How to Buy Property in Mexico as a Foreigner: The Complete Quintana Roo Guide
Expert guide for US, Canadian and UK buyers purchasing in Playa del Carmen, Tulum or Cancun: restricted zone, fideicomiso, notario, ISAI by municipality, taxes and costly mistakes.
By the Tu Inmueble Playa team · ·
General information, not legal, tax or financial advice. Always verify with a notario público, accountant or lawyer in Quintana Roo.
Buying property in Mexico as a foreigner is entirely legal, and in Quintana Roo — Playa del Carmen, Tulum, Cancun and the rest of the Riviera Maya — it happens every single day: beachfront condos, houses inside gated communities, jungle lots and pre-construction units change hands between buyers from the United States, Canada, the United Kingdom, continental Europe and South America and local sellers. What differs from a purchase in Florida, Ontario or Surrey is not your right to buy. It is the legal vehicle through which you acquire, the role of the notario público (a state-appointed lawyer with public faith, not a signature witness), and the sequence of payments, taxes and registrations that turns an accepted offer into a recorded deed.
This guide walks that road from beginning to end from the perspective of an advisor who works in the Mexican Caribbean every week: who may buy under the Constitution and the Foreign Investment Law, what the restricted zone actually is, when a fideicomiso (a Mexican bank trust) is the right instrument and when a Mexican corporation is, how a safe transaction is structured (offer, promise agreement, due diligence, deed and Public Registry), what closing costs look like in each municipality, which taxes you pay on purchase, on ownership and on sale, and which mistakes first-time foreign buyers keep repeating in Playa del Carmen real estate, Tulum real estate and Cancun real estate.
Every legal statement below points to the rule that supports it, checked against the texts published by the Cámara de Diputados and the Congress of Quintana Roo at the time of writing. Where a figure depends on a recent amendment or on a fee that is updated annually, we say so and tell you how to confirm it. Where we discuss market costs — bank fees, professional fees, price ranges — we label them as orientation or as an illustrative example, because they vary from deal to deal. None of what follows replaces a review of your specific situation by a notario público, a Mexican real estate attorney and a Mexican accountant.
Key takeaways: the ten ideas that organise everything else
- Foreigners may acquire real estate in Mexico. The Constitution permits it provided they agree before the Secretaría de Relaciones Exteriores (SRE, the Ministry of Foreign Affairs) to be considered Mexican nationals with respect to those assets — the so-called Calvo clause.
- Within a strip of 100 km along the land borders and 50 km along the coastlines — the restricted zone — foreigners may not hold direct dominion over land and water. The entire Quintana Roo coast is inside that strip.
- For residential use inside the restricted zone the instrument is the fideicomiso: a Mexican bank is the formal titleholder and you, as beneficiary, hold use, enjoyment and exploitation of the property, plus the right to sell, rent, bequeath and mortgage it.
- The fideicomiso runs for up to 50 years and is renewable; it requires an SRE permit that the law obliges the ministry to resolve within short deadlines.
- For non-residential purposes (rentals operated as a business, commercial premises, development), a Mexican corporation with a foreigner-admission clause may acquire direct dominion, at the price of permanent tax and corporate obligations.
- A purchase and sale of real estate is formalised before a notario público in an escritura pública (public deed) and only takes full effect against third parties once it is recorded at the state Public Registry of Property and Commerce.
- The acquisition tax, ISAI (impuesto sobre adquisición de bienes inmuebles), is municipal and is calculated on the highest of price, cadastral value and appraisal: 3% in Benito Juárez (Cancun) and 4% in Tulum; in Solidaridad (Playa del Carmen) it was 3% through 2025 and, following the December 2025 amendment to its revenue law, the sector reports 4%. Budget at the higher rate and confirm with your notario.
- Cash payments for real estate are prohibited above a legal threshold expressed in UMA units; notaries, agents and developers carry identification and reporting duties under anti-money-laundering rules.
- Buying requires neither immigration residency nor a prior RFC (Mexican tax ID), but obtaining an RFC — and residency if you plan to live here — simplifies your tax life and your eventual sale.
- Pre-construction has its own rulebook: contracts registered with PROFECO, statutory minimum warranties, and developer due diligence that matters as much as land due diligence.
Who may buy: article 27 of the Constitution and the Foreign Investment Law
The starting point is section I of article 27 of the Political Constitution of the United Mexican States. The text reserves to Mexicans by birth or naturalisation and to Mexican companies the right to acquire dominion over land and water, but immediately adds that the State may grant the same right to foreigners on one condition: that they agree before the Secretaría de Relaciones Exteriores to consider themselves nationals with respect to those assets and not to invoke the protection of their governments regarding them, on pain of forfeiting the assets to the Nation if they break that undertaking.
That same paragraph introduces the exception that defines the Mexican Caribbean market: within a strip of one hundred kilometres along the borders and fifty along the coastline, under no circumstances may foreigners acquire direct dominion over land and water. The operative word is “direct”. The Constitution does not forbid a foreigner from holding rights over a coastal property; it forbids owning the soil in their own name. The Ley de Inversión Extranjera (Foreign Investment Law, LIE) sets out how this is resolved in practice.
The Calvo clause, explained without drama
The undertaking to be treated as a national with respect to the property tends to unsettle anyone reading it for the first time. In reality it means exactly what it says: if a dispute arises over that property, you submit to Mexican law and Mexican courts as any Mexican would, and you cannot ask your embassy or consulate to intervene diplomatically on that patrimonial matter. It does not affect your nationality, your passport or any other right. For purchases outside the restricted zone the agreement is filed in writing with the SRE (LIE, article 10 A); in fideicomiso purchases it is built into the permit the SRE grants to the trustee bank.
Individuals, foreign entities and Mexican companies
The LIE distinguishes three kinds of acquirer, and the treatment of each one determines how your transaction is structured:
- Foreign individuals, who inside the restricted zone access residential property through a fideicomiso (LIE, articles 11 and 12).
- Foreign legal entities — a US LLC, a Canadian corporation, a UK limited company — which receive the same treatment: a fideicomiso inside the restricted zone.
