Arguments over parking spaces are getting louder and louder. People go to various lengths to secure this or that place in the yard, park their car as close to their entrance as possible, drive onto a lawn or even a playground in order to provide themselves with a minimum distance to move their body in space. I really don’t like all this either, so I decided to prepare material on how to force motorists to park their cars as they should, and not like Neanderthals.
For my region, the problem became relevant around 2010. Since those distant times, there have been more and more cars, and the development of automobile infrastructure in fact lags significantly behind the rate of motorization of the population. Most courtyards in today's Russia will not physically be able to accommodate the cars of all the residents of the surrounding houses. Real parking wars are breaking out. I have repeatedly seen how people are ready to fight like gladiators, just to avoid walking the extra 50 meters.
Why should parking in courtyards be organized according to the rules?
Firstly, crookedly positioned cars impede the passage of large vehicles. Garbage trucks that take out garbage in the morning (by the way, an article about rights and responsibilities in the housing and communal services sector), trucks, owners of large vehicles - they all suffer inconvenience. But the worst thing is that closely parked cars often do not allow ambulances and firefighters to pass.
Secondly, parking on lawns and playgrounds causes residents a lot of inconvenience. Children, while playing, bump into a car and can damage it, and those who like to park on lawns spoil the aesthetic appearance of the yard and spread dirt throughout the area.
Sanitary standards and rules for parking in courtyards
There is a Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 25, 2007 N 74 (as amended on April 25, 2014) “On the introduction into force of a new edition of sanitary and epidemiological rules and regulations SanPiN 2.2.1/2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects” (Registered with the Ministry of Justice of Russia on January 25, 2008 N 109), in which in table 7.1.1. the rules for parking cars in the courtyards of residential buildings are described. According to them, car parking is located at a certain distance from the windows of a residential building. Specific data depend on the number of parking spaces. If there are less than 10 of them, then the distance to the windows should be at least 10 meters. If the parking lot accommodates from 11 to 50 cars, then at least 15 meters. 51-100 parking spaces - at least 25 meters, 101-300 cars - at least 35 meters. Parking lots that can accommodate more than 300 cars are located no closer than 50 meters from the windows of residential buildings.
How to organize parking in the local area
The organization of parking spaces begins with a meeting of residents and approval of the corresponding decision with the consent of at least 75% of the owners. Further procedure:
- appointment of an initiative group that will deal with the process;
- collection of documents;
- if necessary, contact the HOA. An example would be two houses next to a common yard;
- transfer of documents to local authorities.
Read also: Transportation of animals
After the process is completed, you need to wait for a decision. If it is positive, then the parking lot is equipped according to the required criteria.
Attention! There must be a suitable area in the local area. If it is not there, parking will not be approved. For example, instead of a playground, the authorities will not allow parking areas for cars.
Where to get permission
First of all, you will need to contact the district department that deals with land resources and land management. In a municipality this could be a committee or a department. If permission has been received from the department, then you should submit the documents to the traffic police and the architecture committee.
It is worth considering that all appeals have a written form in the form of an application indicating data on the HOA, the applicant and the local area. Additionally, upon first application, a request for the allocation of a plot of land is indicated.
Developing a plan will require the services of a specialist. The project will have a plan for the local area with a designated parking space. Construction begins only when the project is agreed upon with the owners.
Places for disabled people have their own characteristics, in particular, they are marked with a special sign, as well as a platform width of at least 3.5 meters. This requirement must be complied with to ensure that there is no interference for a person with disabilities or reduced maneuverability.
Preparation of necessary documentation
The collection of documents begins with the minutes of the general meeting.
All residents who were present and agree with the decision must sign it. Additionally, consent will need to be obtained from persons who were absent. After this, you need to obtain a certificate about the composition of the local area. It is issued at the inventory department or at the local municipality.
In the future, the bearer will need to have with him personal documents and the data specified in the general application.
According to the law, the placement of vehicles in the courtyard of a residential building must fully comply with traffic rules and sanitary standards. If there are violations, a fine is issued to the owner. Additionally, it is necessary to take into account that for permanent parking of cars, a parking lot is required, which has been registered in accordance with all the rules.
Traffic rules and parking in yards. Fines for illegal parking in yards
Let's start with the most common one - parking on lawns. The Code of Administrative Offenses does not provide for fines for parking on lawns, but regional legislation does. For example, in St. Petersburg, a motorist will pay from 3,000 to 5,000 rubles for parking on a lawn. To find out the “tariffs” for lawn parking in your city, contact the city administration. You can also send a photo of the “parking king” there at the time the violation was committed, or better yet, call. Then he will be held accountable. Just don’t forget to record on video (or photograph) the violation itself, because administration employees cannot always immediately move to the scene of the incident, and the violator may go completely unpunished.
A whole bunch of violations - Article 12.28 of the Administrative Code. These are violations of traffic rules established in a residential area. Where are they registered? We look at Chapter 17 of the Decree of the Government of the Russian Federation of October 23, 1993 N 1090 “On the Rules of the Road” (the same traffic rules): through traffic, practice driving, parking with the engine running, as well as parking of trucks with a permissible maximum weight of more than 3 are prohibited. 5 tons. But these are residential areas!!! But in paragraph 17.4 of the same resolution it is written that all these measures are also relevant for courtyard areas. In such a situation, record the violations on video/photos and call the traffic police department on duty.
What to do if your car is blocked/locked in the yard?
