Fideicomiso: the Mexican bank trust for foreign buyers in Baja California Sur
In the restricted zone, which covers nearly all of Baja California Sur, foreigners hold residential property through a bank trust (fideicomiso). A Mexican bank holds title and you keep the rights of an owner. These steps cover the trust from permit to renewal.
The steps, in order
- 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. - Bank trust or Mexican company: choosing how to hold title
In the restricted zone (within 50 km of the coast, which covers nearly all of BCS), foreigners hold residential property through a bank trust (fideicomiso). A Mexican company with foreign… - Choose the trustee bank (fiduciaria)
A Mexican bank acts as trustee: it holds legal title. You are the beneficiary (fideicomisario) with full rights to use, rent, sell and bequeath the property. - Buying a property already in a trust
Taking over the seller's existing trust by an assignment of beneficiary rights (cesión de derechos fideicomisarios), or having the bank transfer the property into a new trust for you. - Foreign Ministry permit for your bank trust (SRE permit, fideicomiso)
The permit from the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE) that lets the bank set up a trust for a foreigner in the restricted zone. - Sign the deed (escritura)
Signing the public deed in which the seller transfers the property to the bank as trustee for your benefit, and the trust contract is formalized. - Tell the Foreign Ministry the permit was used (aviso de uso de permiso, SRE)
The bank's notice to the SRE that the trust permit was used to sign the deed. - Register with the foreign investment registry (RNIE)
Registering the trust in the Registro Nacional de Inversiones Extranjeras (Section III, trusts), run by the Secretaría de Economía. - Annual trust fee
The bank's yearly fee for acting as trustee, usually billed in advance each year on the anniversary of the trust. - Substitute beneficiaries and inheritance
Naming who takes your beneficial rights when you die (fideicomisarios sustitutos), directly in the trust. - Trust term and renewal
Restricted-zone trusts last up to 50 years and can be extended. - When your trustee bank changes, or you want to switch
What happens to your trust when the bank merges or sells its trust business, and how to move your trust to another bank voluntarily (sustitución de fiduciario).
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.
What is a fideicomiso?
A bank trust. A Mexican bank holds title for you, and you keep the rights of an owner. It is renewable and you choose the bank.
How long does a trust last?
Trusts are granted for up to 50 years and can be renewed. Track the end date in the app.
Should I use a Mexican company instead of a trust?
A company is meant for business use and has monthly accounting and tax filings. For a personal home, most buyers use a trust. Compare both with an attorney and an accountant.
How long does closing take?
Often about 1–3 months after the promise to purchase, depending on the trust permit, certificates and the notario's schedule (estimate).
What happens after closing?
Register with the foreign investment registry (RNIE), file the SRE notice, check the recorded deed, set up predial and transfer utilities.