Illegal paid parking. Unauthorized seizure of parking spaces - what to do if neighbors have fenced off parking in the yard? What to do if there is illegal parking in the courtyard of your house, including paid parking - step-by-step instructions

Last summer in our city, in many courtyards of high-rise buildings, new asphalt was laid, new curbs were laid, and the paths to the entrances were paved. It immediately became clean and cozy in the courtyards, although not for long, until the fall, when the rains began. And all because illegal parking on lawns it is practiced actively and everywhere. Cars carry kilograms of dirt onto the sidewalks and asphalt in one exit from the lawn. No wipers can clean up such an amount of dirt behind dozens of cars gathering in any yard. In some places the asphalt is not visible due to dirt. It seems that if you dig up the applied alumina on the former sidewalk, you can plant the beds.

Complain about illegal parking on sidewalks, lawns, children's playgrounds, squares, landscaping areas and areas with green spaces you can:

> to the police department on duty at your place of residence;
> to the city administration.
The culprits should be fined. The fine for parking on a lawn depends on the city in which such parking took place. For Moscow it’s more expensive, but, for example, for Ryazan it’s cheaper.

So, in what documents should you look for information about fines? Let's look at the example of Moscow. Such documents are: Moscow city law on the protection of green spaces and the law of the Moscow region about administrative responsibility for offenses in the area of ​​improvement.

The names of these documents may sound different for different cities, but in general they are approximately the same. And the law on administrative liability is most often encountered.

Moreover, it also happens that some part of the yard, where the same cars are parked, is fenced off with posts and chains, and there is even a sign with the car number. Most likely, this is also illegal parking! How to remove chains and posts?
Now it's squatting local area- a common phenomenon. It is becoming increasingly difficult to get into the parking lot near the house - the neighbors are hammering in the posts and putting up fences. What should the rest of us do? How to restore justice?

Let us remind you that you can organize legal parking spaces in your yard only if the following conditions are met:

1. The local area is included in cadastral plan apartment building A.

2. The issue of fencing the delimited local area was resolved at a general house meeting of owners and minutes of the meeting were drawn up.

3. All home owners have the same rights to access future parking.

4. There is a document on the lease of the local area and the installation of a barrier.

If these conditions are not met, then the seizure of the local area can be considered illegal. Neighbors may claim that they are legally agreed with the managers of the house, they pay them for the maintenance of the parking lot, however, we must assume that their actions fall under the article of the Code of the Russian Federation on administrative offenses « Illegal occupation land plot"(Article 7.1).

Where to go if you discover that an off-street parking space has been stolen?

If the land on which the local area is located is registered as the common shared property of the owners of apartments in an apartment building, then you can go to court. But in most cases, the land belongs to the city, and then the main way to deal with the arbitrariness of neighbors is in administrative procedure, that is, by contacting the appropriate authorities. Let us immediately note that the uniquely correct algorithm for accessing various organs to combat seizure parking spaces does not exist. However, below are several organizations that you can contact in turn or in parallel to achieve justice:

• Commission for the Prevention of Illegal Parking Activities. They do not operate in every district, but if there is one, they are the most competent authority for this issue. Information about their work in a specific territory is provided by district governments and district prefectures.
• Engineering service: GU IS district.
• Managing organization. If the local area is not the property of the city, but is registered as a common shared ownership owners of an apartment building, then contact your management organization. If it doesn't help, contact the organization below.
• District government. City authorities are required to review the application, respond if necessary, and provide a formal response.
• District prefecture.
• Public order protection point (POP). In accordance with Article 2 of Law No. 77 of Moscow dated December 10, 2003, the organization of traffic (parking) of vehicles in courtyard areas is within the competence of public order protection points (OPOP). In the OBOP, it makes sense to contact in parallel with the authorities described above and necessarily - in case of threats against you during disputes over a parking space.
• District police department. If contacting the OPOP is ineffective, contacting the appropriate department of the Internal Affairs Directorate will help.

Often simultaneous appeal in several instances allows you to achieve results faster and more efficiently.