- Mexican companies with a foreigner-admission clause, that is, entities incorporated in Mexico whose shareholders or partners may be foreign. These may acquire direct dominion over restricted-zone real estate intended for non-residential activities, notifying the SRE within sixty business days of the acquisition; for residential purposes they too need a fideicomiso (LIE, article 10, sections I and II).
This framework explains why the first serious conversation with an advisor is not about which building you like, but about what you intend to do with the property: live in it, holiday in it, rent it seasonally, run a business or develop. The answer determines the vehicle, the recurring costs and the tax treatment.
The restricted zone: why the whole Quintana Roo coast is inside it
The LIE defines the restricted zone as the strip of national territory one hundred kilometres wide along the borders and fifty kilometres along the coastlines (article 2, section VI). Quintana Roo is coastal from north to south and also borders Belize; Cancun, Puerto Morelos, Playa del Carmen, Puerto Aventuras, Akumal and Tulum sit literally on the Caribbean Sea. There is not one condo, house or lot in the urban areas of these cities that falls outside the strip. If someone offers you a property “outside the restricted zone” in the Riviera Maya, that claim deserves an immediate check on a map, because it is almost always false.
The practical consequence is simple: in the Mexican Caribbean a foreign buyer will almost always choose between a fideicomiso and a Mexican corporation. Direct purchase in your own name with an SRE permit (LIE, article 10 A) does exist, but it applies to properties in municipalities wholly or partly outside the strip — inland cities such as Mérida, Guadalajara or San Miguel de Allende — not to the Quintana Roo coastline.
What a foreigner can actually do inside the restricted zone
It is worth dismantling a persistent myth: the fideicomiso is not “second-class ownership”, and it is not a lease. The LIE defines the utilisation and exploitation of restricted-zone real estate as the rights to use or enjoy it, including obtaining fruits, products and, generally, any yield resulting from its profitable operation and exploitation, whether through third parties or through the trustee institution (article 12). Translated: you may live in the property, rent it on vacation platforms or long term, remodel it, sell it whenever you wish at whatever price the market pays, leave it to substitute beneficiaries and pledge it as collateral. The limits are the same ones any Mexican owner faces: the condominium rules, municipal land use, environmental regulation and tax law.
For a deeper look at the mechanism we have written a dedicated guide to the fideicomiso bank trust for foreign buyers. Here we keep to what you need in order to decide.
The fideicomiso: how the standard vehicle works
The fideicomiso is a figure regulated by the Ley General de Títulos y Operaciones de Crédito: by virtue of the trust, the settlor transfers to a trustee institution the ownership or title of one or more assets or rights, to be applied to lawful and determined purposes (article 381). In a foreign purchase, three parties take part:
- Fideicomitente (settlor): the seller, who transfers the property to the bank.
- Fiduciario (trustee): an authorised Mexican credit institution, which appears as registered titleholder and administers the trust estate according to the instructions in the trust agreement.
- Fideicomisario (beneficiary): you, the foreign buyer, holder of all rights of use, enjoyment, exploitation and disposal, and the party who names substitute beneficiaries in case of death.
The bank can do nothing with the property without your instruction, cannot pledge it against its own debts, and takes no share of appreciation or rental income. Its role is formal and administrative, and it charges fees for performing it.
Term, renewal and succession
The maximum term is fifty years, renewable at the interested party’s request (LIE, article 13). When you sell to another foreigner, the buyer will usually either set up a new trust or be substituted as beneficiary in the existing one; if you sell to a Mexican, the trust is extinguished and the property passes into the new owner’s direct dominion. On the beneficiary’s death, the substitute beneficiaries named in the agreement acquire the rights without opening a probate proceeding over the property in Mexico — in practice one of the vehicle’s greatest advantages, and one that US and Canadian buyers in particular tend to underestimate until they compare it with cross-border probate. The Ley General de Títulos y Operaciones de Crédito does prohibit indefinite successive substitutions upon death (article 394, section II), so designations must be in favour of persons who are alive or already conceived.
The SRE permit and its deadlines
For the bank to acquire, as trustee, rights over a restricted-zone property, a permit from the Secretaría de Relaciones Exteriores is required (LIE, article 11). The trustee bank itself files the application through the SRE’s Directorate General of Legal Affairs, and the law sets short deadlines: five business days if filed at the central administrative unit, or thirty business days at the state delegations; once those elapse without a resolution, the application is deemed approved (LIE, article 14). In practice the total elapsed time depends far more on the bank’s workload and on assembling the file (passport, proof of address, property details, appraisal) than on the SRE. The ministry also publishes an open dataset of permits granted, which is useful for verifying that an existing fideicomiso is real when you are buying from another foreigner.
Official fees and bank fees
The federal duty for the permit is set out in article 25 of the Ley Federal de Derechos, which governs the fees for SRE permits under article 27 of the Constitution, including the constitution of the trust and subsequent filings on the same trust (for example, when the beneficiary or the trustee changes). It is a flat fee, independent of the property value, updated each year for inflation like every other federal duty; the SRE’s own procedure sheet refers to “article 25 of the Ley Federal de Derechos in force” and requires electronic payment at a certified bank before the application is filed. Because the figure changes every fiscal year, we do not reproduce it here: ask your notario or the trustee bank for it as a separate line in the closing estimate and compare it with the fee the SRE publishes in its costs-and-timings section. In any event it is a minor item next to the ISAI and the notary fees.
Bank fees are not regulated and vary between institutions: there is a fee for reviewing and accepting the business, a constitution fee payable at closing, and an annual administration fee. As an illustrative example, many Riviera Maya buyers budget the constitution at the equivalent of a few hundred to a few thousand US dollars and the annual fee at several hundred dollars, but the actual quote depends on the bank, the property value and whether a new agreement is opened or an existing one is substituted. Get at least two quotes; the banks with the largest trust operations in Quintana Roo tend to have faster processes and staff used to foreign buyers who are not physically in the country.
