12.10.2023
Rules for parking a car near the house. Current fines for illegal parking in the yard. Parking rules, is it possible to avoid fines? We arrange permanent parking
Numerous hostilities between neighbors based on incorrect and illegal parking completely change the attitude of the residents of the house towards each other. Therefore, these disputes often end in litigation.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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But if residents of multi-storey buildings knew about the existing laws, then they would not have to endure exhaust fumes for a long time, listen to the loud sound of car alarms blaring in the early morning, the sound of a motor, and, in the end, waste their nerves on daily proceedings.
Who is responsible for off-street parking?
- prohibits the construction of organized or unauthorized parking at a distance of less than 10 meters from a residential area, Table. 7.1.1;
- It is not allowed to park a truck within a radius of 50 m from the premises, except for commercial vehicles;
- You are not allowed to stay near the house with the engine running for more than 5 minutes;
It is prohibited to enter the landscaped area around the house, including a children's playground, sidewalk in the yard, lawn, fence. An offense will result in a fine, the amount of which will depend on the region;- You cannot leave your vehicle in the yard when turning, become the second row, or hit the curb.
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.
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 space must be allocated for the disabled;
- the issue of the number of places for disabled people is decided by local government;
- after reaching a compromise between the neighbors, a preliminary parking plan drawn up design organization, the cadastral certificate and 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 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 the land, in the absence of the right to a part 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.
Table 1. Fines for non-compliance with traffic rules.
Art. Code of Administrative Offenses of the Russian Federation Type of violation Tax amount Failure to comply with standards established by signs or by marking the roadway prohibiting the stopping or parking of vehicles. 1,500 rubles Other parking offenses Penalty up to 5,000 rubles. + evacuation 12.16 p.2 Illegal U-turn in violation of the requirements, signs or indicators of the roadway Collection from 1000 to 1500 rubles. 12.19 p.2 stopping or parking in places designated for temporary stopping or parking of cars of disabled people The fine is 5000 rubles. + evacuation 12.19 hours 3 -6 Stopping or parking a car on a pedestrian area, with the exception of a forced delay, or the offense of temporarily parking a car on the sidewalk, causing an obstacle to the movement of pedestrians Penalty 1,000 rub. (for autonomous cities 3,000 rubles 12.19 hours 3-5 Other offenses of stopping and parking a car Warning notice or penalty of 1,000 rubles (for the largest districts 2,500 rubles) Exceeding the noise level or toxicity of the machine Warning or fine 500 rubles Part 1-2 Failure to comply with the rules established for the movement of cars in residential areas Punishment 1500 rub. Where to complain
Obstruction of personal transport passages and pedestrian areas is real problem XXI century, therefore, lawyers recommend creating written applications for car owners to the traffic police.
Residents of houses have the legal right to sanitary inspection, fire service, environmental organization, as well as the district engineering service.
Sanitary standards
Regular conflicts arise due to the lack of at least a unified position in regulations and laws regarding parking rules.
The leading document that guides the regulation of parking area development standards in 2020 is sanitary standards No. 2.2 1/2. 1/1. 1200-03.
According to this document, it follows:
- The distance from the residential area to the parking area is at least 10 meters.
- Open parking for up to 50 cars is permitted subject to the conditions of the Sanitary and Epidemiological Supervision Service and the elements of improvement of local areas, taking into account the total area.
Table 2. Determination of the distance from the walls of buildings to the parking lot.
Defined structures Permissible distance in meters for a certain quantity vehicles Site capacity 10 and below 10 -50 50 -100 100-300 300 + Residential buildings, including the ends of buildings without window openings 10++) 15 10++) 25 35 35 Public buildings 10++) 10++) 15 25 25 Medical institutions (open, closed), places for recreation 25 50 +) +) +) Preschool institutions, secondary schools 15 25 25 50 +) +) the permissible distance is determined Government bodies sanitary supervision;
++) for structures with III-IV type of fire resistance, the distance is supposed to be at least 12 meters.Arrangement
The arrangement of parking lots requires the presence of all the necessary paraphernalia for the safety of pedestrians and vehicle owners.
Horizontal marking includes proper application of:
- parking markings;
- direction arrows;
- numbering;
- center lines;
- individual elements.
A professional approach and taking into account important factors, including small details, will allow you to delimit the common territory as efficiently as possible, while significantly increasing the number of parking spaces:
- Installation of signs consists of installation of signs traffic.
- Installation of metal posts.