Thus, in order to eliminate fences installed without permission, it is necessary to contact written statement. The application should be accompanied by photographs - evidence of illegal parking, and indicate your contact information. Your application must be assigned incoming number(sometimes this is done over several days, and the number needs to be found out by phone) - it is much easier to track the progress of the case.
A registered letter sent with a notification to the district housing department is the most effective way reach departments. Within a calendar month, the Department is obliged to respond, understand and demolish illegal fencing.

Russians often face the problem of organizing illegal parking or unauthorized seizure of parking spaces. Residents apartment buildings have to park your car somewhere else, although they have every right on free parking in the yard of your house.

We'll tell you what to do and what to do if you encounter these problems.

In what cases is parking in the courtyards of residential buildings considered illegal and incorrect?

The letter of the law tells us that to organize paid and free parking in the yard apartment building It’s possible, but not everyone follows the procedure for organizing parking, and often seizes land for parking on their own.

We list the cases in which parking in the courtyards of high-rise buildings will be considered illegal:

1. The adjacent territory is not included in the cadastral documentation of the house. It must be marked on the cadastral plan.
2. The issue of organizing parking was not resolved at the general meeting of owners.
3. The decision to fence off the area near the house was not recorded in the documents. Usually a protocol is drawn up general meeting. It states that all owners agreed to organize parking, free or paid.
4. The rights of all owners of an apartment building were not determined. For example, they should have approved that all residents of a high-rise building can park their car in organized parking free of charge.
5. There is no documentation confirming that the territory was leased by the owners of the house. A rental agreement will be important especially when it is necessary to install a barrier or a terminal to pay for parking.

Under all these conditions, parking will be illegal.

Let us note a few more cases that will help you figure out when parking may be illegal:

• You must understand that if the owners do not have rights to the local area, but they have installed parking, then they must have land lease agreement. As a rule, it is concluded with the municipality. How to legally rent land from the administration, read our article.
• If parking was organized by several residents of a high-rise building, and a general meeting was not held, then such parking will also be considered illegal. There must be confirmation - consent from all residents of the apartment building.

Only its owner can dispose of land (Article 36 of the RF Housing Code). No one will prohibit leaving a car near the house where its owner lives.. But unauthorized seizure of a parking space - fencing it with bollards or other obstructing objects for your personal use - is prohibited by Russian law.

Please note , what is the concept of “territory common use" If a plot of land near an apartment building belongs to the state and belongs to this category of land, then you can be on it and place your car on it (Article 262 of the Civil Code of the Russian Federation). But you can’t install fences on it either.

What to do if there is illegal parking in the courtyard of your house, including paid parking - step-by-step instructions

We'll tell you what to do if illegal parking is organized in the yard of your house. Follow these step-by-step instructions:

Step 1. Contact the chairman of the MKD

Ask if there is documentation for organizing parking. Demand to provide you with all documents that can confirm the consent of all residents to organize parking space near the house.

REFERENCE: The decision of the general meeting must be recorded in the Minutes (Articles 44, 46 of the RF Housing Code). The protocol is transmitted to Management company, HOA board, housing cooperative or housing cooperative within 10 days after the meeting.

Step 2. Come to the Management Company or other authority where you could transfer the documentation

Ask to be given a copy of the Protocol for your review.

Step 3: Analyze the documents

Based on the documents issued, you should understand whether parking near your home is legal or illegal.

Look who is the owner of the land, whether there is a lease agreement (if the owner is an administration), when the meeting was held, how long owner of the apartment building voted.

Step 4. Write written complaints to authorities that can help eliminate parking

It is better to contact several authorities at once, then the probability positive decision problems will increase significantly.

The processing time for applications is 1-2 months.

Step 5. File a claim in court

You have the right to defend your interests in court(Articles 11, 304, 305 of the Civil Code of the Russian Federation).

To apply, please prepare: statement of claim, evidence of violation of the law, written responses from authorities.

The application will be considered for 2 months.

Step 6. Receive a court decision and wait for its execution

If the parking organizer is not going to eliminate it, then he will have to act on his own.

First of all, get performance list at the court secretariat. Send him to the FSSP department. Bailiff will control this process eliminating barriers.

