Buying property in Mexico as a foreigner is legal, well-regulated and routine. The rules are written into the Constitution and the Foreign Investment Law, they have been stable for decades, and every purchase passes through a notario público before it is registered. What changes from one deal to the next is the structure: where the land sits, what it will be used for, and what kind of title it carries. This guide sets out those rules for 2026, with a focus on Quintana Roo, and links to our detailed guides on each step.
Can foreigners own property in Mexico?
Yes. Article 27 of the Mexican Constitution allows foreigners to acquire land, provided they agree to be treated as Mexican nationals in respect of that property and not to invoke the protection of their own government. That agreement is known as the Calvo clause.
How you hold title depends on location:
- Outside the restricted zone, a foreign individual or company can take title directly in its own name. Before buying, the buyer files a written agreement with the Secretaría de Relaciones Exteriores (SRE) under Article 10 A of the Foreign Investment Law (LIE). The SRE lists the 2026 fee for reviewing that agreement at MX$5,250.
- Inside the restricted zone, foreigners cannot hold direct title. Residential property is held through a bank trust (fideicomiso); non-residential property can be held directly by a Mexican company with foreign shareholders.
Either route gives you the economic substance of ownership: the right to use, rent, improve, sell and pass on the property.
The restricted zone, explained
The restricted zone (zona restringida) is the strip of national territory 100 km wide along Mexico's land borders and 50 km wide along its coastlines. It comes from Article 27, section I of the Constitution and is defined again in Article 2 of the LIE.
In Quintana Roo, nearly every market a foreign investor considers sits inside it. Cancún, Playa del Carmen and Tulum are on the coast. Bacalar lies close to the coast and to the border with Belize. For any parcel inland, along a highway corridor for example, your notario will confirm whether it falls inside the zone before choosing the structure.
Inside the zone, the LIE provides two routes:
- Fideicomiso (Articles 11 to 14). A Mexican bank, with an SRE permit, holds title as trustee and you are the beneficiary. The trust lasts up to 50 years and can be extended at the beneficiary's request. The law gives the SRE five business days to decide a permit application filed centrally, or 30 business days at a state office. If it does not decide in time, the permit is treated as granted.
- Mexican corporation (Article 10). A Mexican company whose bylaws admit foreign shareholders can own property in the zone directly if it is used for non-residential activities. The company notifies the SRE within 60 business days of the purchase.
Fideicomiso vs Mexican corporation
For a home, a second residence or a residential lot, the fideicomiso is the standard route. For commercial land, a hotel site or a development project, a Mexican company is often the better fit. Many investors end up using both.
| Fideicomiso (bank trust) | Mexican corporation | |
|---|---|---|
| Permitted use in the zone | Residential, and income from operating the property (LIE Art. 12) | Non-residential activities (LIE Art. 10) |
| Who holds title | The trustee bank, for your benefit | The company, directly |
| Government step | SRE trust permit, MX$21,650 (2026) | Notice to the SRE within 60 business days, MX$1,475 if filed on time |
| Term | Up to 50 years, renewable | No term limit |
| Ongoing cost | Annual bank trustee fee | Accounting, tax filings and corporate upkeep |
| Succession | Substitute beneficiaries named in the trust | Through the shares |
Our fideicomiso guide covers setup, fees, renewal and beneficiaries in detail. A Mexican corporate lawyer should advise on the corporate route.
Titled vs ejido land
Much of the land in rural Mexico was granted to agrarian communities called ejidos. Ejido parcels are governed by the Agrarian Law, not by ordinary property law. Under Article 80 of that law, parcel rights can only be transferred to other ejidatarios or to avecindados, who are recognised Mexican residents of the community. A foreign buyer cannot acquire them.
Ejido land enters the private market only after the ejido assembly authorises it and the parcel goes through the dominio pleno process (Articles 81 and 82). The National Agrarian Registry then removes it from its records and issues a property title, which is recorded in the state Public Registry of Property. Only from that point is it private land, and only then can it be bought through a fideicomiso or a company.
In practice, a foreign investor should buy only land with a registered deed (escritura), a clean lien certificate and current property tax. Our guide to ejido vs titled land explains how to verify a title step by step.
Buying property in Mexico as a foreigner: the process, step by step
A typical purchase in Quintana Roo follows this sequence. Timelines vary with the notario, the bank and the registry.
- Offer and promissory contract. Price, deposit, closing date and conditions are agreed and set out in a contrato de promesa de compraventa. Have an independent lawyer review it before you pay any deposit.
- Choose the notario público. The notario is a lawyer licensed by the state to formalise property transfers. They run the legal checks, calculate the taxes and register the deed.
- Due diligence. The notario requests a lien certificate (certificado de libertad de gravamen) from the Registro Público de la Propiedad y del Comercio, checks the chain of title, and confirms that predial (property tax) and water are paid. For land, also confirm land use and boundaries.
- Trust or company. In the restricted zone, the trustee bank is chosen and the SRE permit is requested, or the company that will buy is incorporated.
- Appraisal. An appraisal (avalúo) is commissioned. It feeds into the acquisition tax calculation.
- Signing. Buyer, seller and, where relevant, the bank sign the deed before the notario. The balance is paid and the notario withholds and pays the taxes due.
- Registration. The notario records the deed in the Public Registry. Your rights are fully protected against third parties once the deed is registered.
For land, add a site visit with a surveyor and confirm access, utilities and zoning before step 1. For off-plan property, see our Tulum pre-sale checklist. For the land-versus-unit decision, see land vs condo in Mexico.