A driver who blocks the passage of other vehicles violates the rules for stopping or parking vehicles (Article 12.19, Part 4 of the Administrative Code), and this is a fine of up to 2,000 rubles (for Moscow and St. Petersburg - 3,000 rubles). To hold you accountable for such things, take a photo of the violation and call the traffic police duty department. But first I would recommend contacting the owner yourself. Often people block other cars, but leave their phone number. There is no need to attack from the shoulder, show tolerance.
Who pays
Residents pay for landscaping work in courtyard areas of apartment buildings, whether they own residential property or just rent it. Of course, you can improve the yard with your own hands if there are activists who want to do small construction and other necessary work. In practice, this does not happen very often. Also, such activities can be carried out at the expense of public funds, if this is an ongoing federal improvement program.
Repairs to the local area of an apartment building are also carried out at the expense of the residents. Repairs are considered current:
- damaged sections of the road, that is, partial asphalting or another method;
- fence and other enclosing structures;
- children's facilities;
- sports designs.
The overhaul includes:
- paving;
- landscaping;
- installation of fences and buildings;
- equipping utility areas, children's and sports areas.
According to the adopted improvement program, the maintenance of cities and urban areas most frequently used by people has reached a new, better level. This applies to allocated funds and rules for landscaping, maintenance, effective cleaning systems, lighting and landscaping of the local area.
This is important to know: Maintenance of common property in a non-residential building
It is expected that more than half of the funding in this case will be spent on landscaping the courtyards of apartment buildings. It should be noted that even if a region falls under the program, without initiative from the citizens themselves, its implementation for a specific local area will not happen. Therefore, it is necessary to write a corresponding statement, as mentioned above.
In order to carry out the necessary work, draw up a project and approve it at a meeting. It should be noted that the design layout of the future yard must comply with the SNiP established by Russian legislation.
Based on the above, the answer to the question – who should do the landscaping – is obvious. Despite the fact that the residents themselves are responsible for the maintenance, care, improvement and, in most cases, payment for it, it is regulated by certain state standards established for almost every element for improving courtyard areas.
And so that the work done is not in vain, you should carefully study the relevant legal acts and prepare a detailed plan for the improvement of the local area of an apartment building. If you have any problems or questions regarding the arrangement of your local area, contact the Management Committee for advice.
Where can I complain about off-street parking violations?
If the matter concerns violation of sanitary standards, then:
- fire inspection;
- district engineering service;
- sanitary inspection;
- environmental service.
If traffic rules were violated, then to the traffic police. In addition, at the moment it is possible to send a photograph of a recorded violation through special portals. There is also information that a special phone application will soon be created, with which you can directly send motorist violations recorded on video or photos to the traffic police.
Material on the topic: deadlines and procedure for submitting citizens' appeals to government agencies
The problem of off-street parking is becoming more and more pressing
Our authorities are trying to minimize the use of transport by residents of the country. Import duties, taxes, excise taxes on gasoline are raised, and paid parking is introduced. People are openly suppressing attempts to reach into their pockets, especially in relation to paid parking, and are clogging nearby yards with their cars, so the problem of parking in yards will become more and more pressing. In addition, not long ago there was an initiative to create a bill regulating the number of parking spaces in courtyards depending on the size of the building and the square footage of apartments. It's still being finalized, but we'll keep you posted.
They opened a new road to the Trilogy residential complex and did not install road signs.
Nikolai!
The installation of a road sign should not be made dependent on the consent of the owners.
In accordance with paragraph 1 of Article 3 of the Federal Law of November 8, 2007 N 257-FZ “On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as Law N 257-FZ), the highway - an object of transport infrastructure intended for the movement of vehicles and including land plots within the boundaries of the right of way of a highway and structural elements located on them or under them (roadbed, road surface and similar elements) and road structures that are its technological part, — protective road structures, artificial road structures, production facilities, elements of road construction.
By virtue of paragraph 5 of Article 3 of the said Law, vehicle parking is an element of the development of highways and is intended to ensure road traffic, including its safety.
The definition of a parking space is also contained in paragraph 21 of Article 1 of the Town Planning Code of the Russian Federation. This is recognized as a specially designated and, if necessary, arranged and equipped place, which is, among other things, part of a highway and (or) adjacent to the roadway and (or) sidewalk, shoulder, overpass or bridge, or which is part of underpass or underbridge spaces, squares and other objects road network, buildings, buildings or structures and intended for organized parking of vehicles on a paid basis or without charging a fee by decision of the owner or other owner of the highway, owner of the land plot or the corresponding part of the building, structure or structure.
By virtue of Part 2 of Article 12 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety” (hereinafter referred to as Law N 196-FZ), the obligation to ensure compliance of the condition of roads during their maintenance with established rules, standards, technical norms and other regulations documents is assigned to the person maintaining the roads. Repair and maintenance of roads on the territory of the Russian Federation must ensure road safety.
In accordance with Article 21 of the said Federal Law, measures to organize road traffic, including the creation and maintenance of the functioning of parking lots (parking spaces) within the boundaries of populated areas, are carried out in order to increase road safety and road capacity by federal executive authorities, executive authorities of constituent entities of the Russian Federation Federation and local government bodies, legal entities and individuals who are owners or other owners of highways. Parking lots (parking spaces) within the boundaries of populated areas are created and used in the manner established by Federal Law No. 257-FZ of November 8, 2007.
On this basis, you can appeal the refusal to issue permission to install the sign.
