Parking problems for residents of apartment buildings

Legality of organizing parking in the yard

Modern developments often already include a ready-made parking lot. But in the case of old houses, there is usually a narrow road and small “pockets” that even the homeowners’ cars cannot fit into. At the same time, there is always another free area - a children's or sports ground, an area with green spaces, a designated place for a garbage container or installation of garages, just an empty area without a specific purpose. Therefore, if an agreement is reached with all homeowners, it is quite possible to arrange parking in the yard.

When purchasing an apartment in an apartment building, you should know that the common property also belongs to all owners. The responsibility for its preservation, as well as the ability to use it at their own discretion, falls on the shoulders of the owners. At the same time, there is no division by footage and objects (it is not determined what type of property belongs to which apartment and in what size), simply management and use is carried out by the owners jointly.

Organizing a parking lot is possible only if the area around the house is recognized as the common property of citizens.

The first condition is that the area for future parking must be the common property of the apartment owners

Accounting and Taxation

Taxation of parking lots is often carried out according to the UTII system. In this case, the tax will be calculated based on the parking area , and not on the number of employees.

The amount of deductions directly depends on the size of the land specified in the lease agreement. For example, if the parking area has an area of ​​300 sq. m., but in fact 200 square meters are allocated for car storage and this is fixed in the agreement, then the tax will be charged only on 200. If the lease agreement does not allocate meters of “useful” area, then payment will be calculated based on the total area .

In the case where the parking lot, in addition to UTII, operates on a simplified taxation system, the profit received from commercial activities will be taxed at a rate of 6 or 15% .

Accounting does not require a full-time employee; during reporting periods, you can invite a specialist on a piecework basis . The only accounting document that is issued to all parking customers is a cash receipt.

Territory requirements

Construction and sanitary rules for the design and organization of parking in populated areas are enshrined in SanPin 2.2.1/2.1.1.1200-03. The distance to objects is discussed in table 4.4.1 of this law.

The distance from the parking lot to the building must be calculated depending on the size of the parking lot (the number of parking spaces):

• less than 10 places: 10 meters from a residential building;
• less than 50 seats: 15 meters from the side of the building with windows and 10 without windows;
• less than 100 seats: 25 and 15 meters respectively.

Open parking in the local area with more than 100 parking spaces is prohibited. Clause 18.4 allows such large parking lots only if an exit is installed not into the yard, but directly onto the street road. In this case, the distance to the houses should be 35 and 25 meters (for facades with windows and the end part without windows.)

Clause 18.2 of the law allows the distance to be reduced by 25% if the parking lot is enclosed by a solid wall with no opening windows and no exit facing a residential building.

It is prohibited to place parking close to a residential building

Business plan

Sample business plan for organizing an outdoor parking lot

Guest and permanent parking

At the same time, there is SanPin 2.1.2.2645-10, and specifically clause 2.3, which provides for the possibility of creating parking lots in residential courtyards, but only for guest ones. And clause 2.10 specifically prohibits the creation of any parking lots, except for guest ones. How to organize home parking for home and car owners if there are such prohibitions?

In fact, these SanPins do not contradict each other. It’s just that the concept of “permanent” parking is illegal. Parking must be for guest parking only. At the same time, citizens have repeatedly filed lawsuits in the Supreme Court in order to ban all parking lots. After all, we all understand that their residents organize them not for someone else, but for themselves. But several rulings were made in which the court denied the plaintiffs and explained that it was impossible to prohibit parking that complies with SanPin 2.2.1/2.1.1.1200-03. And it is almost impossible to prove whether parking is permanent or guest.

Thus, we can say that the Supreme Court simply turns a blind eye to minor violations of the law. At the same time, pointing out that the practice of permanent parking is a direct violation of sanitary rules.

The legislator turns a blind eye to some legal inconsistencies

The concept of permanent parking can be legally applied only to those parking lots that are not located in the local area or partially affect it. These are municipal general parking lots, as well as paid parking lots on municipal land.

THIS IS INTERESTING. Many residents install barriers in their yards. Moreover, in some cities, subsidies are even allocated from the local budget for such an installation. How does this not contradict the fact that the parking lot should be used for guests? It's simple - the barrier is installed outside the parking lot. Owners of land registered in the cadastral register have the right to protect it, and it does not matter whether there is parking on its territory or not.

General procedure for organizing local parking

First of all, it is necessary to clarify one point - whether the land really belongs to the house itself. After all, it may happen that the land is municipal property, in which case the actions will be slightly different.

