Countries › Mexico › Guide › 11. Real estate and land › Direct ownership by foreigners outside the restricted zone: the foreigners agreement (Calvo clause), the SRE permit, deemed approval and the MXN 5,250 fee

Direct ownership by foreigners outside the restricted zone: the foreigners agreement (Calvo clause), the SRE permit, deemed approval and the MXN 5,250 fee

Last verified: 2026-10-26 · Status: Stable

Outside the restricted zone (100 km from borders, 50 km from coasts) a foreign individual or company may hold Mexican real estate in its own name after filing a written agreement with the Foreign Ministry (SRE) to be treated as Mexican for that property. If the municipality lies wholly outside the zone the permit is deemed granted unless the SRE publishes a denial in the DOF within 5 business days; partly covered municipalities get an answer within 30 business days. The 2026 SRE fee is MXN 5,250 (about USD 281); the notary must see the permit or proof of deemed approval before signing the deed.

USD conversions use MXN 18.6638 per US dollar, the US Federal Reserve H.10 noon buying rate in New York for 23 October 2026 (FRED series DEXMXUS), the latest observation available when this page was verified. Legal conversions in Mexico use the Banxico FIX, which differs slightly. Conversions are for orientation only.

Key facts

Foreigners may hold direct title to land	Yes outside the restricted zone, after the SRE foreigners agreement; never inside it Constitution art. 27, section I; LIE art. 10 A, as of 2026-10-26 · in force
SRE fee for the foreigners agreement for property outside the restricted zone (2026)	5250 MXNLFD art. 25, section XV; RMF 2026 Annex 4, as of 2026-10-26 · in force
Business days after which the permit is deemed granted for municipalities wholly outside the restricted zone	5 business daysLIE art. 10 A, as of 2026-10-26 · in force
SRE deadline for municipalities partly inside the restricted zone	30 business daysLIE art. 10 A, as of 2026-10-26 · in force

The rule

1. The constitutional rule and its penalty. Only Mexicans and Mexican companies have the right to acquire land and waters. The State may grant the same right to foreigners who agree before the SRE to consider themselves Mexican nationals regarding that property and not to invoke the protection of their governments, on pain of losing the property to the Nation. Inside the restricted zone foreigners can never acquire direct ownership of land and waters.
Cost to do it: No fee in the Constitution itself.Constitución Política de los Estados Unidos Mexicanos, art. 27, section I, Art. 27, section I, 1917-02-05 official text · verified 2026-10-26

2. Filing the agreement and getting the permit. A foreigner who wants to acquire real estate outside the restricted zone must first file with the SRE a written agreement accepting Constitution art. 27, section I, and obtain the permit. If the property is in a municipality wholly outside the restricted zone, the permit is deemed granted unless the SRE publishes its denial in the DOF within 5 business days after filing. If the municipality is partly inside the zone, the SRE decides within 30 business days. INEGI publishes and keeps updated the list of municipalities partly and wholly inside the zone; if it is unclear whether a specific property lies inside the zone, the SRE decides after consulting INEGI. The SRE may also issue general agreements in the DOF under which a filing alone suffices, without a permit.
Cost to do it: SRE fee for receiving, studying and approving the agreement: MXN 5,250 in 2026 (LFD art. 25, section XV, added DOF 14 November 2022; rounded amount in RMF 2026 Annex 4). The same agreement for a mining or water concession costs MXN 10,510 (LFD art. 25, section VI).
Example: A foreign buyer of a house in a municipality wholly outside the zone files the agreement on a Monday and pays MXN 5,250. If no denial is published in the DOF within 5 business days, the permit is deemed granted and the notary records that deemed approval in the deed. / MXN 5,250 is about USD 281; MXN 10,510 is about USD 563.Ley de Inversión Extranjera, DOF 27 December 1993, art. 10 A added DOF 24 December 1996; Reglamento de la LIE y del RNIE, DOF 8 September 1998, art. 6, LIE art. 10 A; Reglamento art. 6, 1996-12-24 official text · verified 2026-10-26

3. What the filing must contain. The foreigner signs the agreement in writing before the SRE, stating for real estate the form and percentage of acquisition; proves legal capacity (individuals prove their legal stay in Mexico and a migratory status that allows the act, where applicable; companies prove legal existence); attaches the surface, boundaries and adjoining properties; and pays the LFD fee. Foreign documents must be legalized by a Mexican consul or apostilled, and documents not in Spanish need a translation by an expert translator. An agent can sign only with a special power that expressly includes the agreement and the waiver, or a general power for acts of ownership.
Cost to do it: Apostille or legalization, expert translation and power of attorney costs are set by the issuing country or the professional, not by Mexican federal law.
Example: A Delaware company buying an office floor in Guadalajara files a certified copy of its incorporation documents with an apostille and an expert translation into Spanish, plus the SRE agreement signed by an attorney in fact whose power expressly includes the Calvo clause waiver.Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras, DOF 8 September 1998, art. 8, Reglamento art. 8, 1998-09-08 official text · verified 2026-10-26

