The type of structure you can build on your Mexican land will depend on the zoning regulations in the area where your land is located. However, some common types of structures that you can build on Mexican land include:
In addition to the type of structure, you will also need to consider the size of the structure when you are planning your build. The maximum size of a structure that you can build on Mexican land will be determined by the zoning regulations in the area where your land is located.
It is important to note that you will need to obtain a building permit from the local authorities before you can start building on your Mexican land. The process for obtaining a building permit can vary depending on the municipality where your land is located. However, you will typically need to submit a building plan to the authorities, as well as proof that you own the land and that you have the necessary permits.
Supervision is important in any construction project because it can help to ensure that the project is completed on time, within budget, and to the required quality standards.
Some of the benefits of having proper supervision in a construction project in Mexico include:
Executive projects are a multidisciplinary task, which requires not only specialized labor but engineers, architects, accountants, and lawyers who specialize in the execution of construction projects, so that each aspect of the work is carried out in accordance with the contracts, financial ceilings, and project specifications. Having a comprehensive service in the construction administration will benefit communicating and monitoring of your project processes, avoiding downtime and delays in the execution in addition to the correct management of the resources destined for the work.
An executive project is important because it can help to ensure that a project is completed on time, within budget, and to the required quality standards. Executive projects are typically led by a senior executive who has the authority to make decisions and allocate resources. This can help to ensure that the project is properly managed and that any potential problems are identified and addressed early on.
Here are some of the specific reasons why executive projects are important:
The price per square meter of property in Mexico varies for a number of reasons, including:
Here are some examples of how the price per square meter varies in Oaxaca by location:
It is important to note that these are just averages and the actual price per square meter can vary depending on a number of factors. If you are considering buying property in Mexico, it is important to do your research and get an estimate from a real estate agent.
A restricted zone in Mexico is an area where foreigners are not allowed to own property directly. This is because the Mexican government wants to protect its national security and sovereignty. The restricted zones are located within 100 kilometers of the border and within 50 kilometers of the coast.
There are a few exceptions to the restricted zone rule. For example, foreigners can own property in restricted zones if they have a Mexican residency visa or if they are married to a Mexican citizen. Foreigners can also own property in restricted zones through a fideicomiso, which is a trust that is managed by a Mexican bank.
If you are considering buying property in Mexico, it is important to be aware of the restricted zones. If you want to buy property in a restricted zone, you will need to work with a real estate agent who specializes in these types of transactions.
A Mexican fideicomiso is a trust that is used to allow foreigners to own property in restricted zones, such as beachfront property or property within 50 kilometers of the border. The property is held in the name of the trustee, who is a Mexican bank, and the beneficiary is the foreign buyer.
The fideicomiso is a popular option for foreigners who want to own property in Mexico because it allows them to have all the benefits of owning property, such as the right to use and enjoy the property, without actually owning the title to the property. This is important because foreigners are not allowed to own property directly in restricted zones.
The fideicomiso is a legal arrangement that is governed by Mexican law. The terms of the fideicomiso are set out in a trust agreement, which is a document that is signed by the trustee, the beneficiary, and the settlor. The trust agreement will typically specify the duration of the fideicomiso, the rights and obligations of the trustee and the beneficiary, and the terms of termination of the fideicomiso.
The trustee is responsible for managing the property on behalf of the beneficiary. This includes paying the property taxes, maintaining the property, and ensuring that the property is used in accordance with the terms of the trust agreement. The beneficiary has the right to use and enjoy the property, but they do not have the right to sell the property or to transfer the property to another person.
The fideicomiso is a flexible arrangement that can be tailored to the specific needs of the beneficiary. For example, the duration of the fideicomiso can be set for a specified period of time or it can be indefinite. The terms of the trust agreement can also be modified to reflect changes in the beneficiary’s circumstances.
In Mexico, a persona física is a natural person, or an individual. This is the opposite of a persona moral, which is a legal entity, such as a corporation or a partnership.
Personas físicas have certain rights and responsibilities under Mexican law. For example, they are required to pay taxes on their income. They are also entitled to certain benefits, such as social security benefits.
There are two main types of personas físicas in Mexico:
If you are a foreigner who is considering doing business in Mexico, it is important to understand the difference between personas físicas and personas morales. You will need to determine which type of entity is best suited for your business needs.
Here are some of the key differences between personas físicas and personas morales:
There are two main ways to legally acquire property in Mexico:
The documents you need to sell your property in Oaxaca are:
Public deed, owner’s ID, Public Registry, predial paid, Cadastral Certificate, Electricity, and water receipts. Freedom of Encumbrance, plans of the land or house.
The documents you need to buy a property in Oaxaca as a foreigner are:
1.- You must process the waiver agreement provided by Article 27 of the Constitution to acquire property outside the restricted zone.
2.- Through the creation of a Mexican company.
3.- Through a trust which is also useful in restricted areas.
