Why Foreigners Must Obtain a Permit from the Ministry of Foreign Affairs to Purchase Property through a Trust in Mexico

If you are considering purchasing property in Mexico, you may have already heard that a trust is the best option for foreign buyers. However, there is one crucial requirement that cannot be overlooked: obtaining a permit from the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE). This permit is not only a legal requirement but also a safeguard to ensure that your purchase proceeds without complications. In this article, we will explain what this permit is, why it is necessary, and how to obtain it smoothly.

Why Do Foreigners Need a Trust to Buy Property in Mexico?

Mexico’s Constitution restricts foreign ownership of properties within certain areas known as “restricted zones,” which extend 50 kilometers from the coastline and 100 kilometers from international borders. To facilitate foreign investment, the government allows foreigners to purchase property through a bank trust, known as a fideicomiso. In this arrangement, a Mexican bank holds the title to the property, while the foreign buyer retains full rights to use, rent, sell, and bequeath the property, just like an owner.

 

Why Is This Permit Mandatory?

  • Legal Compliance: Mexican law requires that any acquisition of property within the restricted zone by a foreigner must be regulated through a trust authorized by the SRE.
  • Legal Security: The permit helps prevent fraud and ensures that the transaction complies with all legal requirements.
  • Avoiding Future Issues: If the trust is not properly authorized, the property may face legal complications in the future.

 

How to Obtain the SRE Permit

The process to obtain this permit is straightforward, but it must be followed correctly to avoid delays. Here are the essential steps:

  1. Submit the Application:
    The bank that will serve as the trustee must submit the application to the SRE. This process is carried out online through the Sistema de Permisos Artículo 27 Constitucional (SIPAC27).
  2. Required Documents:
    • Property deeds or related documents.
    • Official identification of the foreign buyer.
    • Proof of payment of administrative fees.
  3. Pay the Applicable Fees:
    The cost of the permit to establish a trust in Mexico is approximately between 20,850 and 28,500 MXN in 2025. This amount may change over time, so it is advisable to check the SRE (Secretaría de Relaciones Exteriores – Ministry of Foreign Affairs) website for the most up-to-date information.
  4. Processing Time:
    The SRE has up to five business days to issue the authorization after the application has been submitted.

Tips to Avoid Issues and Expedite the Process

  • Plan Ahead: The SRE permit is mandatory, so make sure this step does not delay your closing.
  • Seek Expert Guidance: A notary and a legal team experienced in foreign real estate transactions can save you time and unnecessary concerns.
  • Ensure the Property Is in Good Standing: Before initiating any process, verify that the property has no legal disputes or outstanding debts.
  • Understand Your Rights and Obligations: Even though the bank is the legal titleholder, you have full control over the property and can sell or transfer it to your heirs.

Practical Example

John and Susan, a retired couple, had long dreamed of owning a beachfront home in Mexico. After finding the perfect property, they discovered that as foreigners, they needed a trust to complete the purchase. As they began the process, their trustee bank informed them that they first needed to obtain a permit from the SRE. With the assistance of a notary and specialized advisors, they gathered the necessary documents and submitted the application. Within a few days, they received approval and moved forward with the purchase without complications. Thanks to their preparation and professional guidance, they avoided delays and were soon able to enjoy their new coastal home.

Conclusion

The SRE permit is a fundamental step for any foreigner looking to purchase property in Mexico through a trust. While it may seem like just another formality, it is actually a key measure to ensure a smooth and legally secure transaction. By preparing in advance and seeking the right professional support, the process can be completed efficiently and without complications—allowing you to focus on what matters most: enjoying your new property in Mexico.