A couple of years ago, in the property of citizens in the same Moscow there were only 200 thousand garages and a parking lot - with a total number of registered cars of 5 million. That is, only 4% of the capital fleet is provided with a legitimate place to store it. The rest of the cars are worthwhile where they will have, mainly in the courtyards of those apartment buildings, where their owners actually live. Many conflict with neighbors for, reinforcing their claims by what is their courtyard.
But now such parking is contrary to the requirements of Article 6.4. Administrative Code of the Russian Federation "Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport" and entails a fine of 500 to 1000 rubles for citizens, and if a legal entity is located in a residential building and his employee parries in the courtyard Guest parking is your car, the fine will be from 10,000 to 20,000 rubles or legal entities may suspend. This is relevant for small businesses, for example, for pizzerias located on the first floors of residential buildings.
As usual, this happens, the rigor of punishment in this case is compensated by an extremely weak level of control. In order to make a decree under Article 6.4. Administrative Code, employees of regulatory authorities, in this case, Rospotrebnadzor, need to conduct an integer investigation, including the definition of the driver's personality, which parked the car in front of an apartment building, to establish data on the place of its stay, as well as a number of other actions. And so for each car. Of course, there are no resources for this organization in order to force the car owners to free parking in front of the house for guests.
But everything can change if the administration of this article of the COAP of the Russian Federation will be given: just take a picture of the car number and get data about the place of registration of the vehicle owner to write a fine in automatic mode. Passed in his yard? Pay 500 rubles. To finish finishing the car owners who dared to put the car in their yard, you can, for example, janitors, arming them with smartphones. Or these cases can do various "helpers", which do not even issue smartphones - already exist. Recently, the frontier was broken in Moscow: they wrote 1 million digital denunciations. Until Stalin's times, it is still far away, but the frontier of 4 million we will continue soon.
True, no one has canceled a banal way to bypass this rate - parking in the neighboring yard, when residents of neighboring houses park each other. Prove that there was no massive walking neighbors to visit, it is virtually impossible. But the question remains open: who needed 96% of Russian motorists to do violators?
Recently, we were abandoned by questions about the ban on parking lots in the courtyards of apartment buildings. The reason was the definition of the Supreme Court, in which it seemed to be written. In the chats of residents began excitement: how can this not put cars? What will happen now? And where to give them? Who will check and whether to write a fine?
Ekaterina Miroshkin
economist
Managing companies under the shum began to impose paid underground parkings and frighten the fines.
We are not accustomed to panic, so I read the documents. This is how it is actually the case with parking lots in the courtyards and what said about this Supreme Court.
What kind of history with parking?
One citizen was tired of seeing the parked cars of neighbors in his yard. They prevented children, mothers with strollers and just tenants who did not want to listen to the noise of the engines. A citizen decided to figure out, on what basis the residents generally put their cars in the yard. And found sanitary rules.
Requirements for the planning of the territory near the house
Allowed
Forbidden
Playground
Place for games and recreation
Pavilion, Kiosk
Athletic facilities
Mini market
Hozpostroy
Summer cafe
Repair of shoes and technology
Guest parking
Permanent car park
It turns out that near the house without complying with any requirements from the distance from the playground, windows and entrances you can equip places for guest parking. A permanent car park is impossible, and the guest is possible. That is, the conditional guest can put the car near the place where children are playing. Such a car can overwrite the departure to mom from a carriage and warm the engine directly at the open-winding of astmatics. And it is Sanpina.
A citizen did not agree with such a layout and went to the Supreme Court to challenge the sanitary rules for organizing parking in the yard. He wanted the points of Sanpina about guest parking lots to find illegal and violating people's rights to protect life, health and a favorable habitat. In other words, he demanded that all parking in the courtyards forbade or moved away from home.
What did the Supreme Court say?
The Supreme Court considered the case twice and both times refused to be a fighter for freedom from cars in the courtyards. Here are the arguments of the judicial college:
- All people have the right to a favorable environment without harmful factors.