But under no circumstances should you dismantle it yourself! You may be held accountable for such actions.

By following these instructions, you can achieve justice. The main thing is to be patient.

Contact specialists who can really help you solve the problem. And, if according to the law you are right, then you will not receive a refusal from them.

Read about how to fence off a parking space without breaking the laws

What to do if neighbors or strangers have taken over parking spaces in the yard or fenced off parking spaces?

Unauthorized seizure of a parking space can be eliminated.

To do this you need:

1. Collect evidence of violations.
2. Contact your local precinct officer. He must record the fact of illegal fencing of a parking space. He may also impose a fine on the violator.
3. Please contact the authorities listed above. Experts will help resolve the issue. Of course, the most effective bodies are the GU IP, Administration, Housing Authority. It's better to serve personal statement, supporting it with evidence.
4. Get written answers. You should receive an answer within 1-2 months. If you applied in writing, then writing the answer will come. If the request was made orally, there may not be an answer.
5. Wait for the barriers to be dismantled.

You can try to resolve the issue directly with your neighbors, but a simple conversation does not always work effectively. But if a district police officer or another contacts the violators executive, then the issue will be resolved.

Fences are almost always dismantled by those who installed them.

What evidence to collect in case of illegal parking in the courtyard of a residential building?

Let's list what can serve as evidence of illegal parking in the courtyard of a high-rise building:

1. Photos

The real problem of the present time is illegal parking in the yard: where to complain if one of the residents of a high-rise building arbitrarily appropriated a rectangle of space, fenced it with chains and called it a personal parking space? Such actions have a terrifying name self-occupation of the local area, of course, are outside the scope of the law. What does the “invader” risk and what articles do his actions fall under?

What does the law say?

The law states the following: obtaining a parking space near the house for sole use is possible only if two conditions are simultaneously met - firstly, house plot is in private property, secondly, the applicant for the place received the consent of all owners. However, the land near the majority Russian houses belongs specifically to the state, and not to the residents, which means that any citizen has the right to be on it without hindrance (we refer to Civil Code Art. 262). For such lands Town Planning Code even provided a special and very capacious term - public areas. If fences are installed in such territories that impede the normal movement of citizens, this is already an offense.

What is the threat to the violator?

By installing posts and chains in the yard, a car enthusiast runs the risk of “passing through” several articles of the Administrative Code at once:

• Unauthorized occupation of land. It is curious that Muscovites are punished according to local administrative act(Administrative Code of Moscow, Art. 6.5), while provincials - according to Administrative Code RF (Article 7.1). Local act much more humane: it sets a fine of 1 to 3 thousand rubles. The Code of Administrative Offenses of the Russian Federation determines that the minimum fine is 5 thousand rubles, and in general the amount of the fine depends on cadastral value land.
• Violation of fire safety requirements. A pessimistic picture: there was a fire in the house, and fire engine can’t drive up because the passage is completely marked with chains and locks. The price of ownership and inflated egos of individual residents can be lives. The fine for violating fire safety requirements is up to 1.5 thousand rubles, and this is the case when you wonder why it’s so little?
• Damage to the road. In order to install marking posts, motorists sometimes have to drill into the asphalt, and this is obvious damage state property. According to Art. 12 of the Code of Administrative Offenses, a motorist has to pay the most for illegal parking severe fine– from 5 thousand rubles. If we compare this amount with the previous one, Once again one is amazed at how cynically the state sets priorities.

All transferred amounts relevant only if you got caught in illegal parking in the yard individual(that is, an ordinary citizen). If the violator is an official or entity, the amount of fines is many times higher. In particular, Art. 12 of the Code of Administrative Offenses establishes that a legal entity may be obliged to pay 300 thousand rubles for illegal parking in the local area!

Where to complain?

There are many ways to combat illegal parking. Where to complain about illegal parking in the yard?