Mexican corporation: when buying through a company makes sense
A Mexican company — typically an S.A. de C.V. or an S. de R.L. de C.V. incorporated under the General Law of Commercial Companies — with a foreigner-admission clause may own restricted-zone property directly when it is intended for non-residential activities, notifying the SRE within sixty business days of acquisition (LIE, article 10, section I). The decisive qualifier is “non-residential”: if the purpose is to live in the property, the law requires a fideicomiso even when the acquirer is a company (article 10, section II, and article 11, section I).
When is it justified? When the project is a business: a small hotel in Tulum, several units run as a vacation-rental operation, a retail unit on Fifth Avenue in Playa del Carmen, a lot for development. The company allows you to deduct expenses, hire staff, issue invoices and add properties without multiplying trusts. In exchange, a Mexican taxpayer is born: it must register with the Registro Federal de Contribuyentes, file returns periodically, keep electronic accounting records and meet corporate obligations, with the recurring cost of an accountant. Buying a single condo for personal use through a company almost never pays: the administrative burden exceeds the trust fees you save.
The full comparison — costs, taxation on rental income and on sale, and what happens when shares in the company are inherited — is in our guide on the restricted zone and the Mexican corporation route. The quick rule: one home, a fideicomiso; a property business, a company; both, the two structures side by side.
Buying as a couple, with family, or through a foreign entity
Three situations come up again and again in Riviera Maya notary offices, and they are best resolved before the promise agreement is signed.
Marriage and matrimonial property regime. If you are married, the notario will ask under which regime. Under community of property — sociedad conyugal, or its equivalent in your home jurisdiction, such as Ontario’s or England’s matrimonial property rules as evidenced by your documents — the spouse is a co-owner and normally must appear or consent; under separation of property, the person who signs is the buyer. An apostilled marriage certificate with a certified translation by a court-registered translator is usually required. Deciding at the outset whether the fideicomiso will have one or two beneficiaries avoids having to redraft instruments later.
Children and heirs. The fideicomiso lets you designate substitute beneficiaries and the order of substitution; functionally it is estate planning for that property. Even so, if you hold assets in several countries, your foreign will and the trust must be consistent with each other, and a Mexican will can be useful for assets outside the trust (furniture, local bank accounts, a vehicle). A US or UK will that purports to devise the Mexican property without regard to the trust designations creates exactly the conflict the fideicomiso is designed to avoid.
A foreign LLC or company as buyer. This is possible, and some families do it for tax or liability reasons in their home country. The trust is set up with the foreign entity as beneficiary; the bank will require apostilled corporate documents, identification of the ultimate beneficial owners, and powers of attorney. Before choosing this route, check with your home-country accountant how the Mexican trust is treated, because some jurisdictions require specific information returns on foreign trusts and the penalties for missing them are expensive. US buyers in particular should raise the question early rather than after closing.
The process step by step: from search to recorded deed
The sequence below is the one we use in real transactions in Solidaridad, Tulum and Benito Juárez. Timings vary, but a clean resale usually closes within weeks to a few months from offer acceptance; a pre-construction purchase follows the developer’s construction calendar.
1. Define use, total budget and area
Before viewing properties, settle three things: the use (primary home, second home, rental), the total budget including closing costs and legal structure (not just the price), and the area. The choice of area in Quintana Roo drives price, liquidity and tenant profile: a condo in Playacar is a different asset from one in La Veleta or Puerto Cancún. You can explore current inventory in our catalogue of Riviera Maya properties for sale and filter by city, type and price range.
2. Offer and letter of intent
In a resale, the buyer submits a written offer or letter of intent setting out price, payment structure, the deadline for signing the promise agreement, what is included (furniture, parking space, storage unit) and the conditions precedent: satisfactory due diligence, issuance of the SRE permit, acceptance by the trustee bank. This letter does not transfer ownership and does not usually require a deposit, but it frames the negotiation. Ask the seller to produce at this stage, at least as plain copies, the current deed and the latest predial receipt (predial is the annual municipal property tax): it saves weeks if something does not add up.
3. Promise agreement and deposit
The Civil Code for the State of Quintana Roo regulates the contrato de promesa (promise or preliminary agreement) as the obligation to enter into a future contract, following the general rule of Mexican civil law: to be binding it must be in writing, contain the essential elements of the definitive contract — identified property, price and payment terms — and set a deadline for performance. In practice it is the document that fixes the closing deadline, the amount and destination of the deposit (normally in an escrow account or held by the notary, never in the seller’s personal account), penalties for each party’s breach, and the conditions for returning the deposit. It should be drafted or reviewed by your lawyer, not the seller’s and not the developer’s. If the promising seller later refuses to sign the deed, Mexican civil law allows you to seek a court order compelling execution, with the judge signing in the defaulting party’s stead — but nobody wants to end up there: the quality of the promise agreement is your best insurance. Ask your lawyer to cite the applicable articles of the State Civil Code, whose text in force is published by the Congress of Quintana Roo, in the contract itself.
On the deposit, one golden rule: a payment on account of the price is not refundable by default. If you want it back when due diligence fails or the bank declines the trust, the contract must say so clearly and the money must sit with a neutral third party until closing. This is the single largest gap between what North American and British buyers assume from their home markets and what Mexican practice actually delivers.
4. Due diligence: title, liens, predial, condominium, ejido and ZOFEMAT
This is the phase that separates a calm purchase from a problem that lasts years. At a minimum:
- Title and chain of ownership: the seller’s current deed recorded at the Public Registry of Property and Commerce of the State of Quintana Roo; the notario requests a certificate of freedom from or existence of encumbrances showing the titleholder, charges and current entries.
- Seller’s identity and capacity: that whoever signs is the registered titleholder or an attorney-in-fact with a valid power; if the seller is a foreigner with a fideicomiso, the trustee bank must appear; if a company, review the articles of incorporation, the powers granted and whether the corporate purpose allows disposal of assets.
- Predial and utilities: a certificate of no outstanding property tax from the municipal treasury, plus water, electricity (CFE) and, where applicable, gas receipts.
