In short
Outside the restricted zone a foreigner may own land or a home directly, without a bank trust. The price of admission is an agreement filed with the Foreign Affairs Secretariat (SRE) in which the buyer accepts to be treated as a Mexican regarding that property, plus an SRE permit. For a property in a municipality entirely outside the zone, the permit is deemed granted if no refusal is published within 5 business days; if the municipality is partly inside the zone, the SRE has 30 business days. The 2026 federal fee for the agreement is MX$5,250. The rules are federal; the purchase tax and the notary’s tariff are set locally.
What the law requires
Article 10 A of the Foreign Investment Law (Ley de Inversión Extranjera, LIE) requires foreigners who want to acquire real estate outside the restricted zone to file beforehand, with the SRE, a written statement agreeing to what section I of article 27 of the Constitution provides, and to obtain the permit. The constitutional bargain has three parts: treat the property as a national would be treated, do not call on your government for protection regarding it, and accept that a breach means the property is lost to the Nation.
The SRE’s own form (FF-SRE-007, form dated 25 May 2016) puts the clause in these words: the applicant “conviene ante la Secretaría de Relaciones Exteriores en considerarse como mexicano respecto de dicho inmueble y en no invocar por lo mismo la protección de su gobierno”, under penalty of “perder en beneficio de la Nación Mexicana, el inmueble que adquiera”. The form asks for the applicant’s data, the description and location of the property and the “forma de adquisición y porcentaje” (form and share of acquisition), is filed as an original and two copies, and must be accompanied by the representative’s power of attorney when one is used and by a separate document with the area, measures and boundaries signed by the representative.
Why the municipality matters
The permit clock depends on the municipality:
| Municipality | Federal rule | Source |
|---|---|---|
| Entirely outside the zone | Permit deemed granted unless the SRE publishes a refusal in the Official Gazette within 5 business days of filing | LIE art. 10 A, second paragraph |
| Partly inside the zone | The SRE decides within 30 business days | LIE art. 10 A, third paragraph |
INEGI publishes the list of municipalities in the Official Gazette. A plot can be outside the strip and still sit in a municipality that is partly inside, which is why checking the municipality, not only the plot, is the first step. See the restricted zone explained.
The last paragraph of article 10 A lets the SRE publish general agreements listing cases in which the foreigner files only the written agreement and does not need the permit. The text of any such agreement in force was not read for this guide; do not assume that your purchase falls under one. The notary, who must check this before signing (see below), will tell you which route applies.
Documents the Regulation asks for
Article 8 of the Regulation of the LIE sets what the foreign individual or company must do:
- Sign the agreement before the SRE for the specific property, “precisando … la forma y porcentaje de adquisición”.
- Prove legal capacity. An individual must prove, where applicable, lawful stay in the country and an immigration status that allows the legal act. A company must prove its legal existence. Foreign documents must be legalised before a Mexican consul or apostilled, and documents in another language must come with a translation by a sworn translator (perito traductor).
- Attach an annex with the area, measures and boundaries of the property.
- Pay the duties in the Federal Fees Law.
A representative signing the agreement needs either a special power of attorney that names the agreement and the waiver, or a general power for acts of ownership that meets the law’s requirements. This matters to buyers abroad: the power of attorney is a document of its own, and it must say the right thing.
The Migration Law (art. 65) separately requires foreigners to prove a regular immigration status when a notary acts on a real-estate matter.
The notary’s check before signing
Article 4 of the Regulation tells the notary (notario público, a state-appointed notary and senior lawyer) to demand the permit before the deed is signed. When approval is tacit because the five business days passed, the notary must require proof that the written agreement was filed with the SRE and record in the deed that tacit approval operated. This is why the deed can take longer than a purchase between Mexicans, and why the filing date is worth putting into the calendar of the sale.
What it costs
The SRE fee for receiving, studying and approving the agreement for acquiring property outside the restricted zone is MX$5,250 in 2026 (Federal Fees Law art. 25, section XV, which the law’s text gives as MX$5,252.02 and the tax authority’s Annex 4 rounds to MX$5,250). Older amounts circulate on some official pages; they do not match the 2026 law.
Purchase tax, notary fees and recording fees are local: use the closing-costs calculator and the state pages.
Which professional to consult
A notary (notary) checks the permit and drafts the deed. A real estate lawyer (real estate lawyer) can prepare the agreement and the power of attorney. A sworn translator handles the translations of foreign documents. Each professional’s registration can be checked by you.
Frequently asked questions
Do I need a trust outside the restricted zone?
No. Outside the zone the law provides direct ownership after the agreement and permit (LIE art. 10 A). This page does not say whether a trust is advisable.
What happens if I break the agreement?
The Constitution and the SRE form state the same penalty: the property is lost for the benefit of the Nation.
Can someone sign the agreement for me?
Yes, with a special power of attorney that names the agreement and waiver, or a general power for acts of ownership (Regulation art. 8).
Does the 5-day rule apply to every plot outside the zone?
Only to those in a municipality entirely outside the zone. For a municipality partly inside, the SRE has 30 business days.
Is the fee the same in every state?
Yes: MX$5,250 is a federal duty. Local taxes and notary fees vary.
More guides on foreign buyers
- Buying Mexican property through a company: what the law says
- Buying property in Mexico as a foreigner: the rules
- Fideicomiso permit in Mexico: 2026 SRE fees and timing
- Fideicomiso: how Mexico's bank trust for foreigners works
- Mexico-Canada tax treaty: rent and gains on Mexican property
- Mexico-UK tax treaty: rent and gains on Mexican property
- Mexico-US tax treaty: rent and gains on Mexican property
- Mexico's restricted zone: 100 km and 50 km explained
- Rental income tax for non-residents of Mexico
- Renting out a home held in a Mexican fideicomiso
- RNIE: Mexico's foreign investment registry and who files
- Selling Mexican property as a non-resident: the tax
Sources
- Ley de Inversión Extranjera, art. 10 A (Cámara de Diputados) (consulted 15 October 2026)
- Reglamento de la Ley de Inversión Extranjera y del RNIE, arts. 4 y 8 (Cámara de Diputados) (consulted 15 October 2026)
- Ley Federal de Derechos, art. 25-XV (Cámara de Diputados) (consulted 15 October 2026)
- Formato FF-SRE-007, Convenio de renuncia para adquisición de bienes inmuebles fuera de zona restringida (SRE) (consulted 15 October 2026)
- Constitución Política de los Estados Unidos Mexicanos, art. 27-I (Cámara de Diputados) (consulted 15 October 2026)
- Ley de Migración, art. 65 (Cámara de Diputados) (consulted 15 October 2026)