Mexican corporations require a minimum of two associates or shareholders. Both shareholders can be foreigners, and it is not necessary to have a Mexican partner. There are several different types of Mexican Corporations, however the most common are the S.A. de C.V. and the S. de R.L. de C.V. The S.A. de C.V. is a stock corporation and S. de R.L. de C.V. resembles a limited liability company. Once the Mexican Company is constituted, the owner can acquire property anywhere in Mexico, including the restricted zone.
A trust for the acquisition of real estate in México is a three-part contract whereby the seller (settlor) irrevocably transfers to a real estate bank (trustee) so that a third party (beneficiary) can use and enjoy such property.
Pursuant to the provisions of section I of Article 27 of the Mexican Constitution, only Mexicans by birth or naturalization and Mexican companies may own land and obtain the concession for the exploration and exploitation of mines and waters in Mexican territory. The State may grant foreign persons the same right provided that they agree before the Ministry of Foreign Affairs to consider themselves as Mexican and to renounce invoking the protection of their Government, under penalty, in case of breaching the agreement, of losing the property they have acquired for the benefit of the Mexican Nation.
Likewise, it is reported that this procedure may also be submitted through the email email@example.com.
The DGAJ will answer your questions and inquiries by phone: 55 3686-5100, exts: 6419, 6407, 6441, 6126, 6416, 6430
The zones with the highest demand for acquiring real estate in Oaxaca City are Downtown (centro), San Felipe del Agua, Tlalixtac, San Andrés Huayapam, Ejido Guadalupe y Etla.
The restricted zone in Mexico refers to the land within 100 kilometers of any Mexican border and 50 kilometers from any coastline. In these areas, persons not born in Mexico may not purchase or have direct ownership of any land, unless they do so through a bank trust. Therefore, a trust is required for any non-Mexican residential property purchased in these zones.
Yes, as a foreigner you can incorporate a Mexican company, the incorporation of a company is an essential condition for a business to be considered formally established and to start operations, all in accordance with the legal provisions in force in the country. Get advice from the experts at www.silmexico.com or write to firstname.lastname@example.org
It is a guaranteed deposit bank account that does not generate interest and allows you to support your money in an operation, this account protects the money and guarantees that the operation has a clear and legal process until the transfer of said money to the final account of the beneficiary.
As an example, if you are going to buy a property, you can guarantee the purchase by backing the money in the escrow account of the intermediary SILMÉXICO, who in turn will be in charge of reviewing the property documents (due diligence), signing a letter of intent between buyer and seller so that once the documentation operation is completed, the percentage will go to the beneficiary’s account.
In a real estate purchase-sale process in México, the notary, through a public instrument, exercises his function independently of the public power and individuals, being in charge of interpreting, drafting, and giving legal form to documents such as a public deed.
The answer is yes, it is necessary to pay the ISR (Income Tax) for the sale of real estate. The ISR for the sale of a house in 2023, is calculated based on the profit from the sale of the real estate, which can reach up to 35%.
It is possible to exempt the payment of ISR or deduct expenses that are subtracted from the profit from the sale. As long as the value of the sale does not exceed 700,000 Udis (Investment Units) or just over 4 million pesos. Payment can be avoided every three years.
The Income Tax, or ISR, is a direct tax on the profits obtained during the fiscal year from activities such as the sale or rental of real estate, or the provision of some type of service.
It must be paid monthly to the Tax Administration Service (SAT) or, based on what is dictated by law and regulations in relation to Fiscal Coordination between the Federative Entities and the Federation, it can also be paid to the Offices Authorized by the Federative Entities.
The Real Estate Acquisition Tax (ISAI) also known as the Domain Transfer Tax, is applied in the purchase of any real estate property in Oaxaca. With it, the Treasury guarantees that the buyer is the owner of the property.
Likewise, other compromises the buyer shall assume are:
Rights for registration before the National Public Registry, and Notary Public fees.
There are restrictions for anyone who builds in Mexico, these restrictions are different depending on the area where you want to build.
Private property in México is when the Nation transfers ownership of land and water to individuals, constituting private property.
The property must have public deeds and a public registry in the name of the owner who, in turn, must comply with the obligations before the state, such as property and service payments.
Communal or ejidal property in México is when the Nation transfers ownership of land and water to the ejidos and communities, giving rise to social ownership, and reserves ownership and direct ownership of certain assets, which are part of public property.
An ejidal or communal property must have an act of possession and registration before the RAN in the name of the owner. Generally, this type of property is governed by the uses and customs of the community in which it is located, making the owner responsible for fulfilling the social responsibilities of the community as well as participating in the decisions of the place.
The freedom from lien of a real estate in México is the certificate issued by the Public Registry of Property, which certifies that there is no obligation imposed on a property by credit or mortgage.
The LOI (Letter of Intent) is a formal written agreement in which two parties guarantee an operation under certain terms such as price, property, and conditions.