- Cadastral record and appraisal: the State Cadastre Law and the municipal revenue laws require up-to-date cadastral values; an appraisal by a registered valuer will be the base for the acquisition tax if it exceeds the price.
- Condominium regime: the deed constituting the regime, the by-laws, recent assembly minutes, the seller’s statement of maintenance-fee account and the reserve fund. The Ley de Propiedad en Condominio de Inmuebles del Estado de Quintana Roo governs owners’ rights and duties; a seller’s arrears become your problem if they are not cleared before closing.
- Land use and permits: a municipal land-use certificate compatible with what you plan (residence, vacation rental, retail) and construction and completion permits if the building is recent.
- Ejido origin: much of the Riviera Maya’s land was once ejido, land held communally under Mexico’s agrarian reform. The Ley Agraria allows parcels to convert to full dominion and be recorded at the Public Registry through a title issued by the National Agrarian Registry; once the agrarian entry is cancelled the land ceases to be ejidal and becomes subject to ordinary civil law (articles 81 and 82). Without that title, an ejido “assignment of rights contract” gives you no ownership and cannot be placed in a fideicomiso.
- Federal maritime-terrestrial zone: on the beachfront, the twenty-metre strip of firm, passable land contiguous to the beach is federal (Ley General de Bienes Nacionales, article 119) — the ZOFEMAT, zona federal marítimo terrestre — and can only be used under a concession processed through SEMARNAT; verify where private property ends and who holds the concession.
- Environmental: mangrove, wetlands and cenotes enjoy federal protection; a structure built over them can be shut down no matter how many times it has been sold.
The full methodology for reading a deed, interpreting a Registry certificate and spotting red flags in the chain of title is in our guide to title due diligence and the Public Registry in Quintana Roo.
5. The notario público in Quintana Roo
In Mexico the notario is not a signature witness. They are a legal professional vested with public faith, holding a state-granted notarial office under the Ley del Notariado para el Estado de Quintana Roo, who drafts the deed, verifies the legality of the act, calculates and withholds taxes and files for registration. They are personally liable for errors in the instrument. Two practical consequences follow: the buyer chooses the notario (and pays their fees), and there is no reason to accept the developer’s in-house notario without at least a second opinion. The State Civil Code governs the form of a purchase agreement and requires that sales of real estate be executed in a public deed except for transactions of very low value, so in practice any market-priced property in the Riviera Maya is deeded before a notario; a private contract, however well drafted, neither transfers title to real estate nor can be recorded at the Public Registry.
The notario also coordinates with the trustee bank and the SRE and, on signing day, brings together the seller, the bank’s trust officer and the buyer or their attorney-in-fact. The details of this phase, including the reading of the deed and the withholdings you will see on the notary’s statement of account, are covered in our guide on the notary process and closing in Quintana Roo.
6. Signing the deed and paying the price
On closing day you sign the public deed which, in the most common structure, contains both the sale from the seller to the trustee bank and the constitution of the fideicomiso in your favour. The price is paid against signature by electronic transfer — the law prohibits cash above the threshold discussed below — either directly to the seller, through the escrow account or through the notary. If the seller is a non-resident, the notario calculates and withholds the income tax due. At that moment you should receive a plain copy of the signed deed and a receipt from the notary for the expenses and taxes handed over.
7. Recording at the Public Registry of Property and Commerce
After signature, the notario pays the acquisition tax at the municipal treasury, obtains the corresponding certificate and files the deed testimony with the Public Registry of Property and Commerce of the State of Quintana Roo, headquartered in Chetumal with delegations in the municipalities. Registration is what makes your right enforceable against third parties: until then, a creditor of the seller or a bad-faith second buyer could create conflict. Recording times vary with each delegation’s workload; ask the notario to follow up and, at the end, to deliver the testimony with the registry slip and the registration entry. That document, together with the trust agreement, is your title.
8. After closing
Transfer the predial into your name (or the trust’s) at the municipal cadastre, along with the water and electricity contracts, and notify the condominium administration. Obtain your RFC if you are going to rent or reside. Keep the appraisals, the renovation invoices with a CFDI (Mexico’s official electronic invoice) and the predial payment receipts: when you sell, every deductible peso reduces your income tax.
Indicative timeline: who does what
| Phase | Primary responsibility | Document you should end up holding |
|---|---|---|
| Offer and letter of intent | Buyer and agent | Written accepted offer |
| Promise agreement | Buyer’s lawyer | Signed promise plus proof of deposit in escrow or with the notary |
| Due diligence | Notario and lawyer | Lien certificate, no-arrears certificates, condominium and land-use certificates |
| SRE permit and trust acceptance | Trustee bank | SRE permit and the bank’s acceptance letter |
| Appraisal | Registered valuer or bank | Current appraisal within the validity period the municipal revenue law requires |
| Deed signing | Notario | Signed plain copy and receipt for expenses |
| ISAI payment and recording | Notario | ISAI payment certificate and recorded testimony |
| Post-closing | Buyer | Predial and utilities in your name, RFC if applicable |
Closing costs in Quintana Roo: what you pay and to whom
Closing costs in Mexico fall overwhelmingly on the buyer and are paid through the notary. The line items are always the same; the official figures vary by municipality.
ISAI, the real estate acquisition tax
ISAI is municipal, and each town hall regulates it in its Ley de Hacienda (revenue law), approved by the State Congress, which amends it almost every December alongside the following year’s revenue acts. That is why the rate must always be read in the text currently in force, not in the figure an agent remembers. The position at the time of writing is as follows:
| Municipality (city) | ISAI rate | Regulatory situation |
|---|---|---|
| Benito Juárez (Cancun) | 3% | Rate stable for years, since it rose from 2% to 3%; Ley de Hacienda del Municipio de Benito Juárez, latest amendment published 10 December 2025 |
| Tulum | 4% | Ley de Hacienda del Municipio de Tulum, latest amendment published 10 December 2025 |
| Solidaridad (Playa del Carmen) | 3% through 2025; 4% reported since the December 2025 amendment | Ley de Hacienda del Municipio de Solidaridad, amended by Decree 167 (State Official Gazette, 10 December 2025); confirm the rate applicable on your signing date |
A note on names, because it confuses many buyers: the State Congress still publishes the statute as the Ley de Hacienda del Municipio de Solidaridad, while the town hall, which now brands itself the Government of Playa del Carmen, cites it in its procedure sheets as the Ley de Hacienda del Municipio de Playa del Carmen. It is the same body of law; the tax is paid at the Municipal Treasury, through the notario, within the period the law sets after signature.