4. Notaries must check the permit. Before signing any deed that requires an SRE permit under LIE arts. 10 A, 11, 15 or 16, the notary must require the permit or, where deemed approval applies, the certificate of deemed approval under the Federal Administrative Procedure Law art. 17, and record it in the deed. Where the deemed approval route of LIE art. 10 A applies without a permit, the notary must require proof that the agreement was filed with the SRE and record that deemed approval operated. Notaries who authorize deeds without the required authorizations face the sanctions of the notarial laws.
Cost to do it: Included in notary fees, which are set by each state.Reglamento de la LIE y del RNIE, art. 4 reformed DOF 4 May 2009; Ley de Inversión Extranjera art. 39, Reglamento art. 4; LIE art. 39, 2009-05-04 official text · verified 2026-10-26

5. Sanctions. Acts that contravene the LIE may lead to revocation of authorizations, and acts declared void by the authority have no legal effect between the parties or against third parties. Simulating acts to let foreigners use or dispose of restricted zone real estate in breach of the LIE is fined up to the amount of the transaction, imposed by the SRE.
Cost to do it: Fine up to the full amount of the transaction for simulation.
Example: A nominee arrangement in which a Mexican friend takes title to a beach lot for a foreign buyer worth MXN 5,000,000 exposes the parties to a fine of up to MXN 5,000,000. / Up to about USD 267,898.Ley de Inversión Extranjera, arts. 37 and 38, section V, LIE arts. 37 and 38, 1993-12-27 official text · verified 2026-10-26

Situation	SRE step	Deadline	2026 fee
Municipality wholly outside the zone	File the agreement; permit deemed granted without a DOF denial	5 business days	MXN 5,250 (about USD 281)
Municipality partly inside the zone	File the agreement; SRE resolves	30 business days	MXN 5,250 (about USD 281)
Property inside the zone	No direct title; use a bank trust or a Mexican company	See related pages	See related pages
Mining or water concession	Same agreement, deemed granted without a DOF denial	5 business days	MXN 10,510 (about USD 563)

Foreign ownership routes outside the restricted zone (LIE art. 10 A; LFD art. 25; 2026 amounts from RMF 2026 Annex 4).

Worked example

A Canadian retiree buys a house in San Miguel de Allende, Guanajuato, an inland municipality, for MXN 4,000,000 (about USD 214,319). They file the SRE agreement and pay MXN 5,250 (about USD 281). If the municipality is wholly outside the zone and no denial appears in the DOF within 5 business days, the permit is deemed granted, the notary records this in the deed and title is registered in the buyer's own name.

Step by step

1. Confirm on the INEGI list whether the municipality is wholly outside, partly inside or wholly inside the restricted zone; if unsure about the specific lot, ask the SRE (Reglamento art. 6).
2. Gather capacity documents: passport and migratory document for individuals, apostilled and translated corporate documents for companies, and a special power if an agent signs.
3. Pay the MXN 5,250 LFD fee and file the written agreement with the SRE stating the property, surface, boundaries and percentage acquired.
4. Wait 5 business days (wholly outside) or up to 30 business days (partly inside) and obtain the permit or the deemed approval certificate.
5. Give the permit or certificate to the notary, who records it in the deed; then follow the registration steps on the title page.

Common traps

Assuming the 5 day deemed approval applies everywhere: it only covers municipalities wholly outside the zone; partly covered municipalities wait up to 30 business days for an express decision (LIE art. 10 A).
Signing through an agent with an ordinary power: the power must expressly include the agreement and the waiver, or be a general power for acts of ownership (Reglamento art. 8).
Invoking your own government against Mexico over the property: under the agreement you accepted losing it to the Nation (Constitution art. 27, section I).
Using a Mexican nominee to hold restricted zone land: simulation is fined up to the value of the transaction (LIE art. 38, section V).

Sources

← Real estate and land in Mexico: the restricted zone, bank trusts, the foreigners agreement, Foreign Ministry fees, ejido land, registration and taxes on buying, renting and sellingRestricted zone bank trusts (fideicomisos): SRE permit, 50 year term and extension, permitted uses, trustee duties, 2026 fees and taxes →