Costs and taxes at a glance
The table below separates official figures from market estimates. Our full breakdown is in closing costs in Quintana Roo, and ongoing obligations are in Mexico property taxes for foreigners.
| Item | Amount | Basis |
|---|---|---|
| Acquisition tax (ISAI), Quintana Roo | 2–4% by municipality | 3% in Cancún, 4% in Tulum and Playa del Carmen, 2% in Bacalar (each municipality's Ley de Hacienda), applied to the highest of the agreed price, the cadastral value or an appraisal no older than 180 days; confirm with the notario |
| SRE fideicomiso permit | MX$21,650 | Official SRE fee, 2026 |
| SRE agreement outside the zone | MX$5,250 | Official SRE fee, 2026 |
| Notario fees | about US$2,000–8,000 | Broker estimate, scales with price |
| Bank trust setup | about US$500–1,000 | Broker estimate |
| Annual trust fee | about US$500–900 | Broker estimate |
| Total closing costs | about 5–8% of price | Broker estimate |
When you sell
Under Article 160 of the Income Tax Law (LISR), a non-resident seller pays 25% of the gross sale price with no deductions. Alternatively, if the sale is formalised before a notario, the seller can opt for the top rate of the individual tariff, currently 35%, on the net gain. The notario calculates the tax and pays it within 15 days of signing. Which option is better depends on your cost base and records, so take tax advice before you buy, not only when you sell.
Where to invest in Quintana Roo
Quintana Roo offers several distinct markets, each with its own buyers, pricing and risks.
Cancún
The state's commercial and aviation hub, with established infrastructure and gated master-planned communities. Examples range from a corner lot in Vía Cumbres Residencial to an 8,920 m² parcel on Blvd. Colosio, where land use is not yet certified and the buyer must confirm zoning. See Cancún land investment.
Playa del Carmen
A dense urban market where certified commercial land is scarce. The three commercial lots on Av. Kantenah carry CU-C commercial land use. See commercial land in Playa del Carmen.
Tulum
A younger, design-led market with many pre-sale projects. Pre-sales need extra checks on permits, contracts and delivery terms. Casa Selva Alta in Región 15 is an example of a house in pre-sale.
Bacalar
A lagoon town in the south of the state where titled land is the main draw. Lots range from the 16 deeded residential lots of Bacalar Mz 50 to the 6,000 m² lagoon-front parcel of Bacalar para Visionarios. See buying land in Bacalar.
Corridors and long-term reserves
Larger investors look at titled land along transport corridors, such as the federal-highway reserve in Bacalar, ten titled 1-ha lots sold individually or together at MX$5,000,000 each. Our Maya Train real estate guide looks at what the new rail line may mean for land values.
If you plan to live in Mexico part of the year, read retiring in Mexico: residency options alongside this guide. Before you sign anything, engage an independent lawyer and a notario público of your choice.
Questions investors ask
Can a foreigner own beachfront property in Mexico?
Yes, but not with direct title. Beachfront property sits in the restricted zone, so a foreigner holds residential property through a bank trust (fideicomiso) with an SRE permit, or holds non-residential property through a Mexican company.
What is the restricted zone in Mexico?
It is the strip of land 100 km wide along Mexico's borders and 50 km wide along its coasts, set by Article 27 of the Constitution. Foreigners cannot hold direct title there.
How long does a fideicomiso last?
Up to 50 years under Article 13 of the Foreign Investment Law. The beneficiary can ask for it to be extended.
How much is the acquisition tax in Quintana Roo?
It depends on the municipality: 3% in Cancún, 4% in Tulum and Playa del Carmen, 2% in Bacalar. It is applied to the highest of the agreed price, the cadastral value or an appraisal no older than 180 days.
Can foreigners buy ejido land?
Not while it is ejido land. Ejido parcel rights can only pass to ejidatarios or recognised Mexican residents of the community. The land must first be converted to private title (dominio pleno) and registered.
What tax does a foreigner pay when selling Mexican property?
A non-resident pays 25% of the gross price, or can opt for 35% of the net gain if the sale is formalised before a notario. The notario calculates and pays the tax within 15 days of signing.
Sources
- Ley de Hacienda del Municipio de Benito Juárez, Arts. 26–29 (ISAI 3%; última reforma POE 21-12-2023)
- Ley de Hacienda del Municipio de Solidaridad, Arts. 23 Quáter–Quinquies (ISAI 4%; reforma POE 10-12-2025)
- Ley de Hacienda del Municipio de Tulum, Arts. 49–50 (ISAI 4%; última reforma POE 09-12-2024)
- Ley de Hacienda del Municipio de Bacalar, Arts. 56–57 (ISAI 2%; última reforma POE 05-06-2024)
- Ley de Inversión Extranjera (Cámara de Diputados, última reforma DOF 27-05-2024)
- Artículo 27 constitucional, fracción I (Procuraduría Agraria)
- SRE: Trámites Art. 27, costos 2026 (Anexo 19, RMF 2026)
- Ley del Impuesto sobre Adquisición de Bienes Inmuebles de los Municipios del Estado de Quintana Roo
- LISR Artículo 160: enajenación de inmuebles por residentes en el extranjero
- LISR Artículo 152: tarifa anual 2026 (tasa máxima 35%)
- Ley Agraria (Cámara de Diputados, última reforma DOF 14-11-2025)
- RPPC Quintana Roo: portal ciudadano (certificado de libre gravamen)
- Maya Ocean: Mexico property taxes and closing costs for US buyers, 2026 (broker estimates)
This guide is general information, current as of October 2026, and is not legal or tax advice. Laws, rates and thresholds change; confirm every figure with a notario público or an independent Mexican attorney before you act.