In all three municipalities the base is the highest of the agreed price, the cadastral value and the appraisal performed by an authorised valuer or a bank, subject to the maximum validity period each law requires for the appraisal. The practical lesson: do not expect a deed price below the real one to reduce your tax. Besides being illegal, the appraisal neutralises it, and it damages your tax cost basis when you sell. A second lesson: if your purchase closes near a year-end, ask the notario whether an amendment is in progress, because ISAI is settled at the rate in force on the date of the deed, not on the date of the promise agreement.
Notary fees, registry duties, appraisal and certificates
Notary fees are negotiated and normally scale with the value of the transaction; the duties for recording at the Public Registry and for issuing certificates are set by the Ley de Derechos del Estado de Quintana Roo; the appraisal is charged by the valuer or the bank; to all of this add lien certificates, no-arrears certificates, the cadastral record and filing services. In a purchase with a fideicomiso you also add the federal duty for the SRE permit (the Ley Federal de Derechos figure cited above) and the trustee bank’s review and constitution fees.
VAT (IVA)
The sale of land and of buildings used as dwellings is exempt from IVA, Mexico’s value added tax (Ley del Impuesto al Valor Agregado, article 9, sections I and II). Sales of commercial premises and offices do attract IVA, and the fees of the notary, the valuer, the agent and the bank carry IVA at the general rate. When a developer sells a residential condo, the price should not include IVA on the construction; if the project is marketed as a “condo-hotel” or as a hotel operation, the exemption may not apply, and that detail changes the effective price. Ask the question in writing.
An illustrative closing budget
To give a sense of scale, take a resale condo with a price and appraisal of 4,000,000 pesos, bought by a foreign individual through a fideicomiso. At an ISAI rate of 3% the tax would be 120,000 pesos; at 4%, 160,000 pesos. That line item is fixed by law, and the one-percentage-point difference explains why it is worth confirming the municipal rate before you make an offer. The remaining items are market figures, shown here only to illustrate the method of calculation: notary fees and filing expenses, registry duties, appraisal and certificates, the SRE duty and the bank’s opening fees. Added together, buyers typically budget a total closing cost that, expressed as a percentage of price, sits in the mid-to-high single digits; the exact number only comes from the notary’s quote with the appraisal in hand. Always request an itemised written estimate before signing the promise agreement. The complete analysis, line by line with its legal basis, is in our guide to closing costs, ISAI, notary fees and predial.
Taxes while you own and when you sell
Predial
Predial is the annual municipal property tax, calculated on the cadastral value. In Quintana Roo the amounts are low compared with the United States, Canada and the United Kingdom, and town halls usually offer discounts for early payment in the first months of the year. The paid receipt is also a document every buyer will ask you for when you eventually sell.
Rental income
If you rent the property, the income is taxable in Mexico regardless of the ownership structure. A non-resident individual is taxed under Title V of the Income Tax Law; a resident individual, under the leasing regime; a company, as a legal entity. Accommodation platforms apply withholdings, and the state and several municipalities have introduced lodging contributions. This is a subject that requires an accountant from month one, not from the first letter you receive from the SAT.
Income tax on sale: resident versus non-resident
This is the point that most surprises foreign owners. For a Mexican tax resident selling their primary residence, the Income Tax Law exempts the gain where the consideration does not exceed seven hundred thousand investment units (UDIS) and the transaction is executed before a public officer, with the excess taxed (article 93, section XIX, paragraph a), subject to additional conditions the notario verifies, such as evidencing that the property was genuinely their home and declaring under oath that they have not claimed the same exemption on another dwelling in the three immediately preceding years.
For a non-resident selling property in Mexico, the source of wealth is located in the country and the tax is determined, as a general rule, by applying 25% to the total income obtained with no deductions whatsoever. Alternatively, if the seller has a legal representative in Mexico meeting the law’s requirements and the transaction is executed in a public deed, they may elect to pay on the net gain at the top rate of the article 152 tariff, computing the gain with the deductions of Chapter IV of Title IV — the indexed acquisition cost, documented improvements and notarial expenses (article 160). The notario calculates and remits this tax under their own liability. That is precisely why it matters so much to deed at the real value, to keep improvement invoices with a CFDI, and, for those who live here, to regularise tax residency before selling.
Financing: the realistic options for foreign buyers
Most foreign purchases in the Riviera Maya close in cash, and there is a structural reason: Mexican banks offer mortgages to foreigners almost exclusively when they can evidence legal residency in the country, verifiable Mexican income and a local credit history — conditions the typical cross-border buyer does not meet. The four realistic alternatives are:
- Developer financing in pre-construction: payment plans during construction (a down payment plus instalments until delivery) and, in some projects, a short-term balance financed after handover. This is the most common route, but it turns the buyer into an unsecured creditor of the developer for the duration of construction.
- Cross-border lenders specialising in US and Canadian buyers, at rates above those of their home countries and secured against the trust rights.
- Home-country credit secured against assets there — a home equity line of credit in the US or Canada, a remortgage or further advance in the UK — paying cash in Mexico.
- A Mexican bank mortgage once residency is obtained and a credit history built, which is more viable for people who already live here.
Any debt in pesos or dollars introduces exchange-rate risk on an asset whose market typically quotes in dollars but whose taxes and running costs are paid in pesos — a currency mismatch that bites hardest for British buyers earning in sterling. Our guide to mortgages and financing for foreigners in Mexico compares requirements, terms and costs for each route.
