Fideicomiso in Mexico: How Foreigners Buy & Build Property
Updated June 2026 • By Recrea Construction • 7 min read
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
Fideicomiso Costs
| Item | Cost |
|---|---|
| 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 |
Step-by-Step Process
Apply for SRE Permit
Your notary files with the Ministry of Foreign Affairs. Takes 5–15 business days.
Choose a Bank
Major banks: Scotiabank, BBVA, Monex, Banorte. Compare annual fees and service.
Due Diligence
Notary verifies: title chain, no liens, no ejidal conflicts, tax status, zoning.
Sign at Notary
Both parties sign the escritura (deed). Funds transfer via escrow or notary trust account.
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)
Fideicomiso vs. Mexican Corporation
| Fideicomiso | Mexican Corp (SA de CV) | |
|---|---|---|
| Best for | Personal residence, vacation home, 1–3 rental properties | Developers, 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) |
| Complexity | Low | High — monthly filings, bookkeeping |
Our recommendation: For 1–3 properties, use a fideicomiso. It's simpler and cheaper long-term.
Common Scams to Avoid
- Ejidal land sold as private — always verify the land title. Ejidal land cannot be legally sold to foreigners.
- "You don't need a fideicomiso" — you do. Anyone saying otherwise is setting you up for problems.
- Prestanombre (name borrowing) — putting property in a Mexican friend's name. You have zero legal protection.
- No notary involved — never buy property without a licensed notario público handling the transaction.
Ready to Buy Land & Build?
We guide foreign clients through the entire process — from finding land to handing you the keys. Free initial consultation.
Free Consultation