You need to find out what legal documents exist for the territory you are interested in. The land must be a local area and be registered in the cadastral register. Owners often do not know about this registration, and without it, any change to the site will be illegal. In order to obtain permits for land, you must:

1. Obtain the consent of the owners.
2. Draw up a boundary plan.
3. Contact the municipality (district administration).
4. Register the plot as a local property.

Next you should do the following:

• obtain the consent of the owners for the parking itself;
• prepare project documents;
• contact the local government body, which is responsible for land and land management issues;
• after obtaining all the necessary permits, hire a construction organization that will carry out this work.

How to organize parking in the local area yourself? This is possible, but subject to mandatory adherence to all points of the project. If there are such specialists among the residents of the house, why not use their services, reducing financial costs.

General meeting of owners

To make a decision to create a parking space, the consent of 2/3 of the homeowners is required at a meeting (in person, in absentia or in absentia). If at least a couple of votes are missing, the decision may be declared invalid.

KNOWN. There are often owners who are categorically against such buildings and would either vote for a playground or a green park, or would remain silent altogether. In this case, you need to be able to negotiate - you can explain to young mothers that proper parking will allow cars to be removed from lawns and playgrounds, and will also protect their children on the courtyard road.

Preparation of project documentation

Special design organizations are involved in drawing up the project. The project must indicate:

• schematic plan of the territory;
• vehicle traffic plan, entry and exit points;
• location of traffic limiters;
• type of coating;
• layout plan;
• if necessary, locations for installing special signs and lighting.

You can also draw up a plan yourself, but be sure to comply with all of the above SanPiNs. Obtaining permission for such projects is not easy, so it is advisable that it be drawn up by a specialist, even one of the residents of the house, but with special knowledge and skills. Otherwise, obtaining such permission may take a long time.

What permits and where do I need to get them?

The decision to create public parking lots is the responsibility of local governments (clause 2 of article 12 of Federal Law No. 443 of December 29, 2021 “On the organization of road traffic...”). Moreover, such a decision can be made both at the request of the owners of the apartment building, and independently by the administration - but always taking into account the opinions of the residents.

Depending on the locality, this decision is made by the department, committee or official working in the field of land management.

In each specific city, the list of authorized bodies or officials may vary

The permit is approved by the traffic police, and then by the authorities (or officials) in the field of urban planning and architecture.

IMPORTANT. Coordination between these two bodies is not mandatory, but failure to do so may cause problems in the future. If you want to install a special road sign (speed limit, residential zone sign), contacting the traffic police is mandatory.

Permission from the fire department is required. Parking spaces must be located so as not to block access for fire trucks.

Plan and project

The design of parking lots is carried out by specialized design bureaus : public and private. These organizations develop plans, visualizations and all technical documentation in accordance with construction regulations and rules prescribed by law.

Your loan has been approved!

The parking lot design determines:

• type of parking;
• number of storeys of the building being constructed;
• interior layouts;
• parking position relative to ground level;
• the amount of vibration and dynamic loads withstand;
• necessary transport links;
• types of communications and fire safety systems.

Construction of parking lots should be carried out taking into account the number of floors and architecture of surrounding buildings. These parameters are approved by government agencies.

Any parking lot must be designed in accordance with accepted building codes . In the Russian Federation, such rules are regulated by a special document SNiP 21-02-99.

Let's look at an example...

• The maximum height of above-ground parking is 9 floors, underground 5.
• The size of one parking space cannot be less than 5 meters in length and 2.3 meters in width.
• In cargo parking lots, the capacity of one block should not exceed 100 cars, and height restrictions do not allow such buildings to be built higher than 28 meters.
• The width of the surface open parking lot cannot be more than 40 meters.

A package of documents for organizing parking in the yard

It is better to entrust the execution and preparation of documentation to a specialist

Thus, to organize parking you need to obtain the following documents:

• minutes of the general meeting of owners;
• a certificate of the size and location of the plot registered in the cadastral register;
• permission from the local government;
• parking project;
• permission from the fire department;
• Desirable: permission from the traffic police and the town planning authority.

Documentation

According to the legislation, activities related to the storage of vehicles on a paid basis are subject to state licensing .

The procedure must be completed by those who plan to organize one of the following types of parking:

1. Indoor or outdoor parking.
2. Heated or unheated garage.

The most important document you need to obtain is an approved parking lot design . It is manufactured by design organizations, after which it is approved by government agencies.