Documents, RFC, CURP and anti-money-laundering rules
What you will be asked for
For a foreign individual: a valid passport, an immigration document if you have one (visa, resident card or the entry record as a visitor), proof of address, details of the trust’s substitute beneficiaries (name, nationality, date of birth) and, under anti-money-laundering rules, information on the source of funds. Marital status and matrimonial regime matter, as we saw. If you sign through an attorney-in-fact, the power of attorney granted abroad must be apostilled or legalised, translated by a court-registered translator and protocolised in Mexico.
RFC and CURP
You do not need an RFC or a CURP to buy. The CURP (the national population registry number) is assigned to foreigners when they obtain residency; the RFC is the tax identification number issued by the SAT and is applied for by appointment at its offices. In notarial practice, a non-resident buyer without an RFC may appear on the deed under the generic key the SAT provides for foreigners, but if you plan to rent, to sell electing to be taxed on the net gain, or to reside here, you will need your own RFC. Many buyers apply for one shortly after closing, once they have a Mexican address to evidence.
Immigration residency
Buying grants no residency and requires none. Anyone planning to live in Quintana Roo must apply for temporary or permanent residency before the Instituto Nacional de Migración, normally starting the process at a Mexican consulate in their home country. Owning property in Mexico may be one of the elements consulates weigh within the economic solvency criteria, but the criteria and thresholds are set by immigration rules and applied consulate by consulate; verify before relying on it.
Anti-money-laundering: cash, reports and why you are asked so many questions
The Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita (LFPIORPI) classifies real estate development and brokerage as vulnerable activities (article 17, section V), as well as the notarial public faith exercised over the transfer or constitution of real property rights (section XII). That obliges agents, developers and notaries to identify you, establish the source of funds and file reports with the authority when the transaction reaches the thresholds the law expresses in multiples of the Unidad de Medida y Actualización (UMA), Mexico’s official reference unit. Following the amendment published in the Official Gazette of the Federation on 16 July 2025, the notarial report for transfers of real property rights applies from eight thousand times the daily UMA; brokers and developers have their own reporting threshold under section V, also expressed in UMA. The same law prohibits settling the constitution or transfer of real property rights with coins and banknotes where the value equals or exceeds eight thousand and twenty-five times the daily UMA (article 32, section I). The UMA value is published annually by INEGI, and the SAT maintains an up-to-date table of identification and reporting thresholds by activity on its anti-money-laundering portal. In practical terms, any home purchase in the Riviera Maya comfortably exceeds that limit and must be paid by documented bank transfer. Prepare the traceability of your funds in advance — statements, the sale of another asset, an inheritance — because the receiving bank in Mexico will demand it too, and a transfer that arrives without a clean paper trail can sit frozen while a closing date passes.
City by city: Playa del Carmen, Tulum and Cancun
The three cities share a legal framework but not a market. What follows is what actually changes when a foreigner buys in each one.
Playa del Carmen (municipality of Solidaridad)
This is the most balanced market in the Riviera Maya for a foreign buyer: a deep supply of resale and pre-construction condos for sale in Playa del Carmen, a city with a life of its own twelve months a year, consolidated services, and rental demand that blends vacation and residential tenants. The areas read as bands: Centro and Fifth Avenue (high density, maximum vacation rental, noise), Playacar Phases I and II (a planned community with golf and beach access), Zazil-Ha and the northern stretch towards Punta Esmeralda, the Colosio and Gonzalo Guerrero neighbourhoods (residential and in transition), the Ejidal area (local market) and the northern developments such as Corasol and the corridor towards Mayakoba. The Tren Maya station and Cancun airport in under an hour add connectivity.
Points to watch: verify the condominium regime and the building’s short-term rental rules; downtown, check land use and the operating permits of the ground-floor businesses; in the north, confirm that water and drainage are connected to the network rather than running on a “provisional solution”. Current inventory sits in our Playa del Carmen hub.
Tulum
Tulum is the market with the most upside and the widest dispersion of risk. The town grew fast on land of ejido origin, with a coastal strip between the pueblo and the Sian Ka’an reserve where sound titles, federal-zone concessions and long-running litigation coexist. The consolidated urban areas for foreign buyers are Aldea Zamá (planned, with underground infrastructure), La Veleta (bohemian, with constant construction), Región 15 and Región 8 (condo expansion south and towards the beach), Tulum Centro, and communities such as Tulum Country Club to the north. Felipe Carrillo Puerto International Airport, operating since 1 December 2023, and the Tren Maya station changed accessibility.
Points to watch: insist on a recorded full-dominion title, never an ejido assignment; on the coast, insist on seeing the ZOFEMAT concession and the boundary survey; check the condominium’s water source and wastewater treatment, because Tulum has no general sewer network; and in pre-construction, bear in mind that the 4% ISAI and the sheer number of projects raise the bar for developer due diligence. See the inventory in the Tulum hub.
Cancun (municipality of Benito Juárez)
Cancun is the big city: an international airport with the best connectivity in the southeast, hospitals, universities, shopping centres and a deep residential market. For foreigners, the typical areas are the Hotel Zone along Kukulcán Boulevard (condos facing the lagoon or the sea, intense vacation use), Puerto Cancún (marina, golf and high-end towers next to downtown), Puerto Juárez and the corridor towards Isla Mujeres, the downtown organised into supermanzanas (a local market with solid long-term rent), the residential areas along the Huayacán avenue corridor such as Residencial Cumbres or Lagos del Sol, and gated communities inside the Hotel Zone itself such as Isla Dorada. To the north, Costa Mujeres already belongs to the municipality of Isla Mujeres, with its own municipal revenue law.
Points to watch: in the Hotel Zone, distinguish between properties held in private ownership and those resting on federal concessions; in new towers, review the financial health of the condominium regime and the real cost of maintaining the amenities; in pre-construction, confirm valid construction permits and that the contract is registered with PROFECO. You will find inventory in the Cancun hub.
