Fideicomiso (Real-estate trust) in Tanda Casa: definition and context 2026
What is the restricted zone?
Per Article 27 of the Mexican Constitution, foreign citizens (individuals and entities) cannot acquire direct ownership of real estate in:
- The border strip: 100 kilometers from any international land border.
- The coastal strip: 50 kilometers from any coastline (Pacific, Caribbean, Gulf of Mexico, Gulf of California).
This includes Cancun, Playa del Carmen, Tulum, Puerto Vallarta, Cabo San Lucas, Mazatlan, Ensenada, Tijuana, Cozumel, Mérida (parts of), Loreto, La Paz, and many other prime destinations.
How the fideicomiso solves this
The fideicomiso is a trust agreement (governed by the Mexican Foreign Investment Law) where:
- A Mexican bank (the fiduciario) holds legal title to the property.
- The foreign buyer is the fideicomisario (beneficiary) with full beneficial ownership rights.
- The buyer can use, modify, lease, sell, transfer, and bequeath the property.
- Term is 50 years, automatically renewable for another 50 years (effectively perpetual).
Process to set up a fideicomiso
- Permit from the Ministry of Foreign Affairs (SRE): typically 1-3 weeks.
- Select trustee bank: most Mexican banks offer fideicomiso services (Scotiabank, BBVA, Santander, etc.).
- Notarize the trust agreement simultaneously with the purchase deed.
- Register with the Public Registry of Property.
Costs of a fideicomiso
| Concept | Cost 2026 |
|---|---|
| SRE permit | ~$1,000 USD |
| Bank setup fee | $1,500 – $3,000 USD |
| Annual maintenance fee | $500 – $800 USD/year |
| Notary fees | Included in standard closing costs |
These are in addition to the standard ~8-11% in closing costs (ISAI, notary, appraisal, registration).
Properties outside the restricted zone
If the property is outside the restricted zone (most inland cities like CDMX, Guadalajara, Monterrey, San Miguel de Allende, Querétaro, Aguascalientes), foreign citizens can hold direct title — no fideicomiso required.
How Tanda Casa handles this for foreign buyers
When a foreign client adjudicates a property within the restricted zone through Tanda Casa, the notary coordinates the fideicomiso structure at the moment of title transfer. The financial side (your monthly contributions and the funded amount) is the same; the legal vehicle adapts to the property's location.
Important: fideicomiso ≠ leasehold
The fideicomiso is NOT a lease or rental. It is full beneficial ownership through a trust vehicle. You have the same economic rights as a direct title holder, with the trustee bank acting only as the legal title-holder of record.
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