- Guest parkings near the house do not violate the law on sanitary welfare, environmental protection and countering terrorism. None of these laws have a complete ban on parking near residential buildings.
- On the contrary, it is written in the town-planning code that parking lots can be placed in residential areas.
- But the parking lot in the yard should be the guests. If they are used for permanent placement or storage of machines - then not the point of Sanpina does not comply with the law, and car owners or HOA violate SanPiN.
Outcome. In the courtyard of the house there can be a guest parking. A citizen could not cancel these points of Sanpina, they still act. But to use this parking in order to put your cars for a long time, it is impossible in Sanpina. It's like a violation.
So, in the yard still can not put cars?
You can put cars in the courtyard. Provided that they are left not constantly on storage, but park for a while. And if there is a specially equipped place for cars. That is, near the apartment building can be quite a right place for parking - even close to home or near the playground. For guest parking there are no remote requirements.
If the management company tells you that now the car in the yard can not be installed in general and there will never be parking here, because it forbade the Supreme Court, is not true.
Paragraphs 2.3 and 2.10 Sanpina no one canceled.
And if the tenants want to put cars in the time?
In the courtyard you can place and constantly parking. The main thing is to respected the distance from the windows and facades. It depends on the number of machines: for example, if the parking is designed for 50 cars, it should be equipped 15 meters from the walls of the house with windows. If there are no windows on the wall, there is enough 10 meters. The more parking capacity, the more you need to place it from home. These requirements are in Table 7.1.1 of a separate SanPina 2.2.1 / 2.1.1.1200-03.
If the area of \u200b\u200bthe local area allows and residents do not mind, in the courtyard it is possible to equip a permanent parking for cars. And the paid it will be or free - this is already agreed by the owners and the management company.
If there is no place for constant parking, then there may be a guest. But how to understand who and how much there I put the car, is not written in the law. Here you can torture, trying to prove something.
What will happen if permanent parking is near the house?
If the parking is organized according to the rules, taking into account the distance from the house, nothing will be for it. It is legal. If someone from the tenants do not agree, he will have to come to humble or change the apartment. The fact of the presence of cars in the yard, subject to standards, does not violate the proceedings and no laws. Even if it seems to someone that the law is violated, for example, the Rospotrebnadzor, which the neighbors complained, is still needed to prove.
If the parking lot is too close to the house or she is unauthorized, this is a reason for a fine. First of all, come to the HOA or control company. They may be fined by 10-20 thousand rubles. But only if there is evidence that the parking lot really was equipped with too close to the house, although it was possible to do this without disturbances. And that the Criminal Code did not try to ban the tenants to put their cars there. The penalty for people who disturb Sanmpin and constantly put the car on the playground or under the neighbors' windows - a maximum of 1000 rubles. If the violation is fixed, they will prove and so solve the court.
But if someone from the neighbors will really want to achieve punishment really. Although it turns out not always.
Here is an example of your life. In the summer of 2018, a resident of one of the Moscow homes complained that he had parking in the yard. The controlling authorities came, examined: Well, there is parking on the side of the house, but nothing is broken. And nothing for it was anything, and the citizen was denied the citizen in two instances.
In another story, the prosecutor tried to recognize the receiving parking for 150 cars near the playground in violation, but the court considered
Each person living in a multi-storey building and owning motor vehicles should know that there are special rules according to which it is necessary to park. And these are not whims of those who have no cars. Let's see what they are, parking rules in the courtyards of residential buildings. There are many nuances and important points, and everything is desirable to pay attention.
What are these rules for?
Indeed, a concurrent issue. After all, much more convenient to put the car as you want. As a rule, so close to the house or your window, as far as possible. You will be able to watch your car from the window of your apartment, and if necessary, you do not need to go far. But did you not think that you like it not to everyone? Most likely, not only you have personal transport. There are quite a few such people in the entrance, and if everyone puts cars as he wants, it will greatly difficult access to the entrance, for example, the ambulance, militia, fire. Yes, and they are unlikely to be satisfied with those who have no car - they will have to breathe with your exhaust gases and constantly not sleep due to the noise of the operating engine. Here for this and invented parking rules in the courtyards of residential buildings. And now let's deal with all the nuances.