- Flexible rubber posts.
Alexander, it is better to let a car approaching from the right pass than to later try to prove that it was leaving the adjacent territory. Since by default it is not clear whether the parking lot is an adjacent territory or not.
Good luck on the roads!
Hello. everything about the residential area and courtyard area is very interesting and resolving issues with violators is much easier than in a situation where the administration calls the drive past two houses from the entrances a duplicate road and for this reason refuses to put up any traffic or even speed limit signs. According to the cadastral map, the residents of the houses only own the land under the house itself, and it is not possible to solve this problem without the participation of the administration. and the traffic police ask the question, why don’t you supervise the children, to the assertion that from the entrance children go straight to roadway.
Marina, Hello.
What exactly do you want to achieve in this situation? Do you want to use the road for something else?
Well, apparently, so as not to go with high speed along the road (legally along the road, but in fact in the local area).
In general, artificial bumps are usually made for such cases.
Well, another 3.2 sign would be nice.
I completely understand the sadness of the local residents. Instead of living in a quiet place, they were given expressway.
Very often, minor children ride past our house, which is located in the private sector, on ATVs. The road also runs next to a children's playground, children on ATVs "fly" at breakneck speed. We repeatedly called and complained to the traffic police. But we never received any action from the traffic police. The situation is heating up more and more every year. What to do and are there any methods of influence. It becomes unbearable to live and be afraid for the kids playing on the playground.
The supervisory authority over the traffic police is the prosecutor's office. You can complain about inaction.
Contact the administration settlement with a request to limit the speed in this area with the installation of appropriate signs (artificial humps).
Sergey-793
Hello! In our yard, landscaping work began without warning. Several cars were locked in the indoor parking lot. Over the phone, the landscaping manager replied that the parking lot inside the yard is for guests, and the car can be left there for no more than 2 hours. Is this true?
Sergey, Hello.
1. I recommend that you find out on the basis of which documents such requirements are imposed in the parking lot. There are yards where such requirements are established, but not everywhere. In addition, the fact of guest parking does not give the right to “lock” cars.
2. If the car cannot leave the yard, then you can try to bring the person responsible for the situation to justice for (20,000 rubles).
Good luck on the roads!
An automatic barrier was installed near the house, but some car is constantly blocking the entrance or exit to annoy us because it cannot enter the courtyard area. Is there any punishment for such drivers?
Love, call the traffic police and report that a car is blocking the entrance. A tow truck will come and take the car for obstruction. The driver will also be fined under Part 4 of Article 12.19 of the Administrative Code.
As a rule, one evacuation is enough.
Good luck on the roads!
Dmitry-526
Hello. The management company at the entrance to the yard has hung a sign limiting the speed to 5 km/h and is threatening to send data to the traffic police on violators. How legal is the action of the management company?
Hello. You can get ahead of the Criminal Code and “send data to the traffic police” about the violation of the Criminal Code itself.
The traffic rules contain clause 1.5: ...It is prohibited to damage or pollute road surfaces, remove, block, damage, install without permission road signs ...
If a sign is installed without permission, it will be removed.
Good day! I am a resident of Krasnodar. Housing construction is actively underway in our residential neighborhood. Lately it has become simply impossible to rest. Construction equipment drives under the windows of our houses all night. Concrete mixers with the mixers turned on are especially annoying. In the morning I trudge to work, sleep deprived and “broken.” And should I carry out operations... Is there any law against construction workers who rumble at night? Thanks in advance!
Ivan, Hello.
This question does not relate to road traffic, so I can only recommend that you study it yourself Federal law"On the sanitary and epidemiological welfare of the population" dated March 30, 1999 N 52-FZ and related regulatory documents.
In general, the procedure should be as follows:
Find standards for maximum noise levels at night;
Measure the actual noise level at night;
Find specialists who will draw up a report on excess noise levels;
Contact the regulatory authorities with a complaint.
Good luck on the roads!
Hello!
Tell me, is it possible to somehow regulate and limit the exit of cars from the fenced area of new buildings, which opens directly onto the entrance of a five-story old building? The new quarter has several exits and bypass roads behind their houses, but residents preferred to turn these bypasses into additional parking areas, and the overwhelming majority of people left along one “convenient” route. This resulted in very high traffic entering and exiting, increasing the risk of both a child and an old person being hit by a car. In addition, if the car’s brakes fail, and cars are leaving and entering at speeds far from 20 km/h, then the car can “drive” right into the entrance of a residential building. Please advise how to solve this problem?
