The lawyer told about the legal securing of a parking space

Many residents of apartment buildings face the problem of lack of parking and want to secure a specific location. However, simply putting up a fence or a sign is an illegal decision. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on August 28.

The expert explained that the key to solving the issue lies in understanding the status of the adjacent territory.

"According to the Housing Code of the Russian Federation, the land plot on which the apartment building is located belongs to the owners of the premises on the right of common shared ownership and is the common property of the house. Therefore, in order to secure a parking space, it is necessary to hold a general meeting of the owners," the lawyer noted.

According to him, in order to include the issue of leasing part of the land plot in the agenda of the general meeting, it is necessary to consider the following issues: transfer of property, appointment of an authorized person representing the interests of the owners to conclude transfer agreements, as well as approval of the terms of the contract for the transfer of common property for use.

"The decision of the meeting must be taken by a majority of at least 2/3 of the total number of votes of the owners of the premises in the apartment building. If a parking space has already been arranged, then the concluded lease agreement must be registered with the Federal Register," the expert said.

According to the expert, if the parking space has not yet been equipped, before signing the lease agreement, it is necessary to prepare a boundary plan to determine the boundaries of the land plot. Clearly defined boundaries will help to avoid a lot of problems in the future related to its use.

"If a parking space needs to be fenced, it is necessary to submit an application to the administration to coordinate the placement of such structures and obtain a work permit. Remember that a specialized company should be engaged in the installation of agreed fences," Vasilchuk summed up.

On August 26, the State Duma proposed banning the installation of paid parking in Moscow near schools, kindergartens, medical institutions and other social facilities. It was noted that such a ban helps to increase the accessibility of services for Muscovites and will have a positive impact on their lives.

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