Parking in the courtyard of an apartment building: what can you do
First, let's talk about what is strictly prohibited. First, it is impossible to leave your vehicle on lawns and sidewalks, since these places are designed for pedestrians, not your cars. It is also strictly prohibited to block the free passage.
Therefore, the car should stand in the place specifically reserved for this, of course, if any. Consequently, other cars, as well as ambulance, police, fire, gas service must have free access to each entrance of a multi-storey building. It is worth paying attention to the availability of shops near your home. You can not put your vehicle closer than 10 meters from the door of such an institution. It is due to the fact that a car can come with a commodity, and the road will be blocked. If your car be too long to stand in the wrong place, then the likelihood that the special service will come and takes transport to the penalty area or the furious tenants of the house will damage the car.
Car parking rules in the courtyards
And now I would like to talk about how and where you need to put your iron horse. Despite the fact that the options are there the mass, the majority still prefers to do as it is convenient for them, but as practice shows, complaints from neighbors come very soon, like broken windows of the machine, damaged paintwork, punched wheels, etc. Unpleasant moments . You probably did not think about the fact that there are special parking rules. PDD, paragraph 26.2. "About parking in a residential area." There it is clearly written that the TC should stand in the places specifically reserved for this. There are several options here. It may be a paid parking near the house or directly in the courtyard special places where you are required to put your car. As practice shows, there are always enough such places, but in most cases they are simply no no.
What to do the owners of the car?
In fact, it is not going anywhere. It is unlikely that it will be possible to achieve you to make you still with a dozen parking lots in the yard. Consequently, you need to either use paid parking, or put the car into the garage. But if there is no other, and the transport still needs to be set somewhere, then you need to look for a place. In addition, the new parking rules in the courtyards say that it is impossible to leave transport in the courtyard in the courtyard, as it violates the law "On Parking and Parking". But do not worry, there is a way out. You need to go to the traffic police and explain the situation. In any case, employees must react, even if not immediately. And naturally, you must understand that if your transport is where it does not interfere with anyone, there is hardly any problems. You can talk to your neighbors or put a normal silencer who will not wake people in the middle of the night. In addition, modern cars work quiet enough.
A little more about what is forbidden
Despite the fact that much has already been said, the modern rules of car parking in the courtyards still provide many things. In particular, it is not allowed to put your car in close proximity to the garbage containers. This makes it difficult to access the appropriate service. The minimum distance must be about five meters. As for sidewalks, it was noted that it is impossible to leave the vehicle. But if it is permanent sign, then this can be done. Although this is extremely rare. Please note that you can install a passenger car or a motorcycle on the edge of the sidewalk. But for the free movement of the pedestrian, there should be more about two meters.
Several important points
You need to understand that the parking with a running engine is prohibited. If the time exceeds more than 5 minutes, then it is quite realistic to shield the fine. The exception is the loading / unloading of something or the landing of passengers. Problems may also arise due to the fact that you left the car where it interferes with pedestrian, as it is prohibited by traffic rules. Parking rules in the courtyards say that this should be used specially reserved places. If you own a gassellet or other transport, the total weight of which exceeds 3.5 tons, then such a vehicle must be installed in specially reserved places. It is forbidden to install parking barriers in self-order, as special services should be engaged. If the traffic police inspector will fix it, then there will be a lot of problems.
A little about parking requirements
As already noted a little higher, you do not have the right to personally create a parking lot. Consequently, everything should be provided for by the relevant services. Even at the stage of designing a multi-storey house, a parking space should be included in builders' plans. It is about 50 places on one house. All rules and norms must be strictly observed, since the multiple violation of the parking rules in the courtyards leads to serious fines, and this, you agree, not very nice. The construction of the so-called parking garages for 100 cars is allowed. In fact, you can build a garage for your car 10 meters from a residential building. If there are no windows and departure from the building, then this distance can be reduced to 7.5 meters. Consequently, it is very close. But before the construction, do not forget to agree.
