Sergey Smirnov
In chains and shackles
Judging by the experience of Moscow, St. Petersburg and other megacities, the authorities promise to solve the garage issue from year to year, but in reality they only tighten the knot of problems. In the capital, for example, in recent years, existing parking lots have been actively eliminated, but the promised "people's" garages did not appear in their place. And if they did, then prices bite into them.
Therefore, many car owners do not rely on the administration and try to resolve the issue on their own. As a result, the yards of high-rise buildings were flooded with various columns and chains enclosing parking spaces. Those who stayed away from the section write to local authorities - they ask to restore order. Officials periodically conduct raids, using grinders and wire cutters to combat self-capture. But new barriers quickly appear on the site of the demolished buildings … And there is no end to this until the residents formally arrange parking spaces. They have a legal right.
JUNIOR SITE
Residents of any high-rise building have the right not only to the apartment (of course, we are talking about the owners), but also to the common property in the house. In addition, the Housing Code of the Russian Federation (Article 36) provides the right to common shared ownership on the land where the house is located. How to find out what area residents can apply for? To do this, it is worth contacting local authorities (any owner can do this) and find out if the land plot has been defined for common shared ownership.
If it is already designated, then the municipal authority at the request of the owners of the house must decide on its transfer. If the borders are not defined, then the local authorities should establish them at their own expense. Having received the plan of the site and the decision to transfer it from state or municipal ownership to the shared ownership of residents, you can contact the Registration Chamber. After this seemingly simple paper procedure, apartment owners will receive an official document certifying the right to joint ownership of land near the house.
CAR COMMUNE
But getting documents is only the beginning. Although not all tenants are car owners, they make the decision to build a parking lot (if the land area allows) together. With the decision in the form of a protocol, we again go to the local authorities for agreement; in addition, you will have to obtain building permits in many instances. The procedure is long and dreary (we have such laws!), And yet, if desired, having put together an initiative group, the problem can be solved.
But keep in mind: even if you manage to overcome all the bureaucratic obstacles and ultimately equip the parking lot, conflicts between car owners are not ruled out in the future. The fact is that joint shared ownership implies some restrictions. For example, it is impossible to fix a parking place for a specific tenant, just as it is forbidden to sell or rent this 3 × 6 m rectangle.
WITHOUT NEED
If near the house there is an undeveloped land, then you can use it. But we must be aware that obtaining a building permit is a very complicated procedure. Therefore, be patient in advance … and money. To begin with, decide who will be the initiator, and in the future - the person responsible for the parking. There are several options. This can be either a legal entity that provides car storage services on a commercial basis, or an association of residents at home.
In the latter case, one cannot do without an activist-social activist - a person with steel nerves, experience in communicating with state bodies (preferably with connections in them) and a lot of free time. Therefore, immediately decide how to proceed: choose an initiative group at the meeting of residents of the house or rely on the management company.
Having made the decision, contact the local authorities with a statement on the choice of land for construction. In this case, it is necessary to justify the need for parking, indicate the number of parking spaces. The Land Code (Article 31) obliges local authorities to consider such applications and provide information on the possibility of allocating land. But the mere presence of a free area near the house does not mean that the authorities will meet the residents.
In addition to all kinds of restrictions on the use of the land (for example, engineering communications are laid there), the reason for the refusal may also be some planned construction of “other structures”. But the refusal can be appealed - to higher authorities, through its deputy, the prosecutor's office, etc.
If there are no prohibitions and restrictions, after two weeks you should be given a permit, which is drawn up by the act on the selection of the land. The decision to provide the plot is valid for three years (Article 31 of the Land Code of the Russian Federation). But this, again, is only the beginning: it is necessary to coordinate the construction object in various instances, conclude lease agreements and, finally, equip the parking lot. By the way, in this case there will be no debate about the ownership of parking spaces: each of the participants has the right to its own place.
