How to legalize a parking space in the yard?

Situations are often considered when it is difficult for people to park in the courtyard of a house, since almost every resident has a car, so there is simply no free space left to install a car. In such cases, some people try to appropriate a certain area for themselves, which they use only to park their own car.

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Such a decision is a serious violation, so residents of the house can take various measures to prevent such actions.

• 1 What to do if neighbors have fenced off a piece of their territory
• 2 What is stated in Art. 262 Civil Code 2.1 Punishments for violations by individuals and companies

What to do if neighbors have fenced off a piece of their territory

If sections of the yard are fenced off with different elements and objects, then the residents of the house perform different actions:

• Initially, it is recommended to file a complaint with the regional prefecture, and it will certainly indicate the need for urgent liquidation of the structures, as well as the address of the house, and describe the existing fences that interfere with the normal passage of fire trucks or ambulances;
• Evidence of violations must be obtained, so it is advisable to photograph the fences and the car of the person who made them, and the license plates of the car should be clearly visible in the photo;
• a few days after sending the complaint, you need to call the institution to find out what number this document is being sent to, so that you can track the progress of the consideration of this case;
• it is further recommended to write an application to the Housing Administration, which is responsible for the demolition of various structures in the local area that are classified as illegal structures;

How to choose a management company? Read the link.

• if there is no management in the region, then the same statement can be written to the traffic police or the police department, since employees of these organizations record violations of the law and also punish car owners by imposing significant fines.

Important! It is the police officers who have the ability to remove posts or other barriers installed in the area near the house.

Responsibility for violation

Having decided to install protective structures in a parking space, the violator faces administrative punishment:

• Unauthorized occupation of the local area. The amount of the fine is affected by the cadastral value of the land area. According to the Code of the Russian Federation, the fine can range from 1 to 3 thousand rubles. The minimum fine under the Code of Administrative Offenses of the Russian Federation is 5 thousand rubles.
• Violation of fire safety requirements. For example, a fire truck cannot drive to the site of a fire. For this, a fine of up to 1.5 thousand rubles is provided.
• Damage to the road. Often, to install bollards, it is necessary to drill asphalt, which refers to damage to government property. In this case, a more serious fine is provided - 5 thousand rubles.

The listed amounts apply to individuals . If the violator is an organization or official, the penalty is several times greater.

ATTENTION! In addition, if the rights of residents have been violated, they have the right to demand that the local area be restored to its original form at the expense of the violator’s personal funds.

Self-occupation of a plot of land near an apartment building is considered a significant violation . It is punishable by fines and orders requiring the removal of illegal fences.

Those wishing to punish unscrupulous car owners must file a complaint with the authorities dealing with such violations.

What is stated in Art. 262 Civil Code

Art. 262 of the Civil Code contains information regarding the rules for using the local area, which is considered public land.

Article 262. Land plots for public use. Access to the land plot

1. Citizens have the right to freely, without any permission, be on land plots that are not closed to public access and are in state or municipal ownership, and to use the natural objects available on these plots to the extent permitted by law and other legal acts, as well as by the owner the corresponding land plot.

2. If the land plot is not fenced or its owner has not otherwise clearly indicated that entry to the plot without his permission is not permitted, any person may pass through the plot, provided that this does not cause damage or disturbance to the owner.

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This information includes:

• residents of the house without permission from various authorities can use the area next to the house for various purposes, but only within the limits of the law;
• If citizens fence off any area with clearly marked boundaries without permission, then each person can use this territory or contact the authorities to eliminate the violation.

Important! It is possible to privatize a certain part of the territory, after which it will be used by the owner at his discretion, but this should not create obstacles to the movement of other cars, and the owner will also have to pay land tax.

Punishments for violations by individuals and companies

Various fines are imposed for illegal use of territory, and they may differ in different regions.

Important! For companies, such fines will be much higher than for individuals.

Dismantling of illegal parking by decree.

The main points include:

• for violation of traffic rules when parking a car, the owner of the car is punished with a fine of 1.5 thousand rubles, and if it is detected in Moscow or St. Petersburg, then the fine increases to 3 thousand rubles, and this also includes squatting of the territory;
• violation of fire safety rules becomes the reason for a fine in the amount of 1.5 to 2 thousand rubles. for individuals, and for companies it increases from 20 to 150 thousand rubles;
• for damage to the surface or lawn, you will have to pay for the damage caused, and in cities of federal significance an additional fine of 3 to 5 thousand rubles is imposed;
• for arbitrariness represented by stopping the car in a place that impedes through traffic, a fine will certainly be imposed along with the evacuation of the car to the impound lot.

Thus, car owners must understand what punishment they will have to bear for detected violations.

