By Ángel Marín Díaz
Recently we have been inundated with clients who have been approached (fined) for not following proper protocol for building in Mexico. These complaints have ranged from out and out fraud by the contractor, architect, or engineer to simple mistakes that have cost tens of thousands of dollars in fines.
Building a house happens on a daily basis. Despite this, it does not mean that it is something simple–various procedures and permits are required so the construction permits are compliant when overseen by all administrative authorites.
However, many people consciously decide not to carry out the formalites, and if any authority finds out about it they will be levied with fines that can be avoided and which could also delay the construction process.
It should be noted that no matter how your construction contract reads ultimately before the Federal, State, or Municipal authority the “property owner is the sole responsible party for any/all payments and permits.”
The minimum requirements are:
Owner must submit valid official identification.
Property deed(s) to verify ownership.
Design plans accurately detailing roads and access including calculation of the number of parking spaces.
Approved plans issued by the Municipal Coordination of Civil Protection.
Structural design and foundation plans completed by a certified expert.
Electrical, hydraulic, special, sanitary, and gas installations plans with their respective descriptive and calculation reports.
Land use permit. This is a permit handled by Directorate of Urban Development and Territorial Planning.
If the project causes alterations to the stability of the soil a very specified geotechnical study with documentation drawings must be done.
Work Construction License, a permit issued by Directorate of Urban Development and Territorial Planning.
Approval of the location and land use of the construction in accordance with the Territorial Code.
Property receipt proving there are no debts.
Contract and/or water receipt issued by SAPASMA.
If the project includes the hiring of construction personal, the owner must register with IMSS and the contracted personal must be registered as employees according to the Social Security Law so they can receive their benefits.
If the Owner needs help from a third party to execute these administrative procedures he or she must grant a limited Power of Attorney specifying what actions or procedures the third party is going to execute.
Verify in which area of San Miguel the property is located. For example, if the property is located in the Historic Zone there are other architectural requirements imposed by UNESCO.
Building a home can be a difficult affair if guidelines and regulations are not followed so it is highly recommended to hire professionals to advise you to avoid inconvenience, fines, and delays.
For more specific information on these matters, as well as all legal and notarial services including residential and commercial closings and fiscal (capital gains) and estate planning please contact the author:
Angel Marin Díaz at: firstname.lastname@example.org 415 121 9005 (754) -107-0163