There are no parking spaces in the yard where to complain. Violation of parking rules in yards

​It would seem that the times of unauthorized seizure of parking lots by residents of courtyards are irrevocably over, but in fact this is a little different. More precisely, not at all. In many regions, all these lock chains and other joys are still present. The most interesting thing is that if they are simply broken, it will be damage to property. So what to do?

Chains and blockers in yards: fighting through the HOA or management company

Let's start with the fact that unauthorized seizure of parking spaces in the yard is prohibited by law. Art. 36 of the RF Housing Code tells us about the procedure for using the courtyard area of ​​multi-storey buildings. And unauthorized seizure of parking spaces is not provided for by this provision of the law.

In order to eliminate parking data, you must contact the housing department or homeowners association with a written application. They will be required to respond to this application within a specified period of time and the parking lots will be removed. If there is no response, you can contact the city or district administration with a complaint about the inaction of housing and communal services. By the way, in some cases such parking lots can exist on completely legal grounds. The HOA can convene a general meeting of residents of the house, distribute seats and conduct a vote. If such an initiative receives more than 3/4 of positive votes, then, in agreement with the district or city administration, such parking lots can be assigned to the residents of the building. There are only a few such cases.

Is there any other way to hold people accountable for illegally seized parking lots?

Yes, you can call the police and ask for a local police officer. He is obliged to record the fact of illegally seized parking, and you will have to write a statement.

In fact, the police are obliged to bring the perpetrators to administrative responsibility under Art. 7.1. for unauthorized occupation of a land plot or use of a land plot without duly executed title documents for the land, and, if necessary, without documents permitting the implementation of economic activities. The fine for this offense on citizens is from 500 to 1,000 rubles.

By the way, the posts and other limiters will have to be removed.

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, you can receive a much more significant fine - from 5,000 to 10,000 thousand rubles.

Every day there are more and more cars in cities. At the same time, there are practically no city paid parking lots, and developers are in no hurry to build multi-story parking lots next to residential complexes.

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All this leads to car owners leaving their cars right in the yard. Since there is not enough space for everyone, some of them decide to secure a certain area of ​​the yard territory for themselves. This is illegal parking.

What it is

The law allows you to leave cars in the yard if parking is carried out in accordance with traffic regulations, does not interfere with passersby and other vehicles, and does not violate sanitary standards.

If a car owner has fenced off a plot of land near his house without coordinating his actions with other owners of residential premises, and thereby limiting their access to common property, then we are talking about illegal seizure of territory.

It is unacceptable to install any types of fences, as well as barriers and hemispheres, without the consent of all residents of the house and the administration.

Organization of paid parking with security or parking for transport of cafe visitors also requires permission from the owners or the conclusion of a lease agreement.

The legality of parking is determined by the following criteria:

1. If the courtyard area is owned by the homeowners, then its fate is decided by the general meeting of owners and recorded in the minutes of the meeting (in accordance with the first part of Article 46 of the Housing Code). This means that if there is parking, but the majority of owners do not agree, it is illegal.
2. If the land is owned by the city, then to organize parking you need to conclude a lease agreement with the owner. In Moscow this is the Moscow City Property Department. There you can also get information about whether a contract has been concluded for your yard and determine whether parking is legal.

Thus, all legal parking in Moscow is included in the Register of City Parking, which is maintained by the Department of Housing and Public Utilities and Improvement of Moscow. The same Department issues the appropriate permit.

If there is no permission, parking spaces are organized illegally. They can be dismantled by decision of the housing department, administration, or through the court. Parking under apartment windows, on the lawn or near a kindergarten is harmful to health and violates the rights of property owners.

Why can’t you fence off a space in your yard yourself?

Finding a place to park your car is not an easy task. It’s especially annoying when in winter you spend half an hour clearing the space in front of the entrance, and in the evening someone else’s car is parked there.

Therefore, many motorists reserve a parking lot for themselves using bollards and bollards. Even if there are parking spaces and appropriate markings in the yard, all car owners can use them on an equal basis.

If some drivers have installed fences, this is interpreted as self-occupation of the local area.

The invader bears administrative responsibility, pays large fines, and also dismantles the fences at his own expense and eliminates the damage caused to the road surface. Is it possible to fence off a parking space without breaking the law?

Yes, for this it is necessary to hold a general meeting of homeowners, where a majority vote will approve the decision to organize parking in the yard and install fences.

Residents can use parking spaces on a rotating basis or for an additional fee. It is possible to allocate an area for arranging paid parking with security, the money from which will go to the needs of the house.

The final decision of the meeting will be recorded in the minutes, which must be submitted to the district administration.

If the land near the house is the property of the city, then in order to obtain the use of its plot, you need to conclude an agreement with the owner.

In this case, installing a fence will also be legal.

