Parking for company cars in the courtyard of a residential building. I heard that from January Gazelles and taxis will be prohibited from parking in courtyards

Comfort is a natural human desire. It consists of millions of different aspects, among which there are some deeply personal parameters, and social, communicative ones. A car has long been a necessity of life, but in addition to the period of its operation, a considerable period is required for parking. This is where a conflict of public interests sometimes arises, when one party needs to park a car near the house, but the other is not satisfied with this for one reason or another.

Parking in courtyards often causes scandals and even lawsuits. Is it possible to place it under windows, near playgrounds, on lawns, sidewalks, etc. – these questions arise in cities all the time. We will dedicate this article to them, carefully examining all the details of the legality of parking for vehicles.

Is it possible to park in the courtyard of a residential building? What does the law say?

Can, but for this the established rules must be followed. We will consider them in detail in a separate section, but here we will turn to the first difficulties of a legal nature, which cause the most controversy.

The fact is that in the profile SanPiN 2.1.2.2645-10 there are two articles:

• Article 2.3 allows arrange in yards guest parking.
• Article 2.10 prohibits placement in courtyards permanent parking lots.

Opponents of cars parked in yards insist that residents who park their cars every day do so constantly. Accordingly, parking becomes permanent, which is prohibited. Complainants insist on a rather illogical design, they say, people who accidentally arrive (guests) can park their cars, but those living in this yard cannot.

This is not only illogical, it also does not comply with the law:

1. There are no legal regulations that precisely describe the difference between guest and permanent parking in terms of parking time or categories of owners.
2. Another SanPiN 2.2.1/2.1.1.1200-03 specifies standards, incl. by distance from buildings and equipped parking areas. That is, the very fact of parking is possible, but, of course, if the conditions are met.

The most important argument in favor of the possibility of parking in the yard is legal experience. Citizens have repeatedly sued management companies for, in their opinion, improperly located yard parking lots, but in the vast majority of cases the court recognized the legality of parking lots.

It is impossible to determine whether parking is temporary or permanent, especially when the vehicle is used permanently. However, truly long-term storage (for example, for the winter) can lead to negative consequences, but this option is not guaranteed.

Truck parking in a residential area

Truck, as they say, is different from truck. As for parking specifically, vehicles of this type should be divided into two categories: up to and over 3.5 tons.

Truck parking in over 3.5 tons must obey the following rules:

• Clause 17.2 of the Russian Federation Traffic Regulations directly prohibits parking in a residential area for such vehicles unless they (parking lots) are marked with special signs/markings.
• In accordance with Part 1 of Art. 12.19 Code of Administrative Offenses of the Russian Federation, violation of parking rules will result in a fine of 500 rubles. The same violation, but occurring in Moscow or St. Petersburg - 2,500 rubles (Part 5 of the same article).

Thus, if parking lots are not equipped specifically for this type of transport, parking of trucks over 3.5 tons in yards is prohibited.

With trucks with maximum permissible weight less than 3.5 tons the opposite is true. Their parking lots are not regulated by separate regulations, which means You can park these cars according to the same rules as cars.

Unloading and loading operations and personal transport of company employees

Separately, it is necessary to consider cases of stopping and parking vehicles that do not belong to residents of nearby houses, but are related to public premises (offices, shops, etc.) located in such houses.

Here it is worth talking about two types of vehicles - personal transport of employees of such public organizations and cars parked for the purpose of unloading and loading operations. With the first type everything is simple:

Personal transport of employees of companies located in a residential building should be located outside local area.

As for work on unloading and loading products or materials, they must be carried out in compliance with the following standards:

1. This type of work cannot be carried out on the side of facades that have windows and entrances. Permitted in the following places:
   • ends without windows and doors;
   • from underground tunnels;
   • from highways;
   • through special closed landing stages.
2. If a public premises (attached to a residential building) has an area of ​​less than 150 m², it is allowed not to equip special loading rooms.

We examined the requirements and possibilities for equipping parking in courtyards in terms of the weight of the car, where the owners live and parking time. We will not return to freight transport anymore. Let's move on to the parking standards for ordinary cars weighing up to 3.5 tons.

Rules for parking a car in courtyards according to traffic rules

Let us remind you that legally there is a difference between guest parking in the yard (they are allowed) and permanent parking (prohibited). However, unless we are talking about really long-term storage of a car, it is almost impossible to determine the difference between these types. From the point of view of reality, we can say that off-street parking is allowed. But they must meet certain conditions.