• OPOP (public order protection point) or local precinct officer. According to Law No. 77, it is the OPOP that are obliged to monitor the organization of traffic in courtyard areas. In case of inaction of employees of public points, you should complain to the Internal Affairs Directorate.
• Administration. City authorities are obliged to take measures: remove unauthorized fences within 30 days and impose a fine on the violator under Article 7 of the Administrative Code.
• Housing department You will have to write a statement against the violator and wait again for 30 days for the removal of illegal structures.
• Federal Service for State Registration, Cadastre and Cartography (in the recent past - Rosreestr). It makes sense for residents of provincial cities to come here - Muscovites have another option.
• State inspectorate for control over the use of real estate in Moscow. This organization will initiate an administrative case under Article 6 of the local regulatory act.
• The Ministry of Emergency Situations is obliged to monitor compliance with fire safety rules.
• Police. You can safely call the police if a motorist drills asphalt to install markings. He will be caught directly damaging state property and will be forced to pay a huge fine. In addition, you should definitely contact the police if, during a dispute over yard space, the violator allows himself threats and insults.
• Commission for Combating Illegal Parking Activities. It is worth noting that such commissions are created only in large cities - in areas where illegal parking is not a significant problem, it is pointless to look for such a commission. Commission employees record cases of illegal parking and send the data to the GU IS (engineering service), which is responsible for dismantling. By the way, you can write to the GU IS directly.

You should not limit yourself to just one authority where to report illegal parking. It’s better to involve several organizations at once - this way there’s a higher chance that the complaint will be taken forward.

How to file a complaint?

To begin with, it is worth collecting photo and video materials that prove the fact of the offense. You need to photograph the yard so that the posts, locks and the car itself are clearly visible. Materials should be attached to the application, which is drawn up in free form - free form does not eliminate the need to mention regulations and laws violated by the motorist.

You can submit a complaint in one of 3 ways:

• In person, through the reception organization.
• IN in electronic format through the official website (the portals of almost all of the listed authorities allow you to do this).
• By mail, with acknowledgment of delivery.

Whatever option is chosen, care must be taken to ensure that it is possible to prove the fact of the appeal. For example, when submitting in person, you should definitely keep one copy certified by an employee of the organization. Within a few days, the application will be assigned an incoming number - it is worth finding out by phone to make it easier to track at what stage the consideration of the complaint is.

Complained - what next?

After filing a complaint, you need to wait a month, because people “in power” are usually busy, and tons of applications arrive at their desks. At the same time, the law allows for the extension of the consideration period for another month (in exceptional cases), so you shouldn’t count on quick dismantling of irritating structures. Under no circumstances should you engage in dismantling yourself - this will entail a fine! You just need to wait for those who “have rights” to arrive and, gloating, watch out the window as the violator is given a fine.

So, in your yard there are posts with chains, orange blockers, hemispheres and other barriers that enterprising residents use to reserve parking spaces for themselves. And they do it illegally! Our lawyer tells you how to deal with this.

Typical case

Heavy snowfalls in February forced owners of sedans, hatchbacks and even a few crossovers to pick up shovels and clear a parking space near their home.

And just imagine, yesterday you sweated for two hours to find a place for your car... Today, with the hope of parking in same place, you are rushing home from work. But that’s not the case: a lazy neighbor’s car is “mean” parked in your cleared space.

An adequate motorist, of course, understands that the driver has every right to park where the law allows him. After all, this is not your place, you did not buy or rent it, and the fact that you cleared the snow does not prohibit other car owners from parking your car. This is, of course, true, but from a moral point of view, the neighbor is wrong - it’s somehow not humane. However, if in “your” place there is a car that is unfamiliar to you, then there can be no complaints.

Every year, every winter, it becomes more and more difficult for motorists to find a place to park their car in the yard of their home. Yes, sometimes at home, at work, you spend half an hour searching free space, sometimes I just want to turn around and go home. This pressing problem of big cities has inspired some car enthusiasts to “fence themselves out”. And as a result, in many courtyards we can often observe a home-made structure in the form of unauthorized posts and chains, fencing off a parking space. It also happens that motorists, before leaving, block “their” place with an ordinary pallet or chair.

And as you all understand, such parking is illegal, it is prohibited Housing Code RF, namely Article 36, the right of ownership to common property owners of premises in an apartment building.

