The lawyer called illegal attempts to secure a place in the yard with the help of objects.

Residents of apartment buildings cannot independently secure parking spaces in courtyards with the help of cans, chairs, cones or car parts. The adjacent territory is the common property of the tenants, and the order of use of such plots is determined only by the general decision of the owners. Lawyer Emil Khalimov told Izvestia about this on September 3.

According to the expert, if a land plot under an apartment building is formed and placed on cadastral registration, it belongs to the common property of apartment owners. This is stipulated in Article 36 of the Housing Code of the Russian Federation. However, none of the owners can independently identify a part of the yard as a private parking space. According to Khalimov, such an order can be established only by a decision of the general meeting of owners, which requires at least two-thirds of the votes. Thus, the placement of cans, chairs, cones, or removed car parts does not create a right to a specific place in the yard.

"If the land plot under the house has not been formed and is not on cadastral registration, it remains in municipal or state ownership. In this case, unauthorized occupation of a part of the territory may be considered a violation under Article 7.1 of the Administrative Code of the Russian Federation," the lawyer explained.

According to him, a fine of 5 to 10 thousand rubles is provided for citizens for such a violation if the cadastral value of the site is not determined. If the cost is fixed, the fine may range from 1% to 1.5% of the cadastral value, but not less than 5,000 rubles.

Objects that can pose a danger to others pose a separate problem. For example, cans of an unknown liquid in the courtyard of an apartment building may be a reason to check for compliance with fire safety requirements. Removed car parts left on the roadway or footpaths can also pose a threat to residents. If a person is injured due to such items, their owner may be required to compensate for the damage caused.

According to Khalimov, even if a person considers a particular place to be "his own," he cannot require another driver to remove the car from this territory. The owner of the abandoned items has no legal right to a specific area of the yard. Attempts to independently force another person to vacate a place can be considered as arbitrariness. Depending on the circumstances and consequences, liability may arise under Article 19.1 of the Administrative Code of the Russian Federation, and in case of significant harm — under Article 330 of the Criminal Code of the Russian Federation.

If a car is damaged as a result of a conflict, liability for intentional damage to property may additionally be considered. The lawyer recommends in such situations not to come into conflict with neighbors, but to fix the placed objects in the photo and contact the management organization. According to the expert, the Criminal Code can take measures to eliminate unauthorized installations if they are placed without legitimate grounds.

Lawyer Mikhail Pirogov said on August 24 that growing vegetables in house-side flower beds in apartment buildings is possible only after consultation with the owners of the housing, and the quality of urban soil does not always allow the use of such areas for food crops. At the same time, the management organization itself cannot independently authorize or prohibit the creation of a vegetable garden, since such issues fall within the competence of homeowners.