Stopping and parking on lawns

Travel, unless it is related to service, stopping and parking on lawns is prohibited.

This norm is not difficult to understand. But explaining why (on what basis) is quite problematic. The fact is that this norm is regulated by a set of federal, regional, and even municipal legislation. Not only the fact of the ban is established, but also the amount of penalties.

Let's consider the legislative chain using the example of Moscow:

1. Article 1 of the Moscow Law “On the Protection of Green Spaces” classifies herbaceous vegetation of natural or artificial origin as “green spaces”.
2. Article 7 of the same law states that it is illegal to move and park on green spaces.
3. Translating what happened into the framework of a violation of parking rules, it falls under Part 1 of Art. 12.19 of the Code of Administrative Offenses of the Russian Federation - a fine of 500 rubles for illegal parking, or a fine of 2,500 rubles if the offense occurred in Moscow or St. Petersburg (Part 5 of the same article).
4. However, the difficulties are not over! Federal legislation allows federal subjects and/or local authorities to determine the amount of fines. Here is what the Moscow Code of Administrative Offenses says about this:
   • For placing a vehicle on an area with green spaces (Article 8.25 of the Moscow Administrative Code):
     
   • For damage to green spaces using motor vehicles (Part 2 of Article 4.18 of the Code of Administrative Offenses of Moscow):
     

It is obvious that local legislation has significantly tightened the penalties provided for by the federal Code of Administrative Offences. At the same time, this is not a violation, because At the federal level, only parking violations are established, with no indication of lawns/green spaces.

In addition, the example of Moscow shows that prosecution can occur under both articles at once, and instead of 500 - 2500 rubles prescribed by the federal code, 9500 rubles can be collected.

In the regions the situation is similar, but the size of fines can vary quite significantly.

You cannot park your car near garbage containers

At the federal level, there are no articles that directly indicate a ban on parking near garbage containers. However, the norm of Part 4 of Art. 12.19 of the Code of Administrative Offenses of the Russian Federation on obstructing the movement of other vehicles, because containers must be served by garbage trucks.

According to this norm, the fine will be 2000 rubles, and for Moscow and St. Petersburg (Part 6 of the same article) - 3000 rubles.

Local authorities have the right to regulate this norm with independent legal norms, incl. and establishing separate fines.

Parking in the yard of a house with the engine running

Fine for violating parking rules in yards

We have already talked about penalties above, but we will summarize them in a separate section for a better understanding:

Want to save on fines? Then half the amount.

Appeal

Appealing fines occurs according to the general scheme that we described. The application is submitted at the place where the incident was recorded to the head of the local traffic police or to the district court. Before starting a dispute, please visit our website. For free !

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:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

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, the preliminary parking plan drawn up by the design organization, the cadastral certificate and the application should be sent to the local improvement department for consideration, as well as the traffic police;
• the application is written in free form, which justifies the need to organize parking spaces;
• documents are submitted in one complete package. This step is an integral part of the process, because higher authorities must comply with the projection regarding technical standards;
• the decision of the territorial administration can be either positive or negative. If approved, final approval from Rospotrebnadzor together with engineering services will be required;
• the question may also arise about the need to conclude a lease agreement for land in the absence of rights to part of the local area;
• Do not forget that parking near the building may be prohibited by the decision of the residents, therefore, the adjacent area will be a free space.

Traffic regulations requirements

Traffic rules are the fundamental law for the owner of any type of transport, and therefore must be followed both on the road and in the courtyard area.

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 the standards established by signs or road markings prohibiting the suspension 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 a real problem of the 21st century, therefore lawyers recommend creating written applications for car owners to the traffic police.

Residents of the houses have the legal right to the 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:

1. The distance from the residential area to the parking area is at least 10 meters.
2. 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 number of 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 by the State sanitary inspection authorities; ++) 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:

1. Sign installation consists of installing traffic signs.

   

2. Installation of metal posts.

   

3. Flexible rubber posts.

   

   

You cannot leave your car in the courtyard of a residential building unless you comply with certain standards established by the Code of Administrative Offenses and regional legislation. Violating them will lead to adverse consequences, and not only fines and evacuation. Neighbors who are dissatisfied with the stopping place may damage the car. Compliance with parking rules in the local area of ​​an apartment building will significantly reduce the car owner’s expenses.

Conflicts that arise between apartment owners in residential buildings fighting for a parking space can only be resolved by tightening regulations governing parking requirements. Residents who leave their car in the yard should be aware that there are places where the car cannot end up under any circumstances.

