EXPERT CONSULTANTS IN LANDSCAPE AND FRACTIONATION OF LANDS IN MEXICO

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How to subdivide plots of land? let us explain you the process

In Mexico we can define housing subdivision as the division of a terrain in plots with housing purposes. Many urban codes from various States in Mexico, define housing subdivision as the division of a terrain in plots and the construction of one or more streets to keep the plots communicated with each other and with a principal road that is not part of the terrains. Real Estate development, in the housing subdivision mode, is composed of a saleable area, streets that constitute 

public roads, and the legal transfer, free of charge, of the urban equipment surface. As we mentioned before, one of the elements of housing subdivision are the streets inside of it; these streets must be transferred, free of charge, in favor of the corresponding Municipality, this said, the streets inside the housing subdivision will have the character of public roads. In addition, the Municipality can grant the construction license, surveillance booths installation and access controls to new 

housing subdivisions. Nevertheless, housing subdivisions aren’t able to limit or impede the populations’ free access or to any administrative or judicial authority; in case there is an impediment to anybody, it will be reason enough to revoke the license granted. The subdividing process is specified in the Urban Code, and its principal requirement is to have a construction license. The process to goes as follows:

  • Request and obtain the urban compatibility card issued by the Municipality in order to verify the viability of basic services and the firemen, civil protection and transit permits. The elements mentioned before need to be approved by SEDUVI or the environmental government subdivision
  • Land use change management
  • Project layout elaboration and presentation of the terrains that will be donated to the Municipality (it is usually 10%), roads area and names and the authority’s approval.
  • Request and acquisition of the water and electricity service
  • Hydraulic projects elaboration and approval, backed by authorized experts
  • Management and acquisition of urban construction permits

  • Urbanized construction sites and services execution
  • Plots sale authorization, so that the Real Estate developer can have the basic documents for an execution license, having at least 30% of the project fulfilled and having paid the corresponding rights and taxes.

  • Give notice to the Municipality of the urbanized construction sites to obtain a definite authorization of the housing subdivision

Additionally, the lots generated from the housing subdivision, may be edified as condominiums, only if the Real Estate developer establishes it like that in the technical studies made for the housing subdivision authorization

It is important for you to understand that if your project is contemplated as an open housing subdivision, every road, drain, light and other services you build in it will be donated to the Municipality so they can handle the maintenance of it.

If your project aims to be a closed housing subdivision (classed as property in condominium), the settlers will be charged a monthly fee for maintenance of the condominium.

The subdividing process is complex and depending on the Municipality administrative processes, it can be also quite a long and tedious process, even if we fulfill all the requirements. Our recommendation is for you to search for an expert counseling, like us, for you to have the necessary legal and technical tools to continue your process according a well-structured strategy to achieve your goals in the shortest time possible.

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Expert lawyers in plots and housing subdivisions

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