What else do you need to know
Always pay attention to ensuring that your transport does not interfere with both cars and pedestrians. You can put the car under the window, of course, if not against other neighbors. As for temporary stops, there can be no problems here. If you leave the car in your own garage for the night, and in the afternoon for a couple of hours in the courtyard, then complaints will be received for you, especially if you follow the rules of parking. PDD in this case allows you to leave the vehicle on a short segment of time. Respect, again, other participants in the movement. If you put the car in one place, be kindly not to occupy other people, as it can cause the indignation of your neighbors, and it does not end with anything good. In fact, if your car works quietly, it does not interfere with anyone, and you do not warm the engine near open windows, then you can not be sure that the complaints will not come.
Conclusion
In conclusion, I would like to say that parking in the courtyard of an apartment building - the thing is quite simple, especially if there is a special place nearby for this. If not, it is quite possible that there is a paid parking nearby, there your car will be in religious hands. Of course, parking rules in the courtyards of residential buildings must be observed. So you will lose yourself to problems and no one needed quarrels with neighbors. Of course, if transport has nowhere to put now, then try to at least interfere with others, and the rest is no longer your concern. So we figured out a fairly delicate theme for most motorists. We answered all the frequently arising questions, and now you know that the rules of parking in the courtyards of residential buildings are, and they should be observed at the maximum. Although you may notice that this is not all done, and most of them simply ignores.
The Supreme Court of the Russian Federation banned motorists to leave their cars near the entrance. This precedent occurred after contacting the Muscovite Court of Gennichev. In his opinion, the cars in the courtyards interfere with residents, pollute the air and limit the movement of mothers with wheelchairs. In this regard, the initiative man examined the legislation, and found the norms of Sanpin, in which it says that:
2.10. In the courtyards of residential buildings, it is prohibited to post any enterprises of trade and catering, including tents, kiosks, stalls, mini markets, pavilions, summer cafes, production facilities, enterprises in small repair of cars, household appliances, shoes, and parking but guests.
From the rules it follows that near the house without compliance with the distance from the windows of the house and playgrounds can only be equipped space for guest parking. The man did not seem to be enough, he wanted to completely get rid of cars in the yard.
The Supreme Court did not stand on the side of the Gennichev's novel. But nevertheless, he decided:
Guest parking parks do not violate this rule, the prohibition of them does not contain any norm of existing legislation.
Parking in the yard should be exclusively guest. Place the machines on them constantly tenants at home are not right. Those who use the local area as a place of permanent parking violate Sanpin.
A man could not cancel the established norms, but the court decision created a lot of noise on social networks and the media. Are residents will not be able to park cars in their own local area?
Is it possible to put cars in the courtyards?
According to Sanpin, you can put cars in the courtyards, but only for a while. Residents can accommodate and constantly parking that meets all requirements. They are also listed in special SanPiN:
Those. Make a permanent parking for 11 Machinesture can be at least 15 meters from the windows of a residential building. If the parking is organized according to the rules, taking into account these distances, no one can prohibit the car there. It is legal.
What threatens to violators?
If permanent parking is too close to the house, is an administrative offense and a reason for fine. If parking organized the Criminal Code or HOA, you can attract them. Legal entities face a fine of ten to twenty thousand rubles, if the inhabitants themselves violate - from 500 to 1000 rubles.
However, to write out a fine, the fact of violations must be first fixed, and then prove in court.
What experts say
The decision of the Supreme Court of the Russian Federation made the inhabitants of high-rise buildings forced to collapse. Kommersant gives the opinion of the Chairman of the Union of Housing Organizations of Moscow Konstantin Krohin:
It is impossible to make a parking lot from the courtyard, but it is temporarily allowed to keep transported there: a person came from work, I put a night for the night, I left. If, for example, you deprived you for a year and the car is in the yard, you must rearrange it to another place.
