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Land use and urban planning: municipal permits, the 30 day public preference right on reserve land, void deeds and ejido land in cities

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

Land use, subdivision and building permits are issued by municipalities under state law and urban plans; permits that contradict the plans have no effect and nonconforming acts cannot be registered. Deeds on land must cite the planning permits and include a clause binding the buyer to the permitted use, or they are void. When land in a territorial reserve is sold, the Federation, state, municipality and borough have a 30 calendar day preference right that must be notified.

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Key facts

Public preference right on reserve land sales30 calendar daysLGAHOTDU art. 84, as of 2026-10-26 · in force

The rule

1. Who issues permits. Municipalities issue authorizations, licenses and permits for urban actions in strict compliance with local law, urban development plans and their reserves, land uses and destinations. Permits, authorizations or licenses that contravene the plans have no effect, and no act, contract or encumbrance that does not comply with urban law and plans may be registered in property registries or cadastres.
Cost to do it: Permit fees are set in municipal revenue laws.Ley General de Asentamientos Humanos, Ordenamiento Territorial y Desarrollo Urbano, DOF 28 November 2016, last reform DOF 1 April 2024, arts. 11, section XI, and 113, LGAHOTDU arts. 11 and 113, 2016-11-28 official text · verified 2026-10-26
2. Void deeds and notary duties. Acts and contracts on property that breach urban plans, land uses, reserves or destinations, that lack the insertions of the permits needed for the urban action, or that transfer ownership without respecting the public preference right are void. Notaries may authorize deeds only after checking the planning certificates, permits or licenses, which must be cited or inserted, and must add a clause binding the buyer to respect the plans, the land use and the definition of urbanizable area.
Cost to do it: No fee in the general law.Ley General de Asentamientos Humanos, Ordenamiento Territorial y Desarrollo Urbano arts. 111 and 112, LGAHOTDU arts. 111 and 112, 2016-11-28 official text · verified 2026-10-26
3. Public preference right on reserve land. The Federation, states, municipalities and boroughs have a preference right, on equal terms, to buy land in territorial reserve zones shown in urban plans, including vacant urban land, when it is sold for value. Owners, notaries, judges and authorities must notify them of the price so they can exercise the right within 30 calendar days, guaranteeing payment.
Cost to do it: No fee.Ley General de Asentamientos Humanos, Ordenamiento Territorial y Desarrollo Urbano art. 84, LGAHOTDU art. 84, 2016-11-28 official text · verified 2026-10-26
4. Ejido land in cities. Use of ejido or communal land within population centers follows this law, the Ley Agraria, state law and urban plans. Urbanizing, subdividing, transferring or incorporating such land into urban development needs favorable state and municipal urban impact, subdivision or building authorizations, and registries may not register full ownership titles or subdivisions of agrarian land in a population center that do not comply.
Cost to do it: No fee in the general law.Ley General de Asentamientos Humanos, Ordenamiento Territorial y Desarrollo Urbano art. 62, LGAHOTDU art. 62, 2016-11-28 official text · verified 2026-10-26

Worked example

  • A developer buys a lot in a municipal growth reserve to build housing. Before the deed, the notary notifies the Federation, state and municipality of the price and waits 30 calendar days for any preference claim (art. 84), inserts the land use certificate and the subdivision license in the deed (art. 112) and adds the clause binding the developer to the permitted use. Without these, the deed is void and cannot be registered (arts. 111 and 113).

Step by step

  1. 1. Obtain the municipal land use certificate and check the urban development plan for the lot.
  2. 2. Check whether the lot is in a territorial reserve; if so, serve the art. 84 notices.
  3. 3. Secure subdivision, urban impact and building permits before committing capital.
  4. 4. Make sure the notary inserts the permits and the use clause in the deed.

Common traps

  • Buying for a use the plan does not allow: the deed is void (art. 111).
  • Skipping the public preference notice on reserve land: the transfer is void (arts. 84 and 111).
  • Relying on a permit that contradicts the plan: it has no effect (art. 113).
  • State and municipal rules add detail: the general law sets the framework only.

Sources

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