Sanitary standards

Unauthorized seizure of the local area is not only illegal and infringes on the rights of other owners, but may also contradict sanitary standards:

• cars with a running engine directly under the windows, which make noise and emit exhaust gases, causing damage to the environmental situation and the health of residents of the first floors;
• You can also complain about the alarm system, which prevents you from sleeping at night, or the headlights shining through the window.

The sanitary safety standards that are regulated are indicated in the corresponding table of the Resolution of the Chief Sanitary Inspector of the Russian Federation No. 74 of September 29, 2007.

Table 1. Gap from passenger vehicle storage facilities to development sites.

Depending on the reason for the application, the application is sent to one of the following authorities:

• fire inspection;
• district engineering service;
• sanitary inspection;
• environmental service.

Fines

Unauthorized seizure of a plot of land in the yard for parking falls under several articles of the Code of Administrative Offenses. The types of offenses and the sanctions that follow them are shown in the table.

Table 2. in the yard, legal norms and administrative responsibility.

Where to contact

There is no single correct sequence of actions when combating the seizure of yard territory for parking.

Since such an action violates several articles of the Code of Administrative Offenses and is also within the control of several organizations.

You can contact any of them or several at once:

• public police station(abbreviated OPOP): in accordance with, it is public points that control the movement of vehicles in the courtyard area. If a representative of the OPOP refuses to take action, you can complain about his inaction to the local department of the Internal Affairs Directorate;
• city ​​administration, district government or prefecture;
• Housing department, homeowners association or housing cooperative or management company, depending on how the house in the yard of which the offense occurred is managed;
• State inspection, exercising control over the use of real estate in Moscow;
• if we are talking about violations of fire safety rules or sanitary standards, you can complain to Ministry of Emergency Situations, Sanitary and Epidemiological Supervision, environmental or fire inspection;
• police: installation of enclosing structures leading to damage to the coating is a criminal act classified as damage to government property. If you see how they are drilling asphalt for a post, you can immediately call the police;
• commission to identify illegal commercial parking: in Moscow and St. Petersburg, as well as other large cities, special structures have been established to deal with the issue of squatting of territories for parking. If taxi drivers have set up unauthorized parking in your yard, or a store on the ground floor has fenced off an area for its customers, you can contact the commission with a request to check the parking for legality. They will accept the complaint and forward it to the engineering service (GU IS). You can also contact the engineering service yourself.

If the land on which the violators park is owned by the building, that is, it belongs to all owners of the premises of the apartment building, then you can go to court.

Moscow also has a hotline for complaints about illegal activities of parking attendants.

If you suspect that the parking area is fenced in violation of legal norms, you must:

• call 998-85-05;
• Residents of the capital can also complain about careless motorists through the “Our City” smartphone application;
• on the website gorod.mos.ru.

How to properly file a claim in court for illegal parking

If illegal parking is discovered in his yard, the owner of a residential premises may demand protection of his rights in court.

To do this, you need to send a statement of claim to the district court. The claim is sent to the court of the district in whose territory the seized plot of land is located.

In order for the court to accept it for consideration, it is necessary to indicate the following information:

• contact details of the applicant (or applicants, if the claim is a class action), as well as the car owner in respect of whom the application is being filed;
• a detailed description of the offense indicating the address, time and nature of the offense, as well as supporting evidence. This could be photographs, videos, documents or witness statements.

At least two months pass from the moment the court accepts the application for consideration until the decision on the issue is made. Then, if the outcome of the case is positive, the court obliges the violator to pay a fine and eliminate the violation.

Also, by a court decision, it is possible to initiate enforcement proceedings: for this, the judge sends a writ of execution to the FSSP (Federal Bailiff Service).

Measures in the absence of a response to a complaint

From the moment an application for unauthorized seizure of a plot of land for parking is submitted, at least a month passes before the fences are dismantled.

You cannot remove them yourself: this should be done by those authorities within whose competence this problem falls.

Unauthorized demolition of a barrier, even if installed illegally, is an offense for which an activist can be punished.

When submitting an application to a special commission, housing department or administration, immediately obtain a copy confirming the date of application. For this purpose, the application is drawn up in two copies.

On one of the copies, the receiving party makes an appropriate note indicating acceptance of the information for consideration. If the complaint is sent by letter, then choose the option with notification.

When the application has reached the recipient, a few days later you can call and find out the internal number that was assigned to him. This will allow you to track progress on the case.

If no action has been taken after a month, you can complain to a higher authority or the prosecutor's office. To achieve faster and more efficient consideration of the issue, it is better to submit an application to several places at once.

You can. But first you need to register the courtyard areas and adjacent land plots as your property and obtain consent for the sole use of the parking space at the general meeting of owners. And if there is no property, then the land belongs to the state, city or municipality. And, according to paragraph 1 of Article 262 of the Civil Code of the Russian Federation, any citizen has the right to freely reside in such territory. And park the car. You also need to know about such a concept as “territories for public use” - paragraph 12, article 1 of the Urban Planning Code of the Russian Federation - these are “territories that are freely used by an unlimited number of persons” (including squares, streets, embankments, etc.). “If someone restricts access to them, then this is an offense,” comments Denis Kuzmin, head of the ZHKH-24 project.

