Fideicomiso in Mexico: How Foreigners Buy & Build Property

Updated June 2026 • By Recrea Construction • 7 min read

Key fact: Foreigners can own property anywhere in Mexico, including beachfront. The fideicomiso (bank trust) gives you full ownership rights — build, sell, rent, inherit.

What Is a Fideicomiso?

A fideicomiso is a bank trust that holds title to property within Mexico's restricted zone (within 50 km of the coast or 100 km of a border) on behalf of a foreign buyer. You are the beneficiary with complete control — the bank is just the legal titleholder.

The entire Riviera Maya (Cancún, Playa del Carmen, Tulum) is in the restricted zone, so every foreign buyer needs a fideicomiso.

Your Rights with a Fideicomiso

You CAN
  • Build any structure on the land
  • Sell the property at any time
  • Rent it out (Airbnb, long-term)
  • Pass it to heirs in your will
  • Remodel, expand, or demolish
  • Use it as collateral for loans
Good to Know
  • Trust lasts 50 years, renewable indefinitely
  • You can change banks
  • Multiple properties on one trust
  • Capital gains tax applies on sale
  • No Mexican residency required
  • Process takes 4–8 weeks

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Fideicomiso Costs

ItemCost
SRE permit (Ministry of Foreign Affairs)$1,500–$2,000 MXN (~$85 USD)
Bank setup fee$500–$1,000 USD
Annual bank fee$500–$800 USD/year
Notary fees$1,500–$3,000 USD
Acquisition tax (ISAI)2–4% of property value
Total upfront$3,500–$6,000 USD + ISAI tax

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Step-by-Step Process

1
Apply for SRE Permit

Your notary files with the Ministry of Foreign Affairs. Takes 5–15 business days.

2
Choose a Bank

Major banks: Scotiabank, BBVA, Monex, Banorte. Compare annual fees and service.

3
Due Diligence

Notary verifies: title chain, no liens, no ejidal conflicts, tax status, zoning.

4
Sign at Notary

Both parties sign the escritura (deed). Funds transfer via escrow or notary trust account.

5
Registration

Notary registers with Public Registry. You receive the escritura — you own it.

Documents You Need

  • Valid passport
  • Mexican RFC (tax ID) — your notary can help you get one
  • Proof of address (utility bill, bank statement)
  • Marriage certificate (if applicable)
  • Power of attorney (if you can't be present at signing)
Luxury villa built by foreigner in Tulum Mexico using fideicomiso bank trust

Fideicomiso vs. Mexican Corporation

FideicomisoMexican Corp (SA de CV)
Best forPersonal residence, vacation home, 1–3 rental propertiesDevelopers, 4+ properties, commercial operations
Setup cost$3,500–$6,000 USD$2,000–$4,000 USD
Annual cost$500–$800 USD$3,000–$6,000 USD (accountant + filings)
ComplexityLowHigh — monthly filings, bookkeeping

Our recommendation: For 1–3 properties, use a fideicomiso. It's simpler and cheaper long-term.

Common Scams to Avoid

  1. Ejidal land sold as private — always verify the land title. Ejidal land cannot be legally sold to foreigners.
  2. "You don't need a fideicomiso" — you do. Anyone saying otherwise is setting you up for problems.
  3. Prestanombre (name borrowing) — putting property in a Mexican friend's name. You have zero legal protection.
  4. No notary involved — never buy property without a licensed notario público handling the transaction.

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Plan cost: included in the construction budget. Plans-only: from $800 USD for residential.

Recrea Handles Everything

No need to find lawyers, notaries, or agents separately. We manage the entire process:

  • Permits & licenses: land use, construction license, environmental impact
  • Fideicomiso: bank coordination, notary, SRE approval
  • Architectural plans: design, structural plans, MEP drawings
  • Technical studies: soil mechanics, topography, structural assessment
  • Insurance & bonds: all-risk, liability, warranties
  • Turnkey construction: from foundation to final finishes
  • Remote management: daily photo reports, weekly video calls

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