Elena, Hello.
First, find out who owns the land in front of the specified entrance. If it relates to your residential building, then you can make a decision at a general meeting of owners about, for example, blocking the road.
If the land does not belong to the house, then all that remains is to contact the traffic police with a request to install additional road signs restricting the movement of cars.
Good luck on the roads!
Evgeniya-61
Hello, we have a road, there is a school along the road. There is a pedestrian crossing across the road from the school. Then, after 6-8 meters of roadside green area, a courtyard area runs parallel to the roadway; there is a blue sign at the entrance to it. In the courtyard area there is a continuation of this pedestrian crossing, a rather wide crossing (visually, by the way, is there a regulation on the width of the pedestrian crossing?). So the traffic police got into the habit of evacuating cars parked along the house from the continuation of the pedestrian crossing in the courtyard area. The base is no 5 meters before the pedestrian crossing. Are the actions of the traffic police lawful?
Evgeniya-61
Image:
Evgenia, the actions of the traffic police officers are lawful.
Cars should not be parked closer than 5 meters from a pedestrian crossing.
Good luck on the roads!
Dmitry-530
Hello, when leaving a residential area, the driver is obliged to let pedestrians pass, this is understandable, but when entering a residential area, this rule applies. It often happens that drivers fly into a turn between oncoming cars, and do not look at pedestrians at all
Dmitry, Hello.
Paragraph 8.3 of the traffic rules:
8.3. When entering the road from the adjacent territory, the driver must give way to vehicles and pedestrians moving along it, and when leaving the road - to pedestrians and cyclists whose movement path it crosses.
Good luck on the roads!
Hello!
At the entrance to the yard, there is an asphalt patch (not a sidewalk, not a lawn, not marked with markings or curbs), away from the roadway, but directly adjacent to it, usually used for parking cars. Cars are parked between the driveway into the courtyard and the driveway into the underground parking lot. The road is not blocked. Thus, the parked car was evacuated to the impound lot. The protocol states: “second row parking on the roadway.” In words, the inspector explained that the car was not parked at the edge of the roadway and not parallel to the curb.
Are the actions of the traffic police lawful?
Kirill, Hello.
Attach a diagram of the specified location or a photograph of it.
Alexey-553
Hello.
Our management company drew pedestrian crossings in the yard. Is this legal?
Alexander-858
Is it legal to install a pedestrian crossing sign and draw a solid line in the area covered by the “residential zone” sign? Initially, priority is given to pedestrians in the residential zone area of the sign. And why is it applied? solid line in intra-block driveways, where the speed is limited to 20 km/h, in order to reduce the number of parking spaces?
Alexey, Hello.
In general, the legislation does not prohibit the organization of pedestrian crossings in courtyard areas. As for your question, I cannot answer it exactly, because... I do not know whether the organization of the transitions was agreed upon.
Good luck on the roads!
Alexander:
1. The legislation does not prohibit this.
2. Ask this question to the person responsible for organizing traffic on this street. The reason for the marking must be known to him.
Good luck on the roads!
Valery-109
I parked my car 100m from sign 5.21 at the entrance to the residential area and next to the entrance to the yard on the opposite side of the entrance to the yard. At night my car was evacuated to a parking lot, charged with Article 12.29.4 and a fine of 2000 rubles. Is this legal? The detention of the vehicle is explained by the distance of less than 5 m from the vehicle to the intersection of roadways.
Valery, if the car interfered with the movement of other vehicles, then evacuation is legal.
In this case, I recommend that you familiarize yourself with the case materials and understand whether the car really interfered with someone’s traffic. This must be indicated in the file. If there is no such information, then it makes sense to challenge the fine, because Parking in itself at a distance of less than 5 meters from the roadway being crossed does not entail evacuation.
The law that each resident of a high-rise building will be allocated his own space for a car has not yet been adopted. Discussions about this are ongoing at the highest levels of government, but so far no bill suitable for signing has been developed. Let's figure out what standards for parking vehicles in local areas are in force in 2017, and what the deputies proposed to introduce.
Current sanitary standards
The main document that today regulates parking near an apartment building is the current sanitary standards. According to them:
- a parking bay accommodating up to 10 cars should be located ten meters from a residential building;
- If the parking lot can accommodate up to 50 cars, then it is important to follow all the rules that are provided for arranging the area near the house.
