Confirm the restricted zone applies
Under Mexico's Constitution (art. 27), foreigners can't hold direct title to land within 50 km of the coast or 100 km of a border.
Why it matters
In practice, essentially every populated part of Baja California Sur is within 50 km of a coast, including La Paz, Todos Santos, El Pescadero and Los Cabos. So foreign buyers use a bank trust (fideicomiso) or a Mexican company. A company only suits non-residential use.
Who helps
Your attorney and the bank.
What to do: Confirm with your attorney whether the property is in the restricted zone.
Documents
- None yet. The survey must state the property's distance to the ZOFEMAT for the permit.
Myths and facts
- The bank holds legal title, but it acts only on your written instructions under the trust contract; you have the rights to use, rent, sell and bequeath.
- A trust is not a lease: it's recorded at the RPPC, lasts up to 50 years and can be renewed (LIE art. 13).
- The trust can't be "taken away" for being foreign-held, but it can be affected by unpaid fees, unpaid taxes, or defects in the title you bought, which is why due diligence matters.
Common mistakes
- "Ejido lease" or "nominee" deals that put a Mexican friend on title.
- Using a corporation for a personal home.
Say it in Spanish
- ¿El inmueble está en zona restringida?
Is the property in the restricted zone?
Terms
Confirm the details for your case with your notario or attorney.
Common questions
Can a foreigner own property in Baja California Sur?
Yes. In the restricted zone, which covers nearly all of BCS, you hold residential property through a bank trust (fideicomiso) as beneficiary, with rights to use, rent, sell and bequeath it.