These are the passages and areas where:

• passage must be left for garbage trucks, ambulances, the Ministry of Emergency Situations, and other emergency services;
• there are playgrounds, car exhaust disturbs children and harms their health, and children themselves can damage the vehicle while playing;
• lawns are located. Penalties for having a car on them are usually provided for by regional regulations.

In addition to traffic rules and local legislation, many parking rules near the house and in courtyards are regulated by sanitary standards. So, they determine at what distance from the windows of houses cars should be located; placing them close to the wall is prohibited. So, if the layout of the yard provides for less than 10 parking spaces, the distance to the windows should be at least 10 m, if 10-50, then you will need to allocate 15 m. If the yard can accommodate 50-100 vehicles, 50 m is required.

These standards are almost never observed. Very often you can see cars parked next to apartment windows, especially in houses with an old yard layout, where there is no lawn at the entrance.

Norms of the Code of Administrative Offenses

A significant list of violations can be found in Art. 12.28 of the Administrative Code, which regulates compliance with traffic requirements for the pedestrian zone. They do not directly relate to parking, but it will also be severely punished. These are the prohibitions:

• for through passage;
• training ride;
• parking with the engine not turned off;
• passage and stopping of vehicles with a permissible weight of more than 3.5 tons.

Important: If any such offense is detected, it must be recorded and reported to the traffic police, since it creates significant inconvenience for residents of the apartment building.

Evacuation conditions

A gross violation of traffic rules will result in the car being detained and sent to a parking lot. This will force the car owner to pay additionally:

• the cost of transportation, in different regions it will amount to a significant amount from 2 to 5 thousand rubles, for owners of heavy vehicles it will cost even more;
• tariffs for impound parking services, which are calculated per hour or per day, depending on the region;
• the cost of loading, if it was possible to agree and remove the car from the tow truck.

However, the car cannot be picked up if the driver has accumulated unpaid fines. They sometimes amount to a significant amount, and the total violation budget becomes such that the owner would prefer to simply forget to pick up the car from the parking lot. If parking services can be paid for within 30 days, then permission to pick it up will not be granted without crediting the debt amounts to the budget. You can stop the evacuation if you quickly move the car to the appropriate place, and a fine will still be issued.

Note: It will be possible to prevent transportation only until the moment the vehicle is loaded onto a tow truck.

Fines

Violating the rules for parking a car in the courtyards of residential buildings will result in significant fines. If the vehicle is left on the lawn, the penalty will be determined by local law. For example, in St. Petersburg you will have to pay 3-5 thousand rubles for this violation. Most likely, neighbors will report that the driver stood up incorrectly; they will also send a photograph or video recording to the parking services, which will allow the registration number of the offender to be established.

You will have to report such parking of the vehicle to the traffic police or the competent city services. Traffic regulations in fact allow you to leave a vehicle either in the parking lot or in specially designated areas in the yard and marked areas, so it will not be difficult for city services to find the fact of a violation.

You cannot park your car on the sidewalks in the yard, even with the front or side wheels; this requirement will not apply if there is a permit sign. For violating the norm, the fine will be 1 thousand rubles, and in both capitals you will have to pay 3 thousand. It will also turn out to be an unpleasant surprise that there is a ban on parking a car closer than 10 meters from the doors of a store located on the ground floor of an apartment building through which goods are unloaded. It can interfere with travel and a fine will not be long in coming.

Subtleties and nuances

Parking rules near the house depend on the availability of a resident permit, which is issued in large cities. If it is provided, then stopping in the yard without it will result in a fine of up to 5,000 rubles (in Moscow). Moreover, its presence will allow you to freely leave the vehicle in the yard for only 3 thousand rubles. per year at any time, subject to compliance with parking rules.

If a citizen installed a car in such a way that it blocked the passage of other cars, this would be a violation of the rules of stopping and parking. The fine will be 2-3 thousand rubles.

Attention: Sometimes the owner leaves a phone number under the glass, you can call him and he will promptly move the car.

Violation of parking rules in the courtyard of a residential building causes significant inconvenience to its residents. You need to be prepared for the fact that they will be immediately reported to the traffic police or parking services and the car will be towed.

On January 1, 2020, an order of the Ministry of Transport comes into force, which tightens the requirements for parking commercial vehicles in residential courtyards.

A lot of news has already come out regarding these amendments, and quite contradictory ones at that. Either they say that taxis and GAZelles will be prohibited from parking in courtyards, then disputes arise as to who these amendments concern: residents of Moscow, St. Petersburg and Sevastopol, or all cities of Russia.