This letter of intent links said agreement to the formal contract of the operation, the letter is used to offer and set aside a real estate.
The EIM is a tool of the environmental policy whose object is to prevent, decrease and restore the affectations on the environment, as well as the regulation of works or activities to avoid or reduce the negative effects on the natural environment and human health.
It consists of a technical and scientific study that indicates the effects a work or activity can generate on nature and points out the preventive measures that could minimize the adverse effects produced by the execution of developments. This study allows evaluation of environmental feasibility for the execution, manufacturing, commercial, or service investment projects.
It details the condition of the place before the start of the project to compare the impact or changes that occurred on the environment after the construction, and likewise, proposes strategies to reduce or prevent damage already caused or possible future alterations.
The Escrow account figure in addition to being an impartial party in the operation of a sale, and not generating interest when using it, is essential for giving certainty to the parties involved, since this will act as the party that insures the deposit that is paid as an advance, which will eventually be released to the corresponding party once they have formally committed to carrying out the said operation, as well as compliance each of the requirements and conditions in the agreements established in the contracts that are entered into.
First of all, you should identify in which part of the estate you will acquire the property, since not all the processes are the same, and they are attended individually, additionally to the time that takes to achieve the final target.
Talking about an acquisition out of the restricted area (it could be acquired through a trust or a Mexican corporation) in Mexican territory, the purchase can be carried out in a traditional way, as well as by a legal person. The process in SILMÉXICO is the following:
III. Subsequently, the purchase-sale promise contract is signed, making the transfer of property between the parties, the buyer and the seller, completely formal. SILMÉXICO’s recommendation is that the ratification of the purchase contract be carried out before a public notary with whom the official closing of the purchase is eventually carried out, in order not to generate uncertainty between the parties.
It is important to highlight that there are different processes and scenarios to acquire a property, such as buying through a trust , a process in which SILMÉXICO is an expert, and of which we will be happy to help you do.
It is possible as long as certain requirements that the community or ejido expose in order to carry out said acquisition are strictly complied with; the essential ones are those found in articles 13 and 14 of the Federal Agrarian Law of the United Mexican States.
You could opt for acquisition mediating a Mexican legal entity as long as the guidelines established in Article 126 of the Federal Agrarian Law of the United Mexican States are complied with.
The main places with the best optimal returns and investment results in Mexico are Huatulco and Puerto Escondido, it depends on who the project is developed with, which is why a team of experts in the field is needed, such as SILMÉXICO.
The main destinations more desired on the Coast of Oaxaca are without doubt Huatulco and Puerto Escondido, although both have paradisiacal beaches, a large occupation, and are relatively close to each other, this does not mean that the environment is the same, which is why the first thing you should know when wanting to invest in these places is what type of market is the one you intend to reach, in addition to:
1.- Puerto Escondido: Located approximately 100 kilometers from the Municipality of Huatulco, it could be said that the environment is similar to that of Huatulco, in vacation villages the number of tourists, mostly, are Mexicans or foreigners who visit the municipality for the attraction of its beautiful beaches, the atmosphere of merriment that exists in the bars of the area, and its always festive atmosphere.
2.- Huatulco: In addition to its 9 beautiful bays, what characterizes it is its calm and tranquility in the streets, intended for a market that seeks tranquility, away from the hustle and bustle of crowded places. Huatulco, despite its tourist impulse, continues to preserve the essence of always.
However, there are more places between these 2 beautiful destinations that are also very promising in growth, among them you can find popular places like Mazunte, Pochutla, and Puerto Angel, as well as other hidden but equally impressive places to choose the best option for you.
When we think of Oaxaca, we imagine a place full of life, colors and customs, as well as the local people who embrace foreigners with their treatment and warmth. It is a strategic place to invest; Since, in addition to the fact that you can find properties within the Historic Center polygon, the surroundings of the city, such as Huayapam, San Felipe and Tlalixtac de Cabrera, have lately been in significant demand by developers and those looking to acquire some residential property. What is the reason? The views that can be seen from these points make customers fall in love with them, and because they are areas away from the hustle and bustle of the city, but close enough to amenities such as schools, supermarkets, hospitals, etc., they have become the perfect setting for a life in harmony.
An accountant helps you to have a better order of the financial situation of your company and not only that, he also assists you in a precise way when it comes to expenses and income, as well as to be up to date with your tax obligations and also to have several fiscal strategies that favor the viability of the investment process of the project.
Much is unknown about the work of a builder in real estate development, it is not simply building the structural and material part of what you want to do, it also involves looking for suppliers, the personnel that will participate in the construction; this in order to find the best possible scenario to execute the desired project in a perfect way.
An architect must support the client not only with the architectural program, but also with the program based on their needs and thus find what suits them best. In addition to developing a plan in terms of construction and execution of work that adapts not only to the physical needs of the client but also to the environment.