an independent property.

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5.2. Only if the developer agrees to this. But you can sell this place to another person as a separate object. Good luck and all the best to you.

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6. I want to return the difference for purchasing a parking space in the underground parking lot. I paid for the place in December 2014 for 650 thousand rubles, received it in March 2020, the contract is still preliminary. Since April, places of 500 thousand cells have been sold, immediately after the acceptance certificate, because... the parking lot is empty. Do you have similar cases or information, can it be resolved in my favor. I haven’t worked for 1.5 years now, I’m retired, and this amount is huge for me, when there are seats next to each other for 500 thousand in a compartment with 50 seats.

6.1. You need to see all your documents. Contact a lawyer in person.

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7. What documents need to be completed to purchase a parking space in an apartment building? It is better to buy the space or rent it. I purchased the apartment by participating in the shared construction of a house with a parking lot.

7.1. It is better to buy it and register the right with Rosreestr.

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8. Registration of the purchase of a parking space under a gift agreement. What price should I indicate? Is a BTI certificate required?

8.1. Hello! You can specify any price at your discretion in accordance with Article 421 of the Civil Code of the Russian Federation.

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9. Will there be a tax on the sale of the apartment that my mother (she is a disabled pensioner) inherited from her aunt (her sister); the cost of the apartment is 1,250,000? And will there be a tax on the purchase and sale of two parking spaces registered in the name of a pensioner, 650,000 each, ownership for less than a year?

9.1. Hello! Yes, the tax is 13%. If you have owned the apartment for less than 3 years.

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10. I completed the purchase of a parking space. They said that I needed my wife’s consent (notarial), I said that I would report it. What if the wife comes herself and says that she doesn’t mind or what?

10.1. No consent required upon purchase. Only upon sale (Article 35 of the RF IC)

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11. What you should be wary of and what you should pay attention to when buying a parking space in a large heated parking lot of a new building. We do not have an apartment in this new building.

11.1. Good day, Natalia!

Depends on whether the parking space is built.
If a parking space has not been built, you should pay attention to the project declaration; if possible, then look at the project. If a parking space has been built, then pay attention to the owner’s documents, the purchase and sale agreement and the certificate. First of all, it is undesirable to buy a parking space if the right is transferred to a share in the parking lot, since in this case the sale of this space will be carried out only after an offer to buy has been sent to everyone. You can contact me for more detailed advice! Sincerely, Andrey Aleksandrovich Saunin.
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12. I bought a car three years ago and rented it out myself, went abroad, I received a bill for the rent, I went to find out why so many told me that there was also an additional fee for a parking space, supposedly when buying a car, 1000 rubles are automatically added to the rent per month for a parking space, although the car was not with me for a day and did not stand in the yard, is it legal that they charged me 1000 for a space that I do not need and which I did not use.

12.1. There is no such law.

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13. I want to buy a parking space at GSK. The seller has not registered ownership. What documents need to be completed upon purchase? Is it possible for me to have problems registering ownership of a purchased parking space?

13.1. It is legally impossible to buy an unregistered garage; to sell it, the seller must have title documents.

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14. We are considering the option of purchasing an apartment in a 4-story cottage. For this object there is a green card for the apartment itself and a green card for the so-called two car parking spaces. Please tell me whether this documentary support is sufficient and legal for making purchase and sale transactions with it and further ownership for the family (2 children), it is planned to use maternity capital funds. Thank you.

14.1. Hello. There must also be a cadastral passport for the apartment.

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14.2. In addition to the green cards, there must also be a written agreement (or share participation agreement) and a cadastral passport for the apartment. Before purchasing, make a request to Rosreestr to make sure who the ownership is registered to.

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15. A shopping complex with parking spaces has been built next to a residential building, but people coming for shopping ignore the allocated parking lot, parking their cars along the nearby residential building, creating difficulties for its residents. What should the residents of this house do? The market administration declines responsibility.

15.1. Hello Valentina Sergeevna. Contact the district administration and Rostechnadzor. Your application will be reviewed.

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16. Advise. We purchased a parking space in a house under construction. Due to the presence of ventilation pipes, which were absent at the time of purchase and the presence of which I was not informed. The ventilation pipes make it difficult for my car to enter the parking space. We would like to change the place. How to properly write an application to the developer for a replacement site.