Buying pre-construction: rules that apply in all three municipalities
The Federal Consumer Protection Law subjects subdividers, builders and developers selling homes to the public to its regime, requires them to register their contracts with PROFECO (article 73), obliges them to make the full executive project, the scale model and the documents evidencing ownership of the land available to the buyer (article 73 BIS), and sets minimum warranties of five years on structural matters, three on waterproofing and one on all other elements, counted from actual delivery (article 73 QUÁTER). Before signing a pre-construction contract, also verify that the land is deeded in the developer’s name or held in a development trust, that a valid construction permit exists, how your payments are protected during construction, and what penalty the developer really bears for delay. A serious developer answers these questions with documents; one who answers with renders is not answering.
Common mistakes by foreign buyers, and how to avoid them
- Confusing price with total cost. Budget ISAI, notary, registry, appraisal, SRE and bank from the first number you consider; in Tulum plan on 4%, and in Playa del Carmen, after the December 2025 amendment, budget 4% too until the notario confirms the rate.
- Paying deposits into personal accounts. Use escrow, the notary’s account, or staged payments against verifiable milestones. A payment on account is not a refundable deposit unless the contract says so.
- Accepting ejido assignments or “possession”. Without a recorded full-dominion title there is no property to place in a trust. No discount compensates for that risk.
- Not reading the condominium regime. Short-term rental bans, special assessments already voted, an empty reserve fund or an administrator who does not produce accounts are problems you buy along with the condo.
- Deeding below the real value. It is illegal, the appraisal neutralises it for ISAI purposes, and it multiplies your income tax on sale.
- Leaving the trust’s substitute beneficiaries out of date. Review them after every family change; it is the difference between an administrative transfer and an international probate.
- Ignoring home-country taxation. The United States, Canada and the United Kingdom tax worldwide income, and the Mexican trust and rental income may trigger specific reporting obligations at home. Have your local accountant coordinate with a Mexican one.
- Going without independent advice. A notario you chose, a lawyer who answers to you, and an agent who works for you rather than for the other side.
- Underestimating humidity and maintenance. The tropical climate punishes waterproofing, air conditioning and joinery; the statutory warranty helps, but a technical inspection before closing saves money.
- Buying without visiting in low season. Noise, mobility, sargassum, heat and real rental occupancy are understood in September, not in March.
Frequently asked questions
Can a foreigner buy a house or a condo in Playa del Carmen, Tulum or Cancun?
Yes. The Constitution allows foreigners to acquire real estate in Mexico provided they agree before the Secretaría de Relaciones Exteriores to be considered nationals with respect to those assets. Because the entire Quintana Roo coast lies within the restricted zone, a home purchase is carried out through a fideicomiso, which confers use, enjoyment, exploitation, rental, sale and inheritance rights. For non-residential property, a Mexican company with a foreigner-admission clause may buy direct dominion.
What exactly is the restricted zone?
The strip of one hundred kilometres along the borders and fifty along the coastlines in which foreigners may not acquire direct dominion over land and water (Constitution, article 27, section I, and Foreign Investment Law, article 2, section VI). Cancun, Puerto Morelos, Playa del Carmen, Puerto Aventuras, Akumal, Tulum and the Riviera Maya as a whole lie entirely within it.
Is the fideicomiso really mine? Can I rent, sell or leave the property to my heirs?
The bank is the formal titleholder, but you as beneficiary hold every economic right: to live in it, rent it (the LIE expressly includes obtaining fruits and yields, article 12), remodel it, sell it and mortgage it. You designate substitute beneficiaries who receive the rights on your death without probate in Mexico. The term runs up to fifty years and is renewable.
Do I need Mexican residency, an RFC or a CURP to buy?
No. None of the three is a requirement to acquire. The RFC becomes necessary in practice if you plan to rent, to reside, or to sell electing to be taxed on the net gain; the CURP arrives with residency. Many buyers apply for the RFC in the weeks after closing.
How much is the acquisition tax in each city?
It depends on the municipality and on the text of its revenue law in force: 3% in Benito Juárez (Cancun) and 4% in Tulum. In Solidaridad (Playa del Carmen) the rate was 3% through 2025; its Ley de Hacienda was amended by Decree 167, published on 10 December 2025, and industry sources have reported 4% since then, so it is prudent to budget 4% and confirm the applicable rate with the notario before signing. The base is the highest of the agreed price, the cadastral value and a current valuer’s or bank appraisal. To that, add notary fees, registry duties, the appraisal, the SRE duty and the trustee bank’s fees.
Can I pay for the property in cash?
Not above the legal threshold. The LFPIORPI prohibits settling the constitution or transfer of real property rights with coins and banknotes where the value equals or exceeds eight thousand and twenty-five times the daily UMA (article 32, section I). Any market-priced home in the Riviera Maya exceeds that limit; payment is made by documented bank transfer, and the notario, the agent and the bank will all ask you to evidence the source of funds.
What tax do I pay on sale if I am not a Mexican tax resident?
As a general rule, 25% of the gross proceeds with no deductions. If you appoint a legal representative in Mexico who meets the law’s requirements and the sale is executed in a public deed, you may elect to be taxed on the net gain at the top rate of the individual tariff (Income Tax Law, article 160). The notario calculates and remits the tax. Keeping appraisals, improvement invoices with a CFDI and payment records is what makes the second option viable.
How long does a resale purchase with a fideicomiso take?
A clean transaction usually closes within weeks to a few months from offer acceptance. The SRE must resolve the permit within five business days if filed at its central office or thirty at the delegations, and it is deemed approved if the ministry does not respond (LIE, article 14); real timing is set by the bank assembling the file, the due diligence and the notary’s calendar. Pre-construction purchases follow the developer’s construction schedule.
Your next step
If you are weighing a purchase in Playa del Carmen, Tulum or Cancun, the correct order is this: define your use and your total budget, choose the legal structure with an advisor who knows all three cities, visit in person, demand documents before paying a single deposit, and choose your own notario. With that discipline, buying real estate in Quintana Roo as a foreigner is an orderly, predictable and well-regulated process. Without it, it becomes the source of nearly every story you will have read on the expat forums. Our team accompanies international buyers through each of these steps; when you are ready, review the available inventory and talk to us.