Until this question arises a lot of confusion. However, many federal media suggest that the ban on car parking in the courtyards can lead to the emergence of new paid parking lots in municipal territories near resident houses.
Moreover, from December 30, the new law "On the organization of the road" is entering into force. He gives local authorities all the authority on installing traffic lights and road signs, applying markup, etc.
Administrations in the field receive another important right. They will be able to limit at their discretion, or even to prohibit movement in some areas of roads. True, at the same time they must provide duplicate and compensating public transport movement routes.
MySlo readers, and what do you think it is worth completely removing the cars from the courtyards? Share your opinion in the comments.
Parking cars is required according to the established list of rules and norms. Any violations in this area may entail responsibility and penalties. There are several legislative acts that regulate all the main points associated with parking places in the courtyard of a residential building. In addition, from January 1, 2020, a new order of the Ministry of Transport, tightening requirements for commercial transport, comes into force. Rules must be carried out by all persons, since disorders lead to a large number of negative consequences.
The placement of the vehicle in the courtyards is regulated by several acts and laws. Among them:
- which indicates the need to perform a number of rules and regulations of a sanitary and epidemiological nature;
- Sanpin 2.2.1 / 2.1.1.1200-03 On sanitary protection zones and similar objects;
- , setting the order of privatization of parking space and other points that are connected with it;
- , in particular .
All rules and regulations are installed at the federal level using the specified regulatory framework. But additionally, it is worth considering both regional acts that can complement recommendations and regulations. Basic federal laws.
In the norms of sanitary type, all the main points associated with the placement of the vehicle and the behavior of the owners of the car are defined. List of rules:
- parking with 10 vehicles should be removed 10 meters at least from the parking pocket;
- when placing 50 TCs requires a full compliance with all regulatory acts and an arrangement of a special platform, which will be located 15 meters from the residential site;
- if vehicles from 51 to 100, the interval increases to 25 meters;
- with the amount of 101-300 cars, the distance can not be less than 35 meters from the residential building.
When exceeding 300 units, the object should not be located closer than 50 meters.
Important! For the arrangement of parking, it is required to privatize the householders of housing. At the same time, no less than 75% of tenants are required, as well as collecting all the necessary documentation. If these requirements are not taken into account, then the category of parking will be illegal.
If any owners are in the form of residents against the formation of parking spaces, then you can contact the correctly executed complaint to one of the government agencies:
- environmental service;
- sanitary or fire inspection;
- district Engineering Service.
During the construction of an object and forming the local area to developers, it is recommended to immediately determine the place for parking spaces. This moment is required to consider at the stage of creating a plan.
For owners who buy real estate objects, it is recommended that it is advantageous to pre-make sure the availability of places for cars before buying a living space.
Fines for irregular parking in the yard
Incorrect parking option is a violation, since the regulation includes the rules of traffic rules, and leads to the finish. Highlights
- TC, if the engine works, can stand at least 5 minutes. This time is considered sufficient to land the passenger or unloading the car. Similar option will be the heating of the engine. Depending on the settlement, the penalty may vary within 1500-3000 rubles. But only the traffic police officer can arrange him;
- a heavy car with a mass of more than 3.5 tons can not be put in the yard, as there are special zones and parking for such vehicles. The penalty is discharged in the amount of 1500-3000 rubles;
- parking cars on the sidewalk is prohibited. This offense can lead to a fine of 2000 rubles and evacuation of the machine. At the same time, it will be necessary to pay for both the tow truck. This is established in a number of acts, including 3 points;
- if driving is difficult, including for special transport, then the penalty varies from 2000 to 3000 rubles. It establishes the inspector depending on the danger;
- parking to garbage tanks closer than 5 meters is prohibited, as it does not allow utilities to perform work. The sanction will be superimposed depending on the specific situation. The amount of the fine is 2-5 thousand rubles.
It is worth considering that with a lack of places and parking a car at the receiving lawn, owners can contact the relevant authorities to attract the driver to justice.
On a note! Penalties may vary depending on the region, as well as the category of ownership. For example, an official, as well as legal, has a large amount of fine.