Illegal parking

The law allows the organization of paid and free parking in the courtyard of an apartment building, but only in compliance with the parking organization procedure.

But not everyone acts according to the rules. Therefore, recently illegal parking in courtyards has become an acute problem for the public. But how can you determine that the parking of a car is actually organized in violation of the law?

To do this, you need to familiarize yourself with the main situations in which parking will be considered illegal:

• The territory related to the house is not included in the cadastral documentation. It must be indicated in the cadastral plan.
• The organization of parking was not discussed at the general meeting of residents.
• The documents do not contain a decision on fencing the local area. The minutes of the general meeting must be drawn up, which must contain the consent of all owners to organize free or paid parking for cars.
• The rights of all owners of a multi-storey building are not defined. For example, no decision was made on free parking in an organized parking lot.
• Lack of documents confirming that the area near the house is leased to the owner. A rental agreement is especially necessary in the case of installing a barrier or a terminal intended for paying for parking.

If several homeowners decide to organize parking in the yard without agreeing on the issue at a general meeting, then such an act is also considered illegal. Any actions must be confirmed by the consent of all residents of the high-rise building.

ATTENTION! If the territory of land adjacent to an apartment building belongs to the state, anyone can leave a car there, but without installing a fence. This will already be considered a violation.

Where to complain about the seizure of territory

If the residents of the house are unhappy that a certain person has fenced off the area next to the house in order to constantly park his car on it, then they can file complaints with different authorities:

• Initially, you need to try to solve the problem peacefully, for which you can ask the car owner to remove the barriers, and it is also recommended to warn him that if this is not done, complaints will be sent to various government agencies;
• contacting a public point that specializes in maintaining order in a particular region, and it is called OPOP, and the employees of this institution, upon the application of residents, must record the violation and write down the car number, and then use special equipment to remove the barriers;
• filing a complaint with the Internal Affairs Directorate is considered an effective method of influencing the offender;
• if the above methods do not bring the desired result, then an application is made to the housing department, and the employees of this institution must remove the structures that violate the law, and the application is considered within one month;
• drawing up an appeal to the local administration, a decision on which is made within a month, after which all fences from the territory will certainly be removed;
• it is possible to contact a special commission that prevents various types of illegal activities related to parking, but such organizations are located only in large cities;
• appeal to the media, which will attract the public to this problem;
• drawing up an application to the State IP authorities.

Thus, if an illegal occupation of a certain part of the territory located next to a high-rise building is detected, residents can use various methods to attract the attention of specialized services. In most cases, barriers are removed within one month.

Ways to file a complaint

To file a complaint with any of the above organizations, a written statement must be drawn up. A sample complaint about illegal parking in the courtyard of a multi-storey building can be downloaded below for free.

Illegal parking in the courtyards of houses, what to do.

It must contain the following information:

• the name, address and contact details of the applicant;
• date when the appeal is made;
• information about violations;
• applicant's signature.

Sample complaint about illegal parking in the courtyard of a multi-storey building.

Important! To promptly consider the application and increase the likelihood of a positive resolution of the issue, it is necessary to attach evidence to this document, and it is advisable to take photographs of violations for this purpose.

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Filing a complaint can be done in different ways:

• when visiting the selected institution in person, and in such a situation it is advisable to have two copies on hand, one of which is given to the employee of the organization, and on the other he must put a stamp and signature, as well as the date of acceptance of the application;
• sending documents by mail, and for this you need to use the attachment list, as well as use registered mail;
• if it is not possible to use the two above methods, then you can invite an authorized person who, on behalf of the applicant, will submit the application to the institution, but for this he must have a notarized power of attorney.

Important! The likelihood of a positive resolution of the issue increases in a situation where several residents of the house are involved in drawing up an application at once, so a collective appeal is formed, signed by several citizens at once.

How long does it take to process an application?

All requests to the above organizations are considered within 30 days from the moment the transfer of documents was registered.

The applicant must receive a written response.

Important! This period may be extended by different organizations for another month if any specific factors need to be identified.

If a positive decision is made on the complaint, then various fences are removed from the territory, and the violator is also required to pay a fine for violations.

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It is he who must eliminate the installed elements, and if he does not comply with this instruction, then this threatens him with additional fines.

Proof

The evidence base for unauthorized parking in the yard can be:

1. Photos. It is advisable to take photographs showing the offender’s car and its license plates, fencing elements, as well as a house with an address sign. Other objects may also be depicted that indicate a parking violation.
2. Video recording. The video may contain footage of illegal parking, or a violator driving into a fenced area.
3. Testimony of witnesses. The local police officer can interview residents if they contact the police department.

When going to court, all evidence must be provided in its original form. Copies may be submitted to other organizations. Photos and videos must be taken in good quality so that all important details are clearly visible.