However, you should know that if you decide to break these structures yourself, then your actions will also be illegal (this does not apply to moving a chair).

So what to do?

The removal of illegal structures should be carried out by the housing department (ZhEK). To do this, you just need to write a complaint to the head of the housing office, or better yet a collective one (3-5 signatures will be enough) and send by registered mail with notification of delivery or delivered in person, but then, respectively, in 2 copies.

Perhaps, at this point in the article, some readers will say: “It’s useless to write all these complaints, there will still be an unsubscribe.” And here I will argue with you - in my practice, many people complained that no matter where they turned on any issue, they always received replies.

But as soon as I started reading their appeals, everything immediately became clear. What else did they want? Whatever the complaint, such is the answer. Often it is the applicant’s own fault that he received an “unsubscribe”. It all depends on how competently the appeal is drawn up, how convincingly and reasonably the facts of violation of your rights are presented.

Therefore, I bring to your attention a sample complaint so that you don’t have to write one.

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Sample complaint about illegal parking barriers

I, Ivanov Ivan Ivanovich, on behalf of the residents of the apartment building (their full names with signatures and address in the attachment) appeal to you with a complaint about misconduct several residents of our house located at ________, expressed as follows:

So, these residents of our house installed metal posts and stretched a cable between them, thereby organizing illegal allocated parking in the yard. According to Art. 36 of the Housing Code of the Russian Federation, such actions are possible only after a general meeting of residents, which was not held, and it is also necessary to receive all necessary documents and approvals from the Administration of the ________ district of ____________.

This structure is now blocking most places in the yard, leaving the possibility of parking cars only near the road or in the depths of the yard. This structure is not marked in any way, and, accordingly, creates a danger for the movement of other cars and pedestrians, who can get caught on the tensioned cable and get injured. Also, in the event of a fire, fire trucks will not be able to enter the yard due to unauthorized fences.

Based on the above, I ask you to demolish the illegally installed structure in our yard and consider bringing the perpetrators to administrative responsibility, and if necessary, send the inspection materials as appropriate to competent authorities. Please send an answer about the measures you have taken to statutory 30 day period.

We enclose with the complaint the signatures of the residents on whose behalf you are applying, their full names and addresses. And also photographs confirming this fact violations.

Is it possible to complain about the hemispheres that block the passage?

Yes, in fact, it makes no difference what kind of structure is installed: bollards, bollards, barriers, hemispheres, concrete blocks... Nothing can be installed without permission.

What punishment awaits violators?

Punishment here is provided only for violation of fire safety requirements for the provision of passages, passages and entrances to buildings, structures and structures, Part 8 of Art. 20.4 of the Code of Administrative Offenses of the Russian Federation in the form of a fine on citizens in the amount of 1,500 to 2,000 rubles.

However, this option is only possible if the local area has been surveyed. In this case, the land next to your house is collective property all residents and belongs to them equally.

What to do if land surveying is not carried out?

There is an exit. You call the local police officer, who is obliged to record the fact of arbitrariness and photograph the license plates of the cars. And then write similar statement to the police.

Based on the results of consideration of your appeal, the police are obliged to bring the perpetrators to administrative responsibility under Art. 7.1. unauthorized occupation land plot or use of land plot without registered in the prescribed manner title documents for land, and if necessary - without documents permitting the implementation economic activity. Fine for this offense for citizens from 500 to 1,000 rubles.

Simultaneously with the statement to the police, be sure to submit a written complaint to the traffic police, since illegal invaders of parking spaces have probably ruined the road surface. And here, in accordance with Art. 12.33 of the Code of Administrative Offenses of the Russian Federation threatens them with a fine of 5,000 to 10,000 thousand rubles.

What should I do if no action is taken on my complaint?

The police have 30 days to send you any response or react. If this does not happen, write a complaint to the prosecutor's office - they will respond there. To increase your chances of success, you can enlist the help of a lawyer.

Is it legal to install parking barriers?

Yes, although it is not easy. The algorithm will be something like this: a meeting of residents, the corresponding minutes of this meeting, signatures and to the administration for permission and all accompanying documents. With this set of documents you can install bollards, blockers, and hemispheres...