If an official does not miss a special transport in the form of a fire truck or soon, he will have to pay up to 10,000, and to a legal entity up to 150,000 rubles.
It is also necessary to remember that in the cities of federal significance, in particular St. Petersburg and Moscow, fines above.
In order for the fine to be made not necessarily the appearance of a traffic police officer, since the frequent case is the fixation of violations using video and photo seats. In practice, this happens as follows:
The witness witness fixes it and reports to the traffic police. Next, you are viewing the sent files or special locks, if available in that yard. The violator receives a fine. If there is a danger to others, then a patrol is sent immediately after the message in place, which is already disassembled in place and evacuates the machine if necessary.
Where to complain about violation of parking in the courtyards
- fire or sanitary inspection;
- engineering or equilibrium;
- house management, if available.
In case of violation of the PDD, the appeal is carried out in the traffic police. This can be done using a call, coming personally or downloading materials with a crime fixation on a special portal.
Illegal parking should be fixed. For this reason, the standard procedure for handling is set:
- violation is recorded using a photo or video;
- the traffic police inspector is called;
- all materials are transmitted, as well as with the possibility of the data of the violator and the Gosnomer TC.
If there are several violators, then materials will be required for each car separately.
It is necessary to remember that if the fireproof rules are violated, a fire inspection officer can also write out a fine. Such cases are frequent, if there is no possibility to get to the focus of ignition due to incorrectly arranged cars.
Important! The management company that is engaged in utilities can independently report to the violations. In particular, with the close location of vehicles to containers and the inability to carry out their activities on the removal of garbage.
What to do if blocked / closed the car in the yard
Closing the travel or blocking the machine is a disorder provided for in. The penalty in ordinary regions can reach 2 thousand, and in the cities of the federal significance - 3000 rubles.
If there is no driver number and it is not available, it is required to take a picture of the violation, then report in the traffic police. Inspector will arrive at the place, which will issue a fine for the owner and, if necessary, will cause a tow truck.
How to organize parking at the local area
The organization of parking sites begins with the collection of tenants and approving the appropriate decision at least with an agreement of 75% of the owners. Further procedure:
- purpose of the initiative group that will be engaged in the process;
- collection of documents;
- if necessary, appeal to the HOA. An example is two houses next to the common courtyard;
- transfer of documents to local authorities.
After the process is completed, it is required to wait for the solution. If it is positive, the parking is equipped according to the required criteria.
Attention! At the receiving area there must be a suitable area. If it is not, then parking will not be consistent. For example, instead of the playground, the authorities will not be allowed to equip places for car accommodation.
Where to get permission
First of all, the appeal will be required to the district department, which is engaged in land resources and land management. In the municipality, this can be a committee or department. If the Department's resolution is obtained, then you should contact the Documents in the traffic police and the Committee on Architecture.
It is worth considering that all appeals have a written form in the form of a statement indicating the data on HOA, the applicant and the territory of the order. Additionally, when first circulation, a request for the selection of the site is indicated.
Development of the Plan will require a specialist services. The project will have the plan of the local area with the specified location of the parking lot. Arrangement begins only when agreeing the project with owners.
Persons with disabilities have their own characteristics, in particular, the allocation of a special sign, as well as the width of the site at least 3.5 meters. This requirement should be carried out at mandatory for lack of interference from a person with disabilities and reduced maneuverability.
Preparation of necessary documentation
Document collection begins with the General Meeting Protocol. It should include all residents who attended and agree with the decision. In addition, consent will need to receive people who were absent.
After that, it is required to receive a certificate about the composition of the local area. It is issued in the inventory management or in the local municipality.
In the future, the bearer will need to have personal documents with them and the data prescribed in the general statement.
According to the legislation, the arrangement of the vehicle in the courtyard of a residential building must fully comply with the rules of traffic rules and sanitary standards. If there are violations, the owner is made fine. Additionally, it is necessary to take into account that for the permanent parking machine, the availability of parking is required, which was decorated in all the rules.