Frequently asked questions
Can a foreigner buy a house or a condo in Playa del Carmen, Tulum or Cancun?
Yes. The Mexican Constitution allows foreigners to acquire real estate provided they agree before the Ministry of Foreign Affairs (SRE) to be treated as Mexican nationals with respect to those assets. Because the entire Quintana Roo coast sits inside the restricted zone (50 km from the shoreline), a residential purchase is made through a fideicomiso, a bank trust that carries full rights to use, rent, sell and pass on the property.
What exactly is the restricted zone?
It is the strip of 100 km along Mexico's land borders and 50 km along its coastlines where foreigners may not hold direct dominion over land and water (Constitution, article 27, section I, and Foreign Investment Law, article 2). Cancun, Playa del Carmen, Tulum and the whole Riviera Maya fall entirely within it.
Is the fideicomiso really mine? Can I rent, sell or leave the property to my heirs?
The trustee bank is the formal titleholder, but you as beneficiary hold the use, enjoyment and exploitation of the property, including collecting rent (Foreign Investment Law, art. 12), and you may sell, remodel, mortgage and name substitute beneficiaries who inherit without a Mexican probate proceeding. The trust runs up to 50 years and is renewable.
Do I need Mexican residency, an RFC or a CURP to buy?
No. Buying requires none of the three. In practice an RFC (Mexican tax ID) becomes necessary if you intend to rent the property, live in Mexico, or sell electing to be taxed on the net gain, which is why many buyers apply for one shortly after closing.
How much is the acquisition tax (ISAI) in each city?
It depends on the municipality: 3% in Benito Juarez (Cancun) and 4% in Tulum under their respective revenue laws. In Solidaridad (Playa del Carmen) the rate was 3% through 2025; its Ley de Hacienda was amended by Decree 167, published on 10 December 2025, and industry sources have reported 4% since then, so budget 4% and confirm the rate in force with your notario. The taxable base is always the highest of price, cadastral value and appraisal.
Can I pay for the property in cash?
Not above the legal threshold. Mexico's anti-money-laundering law (LFPIORPI) prohibits paying for the transfer of real property rights with coins and banknotes when the value equals or exceeds 8,025 times the daily UMA (art. 32). Any market-priced home in the Riviera Maya is far above that limit and must be paid by documented transfer.
What tax do I pay on sale if I am not a Mexican tax resident?
As a general rule, 25% of the gross proceeds with no deductions; with a qualifying legal representative in Mexico and a public deed you may instead elect to pay on the net gain at the top rate of the individual tax table (Income Tax Law, art. 160). The notario calculates and remits the tax.
How long does a resale purchase with a fideicomiso take?
A clean transaction usually closes within weeks to a few months from offer acceptance. The SRE must resolve the trust permit in 5 business days (central office) or 30 (state delegations); real-world timing depends on the bank, the due diligence and the notary's calendar.
Sources and references
Links to the laws, regulations and official bodies cited in this guide.
- Constitución Política de los Estados Unidos Mexicanos, artículo 27, fracción I — Cámara de Diputados
- Ley de Inversión Extranjera, artículos 2, 10, 10 A y 11 a 14 — Cámara de Diputados
- Ley General de Títulos y Operaciones de Crédito, artículos 381 a 394 (fideicomiso) — Cámara de Diputados
- Ley Federal de Derechos, artículo 25 (permisos de la SRE para fideicomisos) — Cámara de Diputados
- Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita, artículos 17 y 32 (reforma DOF 16 de julio de 2025) — Cámara de Diputados
- Umbrales de identificación y aviso por actividad vulnerable — Portal de Prevención de Lavado de Dinero — Servicio de Administración Tributaria
- Ley del Impuesto sobre la Renta, artículos 93 y 160 — Cámara de Diputados
- Ley del Impuesto al Valor Agregado, artículo 9 — Cámara de Diputados
- Ley General de Bienes Nacionales, artículo 119 (zona federal marítimo terrestre) — Cámara de Diputados
- Ley Agraria, artículos 81 y 82 (dominio pleno de parcelas ejidales) — Cámara de Diputados
- Ley Federal de Protección al Consumidor, artículos 73 a 73 Quáter — Cámara de Diputados
- Permiso para constitución de fideicomiso sobre inmuebles localizados dentro de la zona restringida — Secretaría de Relaciones Exteriores
- Permisos para la constitución de fideicomisos en zona restringida (datos abiertos) — Secretaría de Relaciones Exteriores / datos.gob.mx
- Código Civil para el Estado de Quintana Roo (texto vigente, junio de 2026) — Congreso del Estado de Quintana Roo
- Ley del Notariado para el Estado de Quintana Roo — Congreso del Estado de Quintana Roo
- Ley de Hacienda del Municipio de Solidaridad, del Estado de Quintana Roo (texto reformado por el Decreto 167, 10 de diciembre de 2025) — Congreso del Estado de Quintana Roo
- Ley de Hacienda del Municipio de Solidaridad: historial de reformas y decretos — Congreso del Estado de Quintana Roo
- Ley de Hacienda del Municipio de Tulum del Estado de Quintana Roo — Congreso del Estado de Quintana Roo
- Ley de Hacienda del Municipio de Benito Juárez del Estado de Quintana Roo — Congreso del Estado de Quintana Roo
- Ley de Propiedad en Condominio de Inmuebles del Estado de Quintana Roo — Congreso del Estado de Quintana Roo
- Reglamento del Registro Público de la Propiedad y del Comercio del Estado de Quintana Roo — Orden Jurídico Nacional (Secretaría de Gobernación)
- Registro Público de Contratos de Adhesión (consulta de contratos inscritos) — PROFECO
- Impuesto Sobre Adquisición de Bienes Inmuebles (ISABI), ficha del trámite MPDC-TM-DI-ISABI-012 — H. Ayuntamiento de Playa del Carmen (Solidaridad)
- Unidad de Medida y Actualización (UMA) — INEGI
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