2. What is the penalty for those who install illegal fencing?

In Moscow, the culprit will be punished in accordance with paragraph 1 of Article 6.5 of the Code of Administrative Offenses of Moscow. If this happened in the regions, then liability is already provided for under Article 7.1 of the Code of Administrative Offenses of the Russian Federation (unauthorized occupation of a land plot). But that's not all. If the parking bollards caused a violation of fire safety requirements and began to interfere with the passage and access to the building, then the same Code of Administrative Offenses of the Russian Federation contains paragraph 8 of Article 20.4. If during the installation of parking barriers the asphalt was damaged or holes appeared in it, then the violator is punished under Article 12.33 of the Code of Administrative Offenses of the Russian Federation (damage to roads...).

Moreover, if the violator is an official or legal entity, then he can be prosecuted under Article 12.34 of the Code of Administrative Offenses of the Russian Federation for “failure to take measures to timely eliminate obstacles in road traffic...”. The amount of the fine, depending on the article, can range from 1,500 rubles for individuals to 300,000 rubles for legal entities!

3. Where to contact?

If the violation occurred in Moscow, then to initiate a case under Article 6.5 of the Code of Administrative Offenses of the city of Moscow, you should contact the State Inspectorate for Control over the Use of Real Estate Objects of the City of Moscow. And it is best for residents of the regions to complain to the territorial divisions of the Federal Service for State Registration, Cadastre and Cartography (FS GRKiK) (registration chamber). Well, cases for “holes in the asphalt” are initiated by the police or the traffic police.

If you want to prosecute a violator under Article 20.4 of the Code of Administrative Offenses of the Russian Federation (violation of fire safety requirements), then you should contact the Ministry of Emergency Situations. And then there is the prosecutor’s office, which has the right to initiate a case for any administrative offense.

4. How to properly file a complaint against a violator?

If an illegal parking fence is detected, we take photos and videos of the location of the violation, where the car, posts/chains, and so on are clearly visible. Then we write an application to one or several departments listed above, attaching all photo and video materials. This can be done in three ways: a) write an application in person at the reception; b) send an appeal electronically through official websites; c) send by certified registered mail with acknowledgment of delivery.

When submitting in person, the application is drawn up in at least two copies, signed (it is better to collect signatures of other residents, witnesses, etc.) and certified. Keep one certified copy for yourself. If you file a complaint through the website, then save the text of the complaint, as well as notifications received from the automatic system for receiving and registering complaints. It would also be a good idea to inform the district police officer, local authorities (district government, city or village administration), local housing office/housing department/registration office, management company or homeowners association, if any, about the violation.

I wrote a statement. What's next?

The appeal must be considered within 30 days from the date of registration and a response must be given (in exceptional cases, the consideration period may be extended by another 30 days). If the decision on your appeal is positive, then the specified government body will not only impose a fine on the violator, but will also issue an order to eliminate the identified violations. And, in case of non-compliance, the violator will face sanctions in the form of further fines, as well as forced elimination of violations, including all costs for dismantling illegally installed limiters.

Why can't I break the posts myself?

Independent dismantling, as well as damage or theft, is considered an illegal act! In the worst case scenario, this could lead to the initiation of a criminal case. Don't be fooled, act legally. Dismantling must be carried out either by the violator himself (after a fine and an order), or by authorized organizations.

We would like to express our gratitude to the coordinator of the public movement “Moscontrol” Denis Shiryaev and the head of the “ZhKH-24” project, lawyer Denis Kuzmin for their assistance in preparing the material.

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 a house for sole use is possible only if two conditions are simultaneously met - firstly, the adjacent area is privately owned, and secondly, the applicant for the space has received the consent of all owners. However, the land near most Russian houses belongs 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, the Town Planning Code even provided for 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 a local administrative act (Moscow Code of Administrative Offences, Article 6.5), while provincials are punished according to the Administrative Code of the Russian Federation (Article 7.1). The local act is much more humane: it establishes 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 the cadastral value of the land.
• Violation of fire safety requirements. A pessimistic picture: there is a fire in the house, and the fire truck cannot arrive 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 to government property. According to Art. 12 of the Administrative Code for illegal parking, a motorist has to pay the most severe fine - from 5 thousand rubles. If you compare this amount with the previous one, you are once again amazed at how cynically the state sets priorities.

All of the above amounts are relevant only if an individual (that is, an ordinary citizen) is “caught” illegally parking in the yard. If the violator is an official or legal 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. The 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.
• Electronically 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 an extension of the review period for another month (in exceptional cases), so you should not count on the rapid 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.