To understand this cleverly written document, the portal’s correspondent turned to the original source.

This source is called - Order of the Ministry of Transport of Russia dated May 17, 2018 N 199 “On approval of the Requirements for parking lots (parking spaces) to ensure parking of vehicles owned by legal entities and individual entrepreneurs transporting passengers on the basis of a transportation agreement or a charter agreement and (or) cargo on the basis of a transportation contract (commercial transportation), as well as those carrying out the movement of persons, except the driver, located in the vehicle (on it), and (or) material objects without concluding the specified contracts (transportation for one’s own needs), within the boundaries of urban settlements, urban districts, federal cities of Moscow, St. Petersburg and Sevastopol upon returning from a flight and the end of the driver’s shift.”

The title of the document alone can lead you into a dead end. But we were not afraid and plunged into it.

Despite the fact that the order was issued back in May 2018, its provisions come into force only on January 1, 2020.

Requirements for parking according to the order of the Ministry of Transport dated May 17, 2018 N 199

1) These Requirements for parking lots (parking spaces) to ensure parking of vehicles owned by legal entities and individual entrepreneurs carrying out transportation of passengers on the basis of a contract of carriage or a charter agreement and (or) cargo on the basis of a contract of carriage (commercial transportation), as well as movement of persons, except the driver, in a vehicle (on it), and (or) material objects without concluding the specified contracts (transportation for one’s own needs), within the boundaries of urban settlements, urban districts, federal cities of Moscow, St. Petersburg and Sevastopol upon returning from a trip and the end of the driver's shift (hereinafter referred to as vehicles, parking lots, respectively) are developed in accordance with Part 2 of Article 20 of the Federal Law of December 10, 1995 N 196-FZ "On Road Safety".

2) The organization of vehicle entries into and exits from parking lots, as well as the movement of vehicles in parking lots, must be carried out in accordance with traffic management projects.

3) Parking must be:

• illuminated in accordance with the requirements provided for in paragraphs 7.47 and 7.48 of SP 52.13330.2011 “SNiP 23-05-95 Natural and artificial lighting”, if they are located outside a building or structure in the dark;
• marked and equipped with technical means of traffic management in accordance with traffic management projects;
• arranged on a site that has a permanent, lightweight or transitional type of road pavement that meets the requirements provided for in paragraphs 8.1 - 8.5, 8.7 - 8.14, 8.16, 8.17, 8.19 - 8.38 SP 34.13330.2012 “SNiP 2.05.02-85 “Highways”, if they are located outside a building or structure, with the exception of parking for trams;
• placed in accordance with the requirements specified in table 7.1.1 SanPiN 2.2.1/2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects”, approved by the resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 25, 2007 . N 742.

4) The creation of parking lots on public territory within the boundaries of an element of the planning structure built up with apartment buildings is not allowed.

Let us highlight the most important aspects of the document.

What technology do the amendments concern?

If you carefully study the text of the document, you can understand that the new requirements apply only to commercial equipment that is returning from a flight or shift. That is, most often this is parking at night.

As for the types of commercial equipment, the following equipment can be identified from the text:

• passenger equipment;
• cargo equipment.

Since there are no clarifications in the text, buses, minibuses and even taxi cars automatically fall under passenger vehicles.

There are also no clarifications on cargo vehicles, so the rules apply to heavy trucks with semi-trailers, and trucks such as KAMAZ construction trucks, as well as cargo GAZelles and even “heels”.

Will the amendments affect individuals?

The document does not apply to private owners of commercial equipment - we are talking only about legal entities and individual entrepreneurs. For individuals who own commercial equipment, nothing will change.

Will it be prohibited to park commercial vehicles in courtyards?

Perhaps the most controversial point concerns point 4 of the order, which is what caused all the fuss:

“The creation of parking lots on public territory within the boundaries of an element of the planning structure built up with apartment buildings is not allowed.”

That is, we are not talking about banning the parking of commercial vehicles in courtyards. The point is that parking lots cannot be created within the boundaries of multi-apartment residential buildings. Apparently, this refers to parking lots similar to those arranged by the owners of passenger minibuses at the final stops or by the owners of trucks near various vegetable stores and markets.

conclusions

Based on the foregoing, several conclusions can be drawn about this order regarding parking from January 1, 2020:

• We are talking only about commercial vehicles (passenger and cargo) owned by legal entities and individual entrepreneurs;
• We are talking about a ban on the construction of parking lots in residential areas, and not on the parking of equipment in courtyards.