The full list of documents for opening a parking lot is as follows:

• certificate of state registration as an individual or legal entity;
• land lease agreement;
• a parking project approved by the city architecture committee;
• building permit issued by district authorities;
• conclusion of Rospotrebnadzor;
• fire inspection report;
• conclusion on drainage;
• conclusion of the sanitary inspection;
• conclusion of the environmental commission;
• official notification of the upcoming construction of a parking lot for the Transportation Management Department.

Can I allocate my own parking space?

How to organize parking in the yard in such a way as to assign a separate space to the owner? Clause 10 Art. 12 Federal Law No. 443 prohibits the installation of any structures that interfere with the use of general parking and its individual spaces. The only exceptions are paid parking lots.

Thus, the maximum that can be done is to mark “your” place with a special inscription or sign, but such a sign will not have any legal or legal meaning. Everything will depend only on how much you can come to an agreement with your neighbors.

The only option is to register a so-called parking space. But at the moment, this opportunity is provided only to underground and above-ground car parks and places that are specially designated for garages. Such a place can be rented or owned.

It should also be taken into account that when creating any parking - both in a public place and in the local area, at least 10% of the spaces (and at least 1 space) must be reserved for people with disabilities. This provision was introduced by amendments dated December 2021 to Federal Law No. 181 of November 24, 1995. “On social protection of disabled people in the Russian Federation.” At the same time, a specific disabled person living in a given house may be assigned a separate place, decorated in a special way, including using a special sign and markings. And so far this is the only exception to the rule. To do this, a disabled person must personally apply for the allocation of such a place.

Individual parking spaces can be allocated only for residents with disabilities

Terms and requirements

• Open parking lots for cars

This type of parking is the most popular and profitable for both business founders and clients, since the construction of the facility does not require large investments, and the cost of subsequent services is never greatly inflated. An open parking lot is a piece of land fenced on only two sides.

Such objects can function using natural and artificial lighting. At night, you must turn on the lights . For example, for a site measuring 2500 square meters, their number should be at least 15 pieces.

bright lighting should be installed in checkpoint areas as these are high-risk areas. Places for pedestrian movement are equipped with devices that guarantee illumination of 100-150 lux.

Outdoor parking lots do not require air ventilation or smoke removal systems.

• Closed car parks

This type of parking differs from open facilities only in that there is an external fence around the entire perimeter . The norms and requirements for the organization of such parking lots are no different from those that apply to open parking lots.

• Multi-storey multi-level car parks

Multi-level parking lots according to the method of execution are divided into three types, which determine how the floors will be located relative to the ground level:

1. ground,
2. underground,
3. aboveground-underground.

Such parking lots can accommodate several thousand cars . They must include ramps, elevators and lifts, and special inclined floors. Fire safety , smoke exhaust and ventilation systems, as well as high-quality lighting are installed in buildings

• Truck parking

Since the facility is designed to service heavy trucks, it should be located on the outskirts of the city . This factor has a positive effect on the costs of organizing parking, making the business more profitable.

Areas for such parking must have high-quality fencing and good 24-hour security . The road surface must be covered with a special compound, and the area must be equipped with a drainage system . The remaining requirements are the same as for an open parking lot.

• Home parking lots

The property is a loosely fenced but protected plot of land near multi-storey buildings . The parking lot is designed exclusively for cars belonging to local residents, and it is desirable that it serves at least 20 vehicles. This will make the business profitable .

no special requirements for parking , and financial investments in the business will be minimal.

• Underground warm parking lots for cars

Underground warm parking lots require significant investments and are designed for wealthy clients . Objects should be located near elite high-rise buildings or in the business center of the city.

The parking area for 20 cars should be about 500 square meters. The demand for this type of service increases during the cold season .

Warm parking lots are built in accordance with approved standards and necessarily include heating and air conditioning systems, lighting, and fire safety.

• Penalty parking lots

The facility looks very much like a simple outdoor parking lot. However, it needs enhanced security , since cars entering its territory are registered with law enforcement agencies. Detained transport is placed in storage until demand , and its release is made after payment of the appropriate large fee.

Such parking lots are often owned by the state , so using them as a business is not entirely advisable.

• Prefabricated modular car parks

All that is needed for such a parking lot is a free plot of land. The parking lot is easily erected due to special structures that are easy to assemble and disassemble , therefore suitable for both temporary and permanent use. Modules can be installed on an existing parking area, thus making it multi-level .