16.1. The application form is arbitrary, the date of purchase, a document confirming the right to a parking space, about the ventilation pipes that were missing at the time of purchasing the parking space, describe the problem that has arisen, and therefore ask for another parking space, submit the application in 2 copies. , on the second copy. must sign and date and stamp or seal upon receipt of the application.

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17. In July 2011, I bought an underground parking space from a developer. At the time of purchase, there was a security booth in the parking lot. I did not use the parking space due to living in another city. On my next visit, I discovered that there was no booth and the parking lot was inactive. The developer sends it to the HOA, and the HOA complains about the developer. There are no ends to be found. How to resolve this situation?

17.1. Hello Tatiana! Your contract is concluded with the developer. The HOA only manages the apartment building and common property. It is problematic to recognize the contract as invalid in this case, since there are no grounds provided for by law. Termination of the contract is already a more realistic task.

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How to coordinate a parking space with other residents and create a parking project

All decisions regarding the use of the local area are made at general meetings in the presence of at least half of the apartment owners in the building. It is worth noting that decisions are made only based on the results of voting in person or in absentia.

To privatize parking spaces, it is necessary to follow the procedure at all stages. Thus, at the stage of holding a general meeting, a decision can be made only if residents are notified of the meeting and if a sufficient number of votes are received. It is important to take into account the opinion of the owners of non-residential premises located on the ground floor.

If at least one of these conditions is not met, the decision to organize private parking will be challenged in court.

How to arrange a parking space near your house?

Owners of residential or commercial premises in apartment buildings, in addition to their living space, can also claim a land plot that is adjacent to the house in accordance with Article 36 of the Housing Code of the Russian Federation. However, this territory can only be disposed of by agreeing on its purpose with the other apartment owners.

In order to agree on the feasibility of arranging the local area and decide that parking near the house for a car is needed in this place, it is necessary to hold a general house meeting. At this meeting, if more than 50% of the owners vote in favor of developing a parking lot, a written decision is drawn up with the signatures of the majority, which is submitted to the management company (MC).

In addition to this letter, a free-form application is drawn up addressed to the head of the management company, which reveals the reason for the appeal, that is, it describes the desire of the owners of the apartment building to equip a parking lot.

Grounds for refusal

Separately, it is worth noting the reasons why government services will refuse to privatize a parking lot.

Please note! The grounds for refusal are:

• The project was drawn up with errors (traffic is organized incorrectly, there is no additional exit from the parking lot, or the parking lot overlaps with the local area of ​​another house);
• The project does not comply with standards (urban planning, sanitary), fire safety requirements, etc.;
• The project has not been approved by Rospotrebnadzor.

We recommend contacting the administration in advance to clarify the requirements for paperwork and the exact list, so as not to waste time on multiple corrections.

Is it possible to fence off parking in the yard?

Can the residents of the house fence off the parking spaces near the house with posts and put chains between them so that other residents do not park their cars in their place?

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First of all, you need to find out who owns the land for parking, you personally, under a lease agreement, a homeowners association, as part of the local area, or the state.

Even if the land is registered as the property of a HOA, the allocation of a share of the common property for use is the prerogative of the general meeting of owners with a quorum of 3/4 (See.

Norms and rules for creating parking spaces near an apartment building

When obtaining a permit, you must also take care of safety in the parking lot. This will help avoid problems in the future.

Firstly, it is worth paying attention to fire safety. Internal partitions and parking barriers must be made of non-combustible materials (brick or concrete). If the parking lot is adjacent to a building, then it must have emergency exits from the windows. Similar requirements are set out in Tech. regulations on fire safety requirements (2008).

Secondly, it is necessary to comply with the sanitary requirements for parking areas.

Thirdly, you should pay special attention to the location of the parking lot relative to residential buildings and other infrastructure. The larger the parking area, the greater the distance from the residential building.

Thus, parking for 10 cars should be located 10 m from residential buildings and 25 m from places intended for children to play. If the parking lot is designed for 250 cars, then it should be located at a distance of 50 meters from residential buildings.

It is worth noting that the law does not limit the size of a parking lot. The main thing is that the site meets the requirements of sanitary standards.

In addition, large parking lots (more than 500 cars) are prohibited near residential buildings. Parking for 100 or more spaces provides access to the transport network. These restrictions apply only to open parking areas.