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Foreign buyers

Can foreigners buy a house on the Nayarit coast?

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The essentials in 30 seconds

Yes, but not as direct owner of the land. Mexico's Constitution (art. 27, sec. I) bars foreigners from direct ownership within 50 km of the coast. The route is a bank trust, or fideicomiso. A Mexican bank, with a permit from the foreign ministry (SRE), acts as trustee and you use the property for up to 50 years, renewable.

Legal texts quoted here are the versions published by Mexico's Chamber of Deputies, read on October 17, 2026. The English wording is ours; the Spanish text is the one that counts.

Can a foreigner own land outright on the Nayarit coast?

No. Article 27, section I, of Mexico's Constitution says foreigners may not acquire direct ownership of land and waters within 100 km of the borders and 50 km of the beaches. The Foreign Investment Law (art. 2, sec. VI) calls that strip the "restricted zone." Beach areas of Bahía de Banderas, such as Bucerias and Punta de Mita, fall inside the 50 km strip.

That does not mean foreigners cannot buy in Mexico. Outside the restricted zone, under article 10 A of the Foreign Investment Law, a foreigner files a written agreement with the foreign ministry (SRE) to be treated as a Mexican national regarding the property, and obtains a permit. Inside the restricted zone, the route is different: a bank trust, called a fideicomiso.

What is a fideicomiso in the restricted zone, and who is involved?

Under article 11 of the Foreign Investment Law, a Mexican bank may acquire rights over restricted-zone property as trustee, with an SRE permit, so that another person can use and benefit from it without creating real rights over it. Article 12 defines that use and benefit as rights to use or enjoy the property.

PartyWhat it doesSource
Settlor (fideicomitente)Transfers the asset to the trustee for a lawful, defined purposeGeneral Law of Credit Instruments and Operations, art. 381
Trustee (fiduciario)A Mexican bank authorized to act; needs an SRE permit in the restricted zoneForeign Investment Law, art. 11; General Law of Credit Instruments and Operations, art. 385
Beneficiary (fideicomisario)The foreign person, or a Mexican company without a foreigner-exclusion clause, who uses and benefits from the propertyForeign Investment Law, art. 11, secs. I and II

Who acts as settlor in a given purchase depends on the contract. Ask for that to be explained to you in writing before you sign.

How long does the trust last?

Article 13 of the Foreign Investment Law sets a maximum of 50 years, which can be extended at the interested party's request. The same article says the SRE may check at any time that the permit's conditions are being met.

Who gets the SRE permit, and how long does it take?

The bank does, not the buyer. The SRE agreement published in the DOF (Mexico's official gazette) on March 16, 2012 says the trust delegates of banks file the applications electronically, using the advanced electronic signature issued by the tax authority (SAT).

Article 14 of the Foreign Investment Law says the SRE must rule within 5 business days if the application goes to its central unit, or within 30 if it is filed at a state office. If it does not rule in that time, the application is deemed approved. The SRE's own page for this procedure also carries notices about processing times, so ask the bank and the notary what the current timeline is.

What are the steps in a purchase with a trust?

The bank and the notary set the exact order. In general:

  1. Check the property's legal status. According to its procedures page, Nayarit's Public Registry of Property issues certificates showing whether liens exist and a registry history; you need the property's folio real or registry reference to request them.
  2. Read the full trust contract. Under article 387 of the General Law of Credit Instruments and Operations, it must be in writing.
  3. The bank applies to the SRE for the permit (Foreign Investment Law, arts. 11 and 14).
  4. The deal is formalized before a notary. Article 1689 of the Nayarit Civil Code requires the sale of real estate to be recorded in a public deed (escritura pública).
  5. A trust over real estate is recorded in the Public Registry where the property sits, and it takes effect against third parties from the date of registration (General Law of Credit Instruments and Operations, art. 388).

What about Mexican companies and permanent residents?

A Mexican company with a foreigner-exclusion clause may acquire title to restricted-zone property only for non-residential activities, and must notify the SRE within 60 business days (Foreign Investment Law, art. 10, sec. I). For residential use, a company that admits foreign owners goes through the same trust (arts. 10, sec. II, and 11, sec. I).

Permanent residency does not change the coastal rule. Article 3 of the same law treats permanent residents' investment like Mexican investment, except what Titles One and Two regulate, and Title Two covers acquiring real estate and trusts.

What should you ask for before signing?

  • The full trust contract, with its term and renewal conditions.
  • A copy of the SRE permit, or proof that the bank applied for it.
  • A certificate from Nayarit's Public Registry of Property on the existence or absence of liens.
  • The deed and proof of registration at the Public Registry.
  • In writing, what the beneficiary can do with the right. The law does not settle this for you; the contract does.

What this guide does not cover

It does not cover bank fees, professional fees, taxes or immigration procedures. It does not explain ejido land (see our separate guide) or compare areas.

This guide is informational. It is not legal, tax or financial advice. Talk to a notary or lawyer you trust before you sign.

Frequently asked questions

Can a foreigner buy a house in Bucerias or Punta de Mita?

A foreigner can use and benefit from the property through a bank trust, but cannot hold direct title to land within 50 km of the coast (Constitution, art. 27, sec. I; Foreign Investment Law, art. 11).

How long does a fideicomiso in the restricted zone last?

Up to 50 years, and it can be extended at the interested party's request (Foreign Investment Law, art. 13).

Who applies for the permit from the Mexican foreign ministry?

The trustee bank applies, through its trust delegate and with the SAT advanced electronic signature. The buyer does not (SRE agreement, DOF of March 16, 2012).

Does permanent residency let me buy directly on the coast?

The Foreign Investment Law treats permanent residents like Mexican investors but excludes what its Titles One and Two regulate, which includes acquiring real estate (art. 3).

Sources

  1. Constitución Política de los Estados Unidos Mexicanos (Cámara de Diputados, current text) (opens in a new tab)accessed on
  2. Ley de Inversión Extranjera (Cámara de Diputados, last reform DOF 27-05-2024) (opens in a new tab)accessed on
  3. Ley General de Títulos y Operaciones de Crédito (Cámara de Diputados, last reform DOF 26-03-2024) (opens in a new tab)accessed on
  4. SRE agreement on trust permit applications in the restricted zone (DOF 16-03-2012) (opens in a new tab)accessed on
  5. SRE, permit to set up a trust in the restricted zone (opens in a new tab)accessed on
  6. Código Civil para el Estado de Nayarit (state congress, last amendment shown December 2, 2022) (opens in a new tab)accessed on
  7. Gobierno de Nayarit, procedure for copies and certificates (Public Registry of Property and Commerce) (opens in a new tab)accessed on

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