In the latter case, apartment owners in a high-rise building can try to privatize the local area, but this process is very complicated. 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. 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 2017, 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 equip extensive underground parking. For example, latest news they say that such letters of recommendation were received by builders from Krasnoyarsk. In addition, a number of regions have introduced their own rules for the design of neighborhoods, which developers must comply with.
What the traffic rules say about parking on the territory near a residential building
Every driver of a vehicle must obey traffic rules - this is the basic law for motorists, which must be observed not only while driving, but also in parking areas near an apartment building. This law provides for the following standards and penalties:
- Stopping a car with the engine running for more than 5 minutes near a residential building. Only parking is permitted for disembarking or embarking passengers, as well as for handling cargo. If you warm up your car for a long time in the morning during the cold season, then your neighbors have the right to complain to the traffic police. The inspector can issue a fine of 1,500 rubles or 3,000 (for large cities and capitals).
- According to the adopted amendments to the traffic rules, drivers of heavy vehicles will have to part with the same amount. They cannot be placed in a parking pocket at home; there are special parking lots for trucks and vehicles weighing more than 3.5 tons.
- In 2019, it is possible to evacuate cars parked on sidewalks. Special equipment now works in the courtyards of residential buildings. The driver will have to bear double responsibility - to pay for the towing of the car and pay a fine of 2 thousand rubles. In some cases, parking on sidewalks is not prohibited, but only in situations where two meters are left for the free movement of pedestrians.
- The exact amount of the fine cannot be determined for another violation - blocking the passage of other vehicles, including special service vehicles. Often this becomes a whole problem for residents of a multi-storey building, because sometimes the passage is inaccessible to firefighters, rescuers or ambulances. Depending on the situation, the traffic police inspector may assign different types fine, guided by the Administrative Code.
- Some residents fence off their own private parking spaces near the house, preventing other cars from leaving there. The fine for this reaches 5 thousand rubles.
- Parking near garbage containers costs from two to five thousand. It makes it difficult for public utilities to operate. Remember that you should not leave your car near garbage cans; the minimum distance from them should be five meters.
Parking on the lawns deserves a special mention. If there are no barriers installed near your house at the entrance to the lawn, then sooner or later you will find a neighbor’s car on it who did not get a parking space. The law prohibits leaving cars on the lawn, but remember that in summer time you need to complain about the actions of motorists to the traffic police, and in winter to the sanitary services (if the transport is parked right under the windows). This is due to the fact that after snow falls, the boundaries of green spaces in the area near the house are not visible, and traffic police inspectors are powerless in this case. IN judicial practice There are many cases where careless motorists were able to appeal a fine for parking on the lawn issued in winter.
How fines can be assessed
If you want to punish those who park at your house as they please, then you should not call public organizations and spoil someone else’s property, just take the following steps:
- take photos and videos of violations;
- invite a traffic police inspector to the yard;
- inform him of the known data and provide the collected materials.
As a result, the traffic police officer will draw up protocols and issue fines to all violators. Sometimes car owners do not comply with sanitary standards, then it is also worth taking photos and videos of incorrectly parked cars and contacting the appropriate services.
In some cases, a fine may be issued by fire inspectors, for example, when a parked vehicle blocked access to the house where the fire occurred. Employees of the management company can inform traffic inspectors about illegally parked cars. For example, if the law on parking near garbage cans is violated. In this case, in order to still take out household waste, management company employees can call a tow truck.
Why were the current rules invented?
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.
Ideally, each house should be allocated a parking space for 10 to 50 cars (depending on the number of apartments and number of floors), but in reality, many who work late have to leave their cars wherever they have to. If you can’t find a place for your vehicle, then it’s best to go to the nearest paid parking lot.
The law allows residents of the house to install barriers at the entrance to the yard. This will protect them from the cars of residents and guests from neighboring buildings who could not find a place in their parking pocket. However, the purchase and maintenance of the barrier is not included in the fee. public utilities. Its installation can be done after a meeting of all owners and collection of signatures. Consent to the barrier must be given by 2/3 of all owners. Money for the installation and maintenance of this equipment is collected from all apartments in the building in equal shares.
What do 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's why new law is currently being finalized.
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. If the number of residents is expected to be two thousand, then there should be 80 guest places.
This law is not perfect, since in Russia large families who have several cars can live in small-sized housing. According to the new rules, they will be forced to leave “extra” cars in other territories. While some of the places assigned to residents of spacious apartments may be empty. This situation is fraught with conflicts between residents of high-rise buildings. At the same time, finding a peaceful solution is easy if you learn to negotiate with your neighbors.
Additionally, deputies proposed a law according to which locally paid parking New rules will apply to residents of nearby buildings. In particular, at night they become free and can be used by anyone, including residents of nearby houses. Presumably, regional authorities will regulate the implementation of the law, and for control they will have to create a special register that takes into account all parking spaces in the city, including those located in the local area.
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2 years ago
09.07.2018, 12:05 61222 0 Assembly of Motorists
Parking near the house is a topic that can be discussed endlessly. It’s good when there is space in the underground parking lot, in the parking lot near the house or near the cottage. In this case there are no problems.
This is all good, of course, but for most drivers, parking in the courtyard of a house is sometimes a task with many unknowns, especially when it comes to residential areas in large cities with houses without parking or in areas of old buildings, for example, in the center of Moscow or St. -Petersburg. In a word, about places where there is a shortage of free space, and the parking itself turns into a real puzzle similar to Tetris.
To be fair, it should be noted that the deputies State Duma They are discussing the adoption of a new law on parking in the courtyard of an apartment building, which would streamline the relevant issues. There is talk that it will be possible to privatize parking spaces, organize small private parking lots, and that parking a car in the courtyard of a house will become paid. However, many experts doubt that all the measures being discussed will fundamentally solve the existing problem...
What parking rules apply in the courtyards of residential buildings in 2018?
The main legislative acts regulating this area are Sanitary Norms and Rules - SanPin and Traffic Rules - Traffic Regulations.
In principle, all the rules for parking in the courtyards of residential buildings are quite logical. If you strictly follow them, you can avoid problems with residents of the lower floors and fines.
Parking rules in the yard
You can often see a picture where, with a lack of free space on the sidewalk and the absence of a lawn fencing, cars take advantage of it. In this case, you need to be prepared for a fine, which will be issued by a traffic police officer upon a call from neighbors who are “not indifferent” to nature.
Some motorists believe that this legal requirement does not apply to the winter period, when snow falls and the border of green spaces becomes invisible. They are partly right, but you need to understand that in addition to the traffic police, there are also sanitary services that can punish you for parking next to the windows.
2. You cannot leave your car near garbage containers.
This is a logical rule, because if a car is parked near garbage cans, it will greatly complicate the work of public utilities. The minimum distance to containers must be at least five meters. Moreover, the car should be positioned in such a way as not to impede the access of garbage collection vehicles. In addition, parking near garbage cans always angers the residents of the house, who are not shy about their means of influencing a careless driver.
In any case, parking near garbage containers will cost the driver from two to five thousand rubles.
Rules regulate time continuously running engine when stopping the car in the yard - no more than five minutes. This means that you can only stop to board or disembark passengers and to load or unload cargo. This rule is especially relevant in winter, when low temperature air forces motorists to warm up the engine in the morning.
As a result, the yard is filled with the noise of running engines and clubs exhaust gases, which naturally causes dissatisfaction among residents and calls to the traffic police with complaints. For this violation, a fine of 3 thousand rubles is provided for large cities and 1.5 thousand for other populated areas.
They also prohibit Traffic rules for parking in the courtyards of residential buildings and other places on sidewalks. True, with the caveat that if the distance for pedestrians to pass is less than two meters. This is also a logical rule, because pedestrians also need space.
Violation of this rule entails a fine of 2 thousand rubles and may even lead to evacuation, for which the car owner will also have to pay.
5. Obstruction of the passage
One of the most common and unpleasant violations of parking rules in the courtyard of an apartment building is blocking the passage, which in turn turns into a colossal problem both for other drivers and for special transport: ambulances, firefighters, rescuers, gas service, water utility and others.
It is difficult to name the exact amount of the fine for this violation. Everything depends on the current situation and is regulated by the Code of Administrative Offenses of the Russian Federation.
In conditions of fierce competition for free spaces, especially “smart” drivers set up personal parking spaces near their home, and often right next to the entrance to their entrance. Various auxiliary materials are used, but most often civilization comes to their aid in the form of special parking fences with locks.
However, when arranging your own personal parking space, you must understand that this is a violation, for which a fine of 5 thousand rubles is provided.
The rules provide for parking spaces for ten cars no closer than ten meters from the house, so if you park the car close to the wall or directly under the windows, get ready for a fine. Truck drivers and other drivers will also be fined. trucks. For vehicles over 3.5 tons there are parking lots.
