BajaNomad

We Now Have Title to Our Federal Zone

Gypsy Jan - 2-19-2011 at 02:07 AM

It has taken some years and some cash, but we picked up the title papers for the federal zone commission today.

Commercial establishments, like hotels, get a fast pass. Private homes, not so much.

What does this mean? We can remodel and expand on our property right out to the oceanfront, if we want.

The bank official who administrates our fideicomiso remarked that we had just increased the value of our property by "at least $250,000 U.S."

Cypress - 2-19-2011 at 05:51 AM

Congratulations!:D

Bob and Susan - 2-19-2011 at 06:51 AM

Quote:
Originally posted by Gypsy Jan

Commercial establishments, like hotels, get a fast pass. Private homes, not so much.

What does this mean? We can remodel and expand on our property right out to the oceanfront, if we want.

The bank official who administrates our fideicomiso remarked that we had just increased the value of our property by "at least $250,000 U.S."


are you sure you can build on your concession?
remember there are different types

our concession took 6 months to complete
remember you need to pay every 2 months at the governers office

value...suenoes...it is what it is:light:

congratulations you did the right thing

Pompano - 2-19-2011 at 07:25 AM

Gypsy Jan,

Been there, done that...congratulations for jumping through all the hoops in the crazy house of Baja permits.

I applied for the Zona Federal concessiion upteen years ago (cost only a pittance back then..maybe 5K US) and was granted permission to build anything..that would not impede pedestrian traffic.. One stipulation was okaying a thorough blueprint of contruction before work began.

For me, it was quite simple and easy. I only wanted to build a flagstone patio anyway...laja....just flat work. I had to draw plans and present them to the boys in the environment office. They liked my blueprints (I drew a few in my developing days) and granted me a building permit. I am very glad I saved that permit..as it was checked by many disbelieving Profepa officials over the ensueing years.

I didn't intent to impede anything anyway. I just wanted to keep somebody from building another latrine in the front yard ..like the mob did at an Easter Time Madness long ago ..which started all this concession business to begin with. :yes:

My advice is to ask - What can I build? And to what elevation? As far as added value goes?...well, it's something to throw into the pot at the end of the day. ;D

Yes, We Can Build Out

Gypsy Jan - 2-19-2011 at 12:33 PM

I am going to try to explain what was told to me and if I mess it up, it's my fault.

In the past, the local authorities handled the federal zone commission. A few years ago, this changed and SEMARNAT took over the administration of the concession.

People and businesses that had a concession under the old rules had a certain grace period to reapply. Those who did not, are in trouble. Maybe not today, maybe not tomorrow, but a reckoning is coming for those who are not on the list in the their offices.

We started our application a few years back with our lawyer, Sylvia. She filed the application in Mexico City, D.F. She died in a car accident and we rescued our paperwork from her successor. We continued the process on our own, which culminated in the delivery of the title yesterday.

We have architectural renderings for the remodeling and expansion of the house and the land-to-sea gain expansion of our cliff. All have been scrutinized and approved.

There is a difference in the way the law treats oceanfront structures on a 90-degree vertical rise as opposed to a sandy, beach front 30-degree-plus-or-minus slope; the most important part of this being that no native Mexican can set up a taco stand or whatever on the oceanfront on our property.

As a side note, the Mexican Federal Government is mandated to observe SOX (Sarbanes-Oxley) protocols, which meant that we had to go back to the Rosarito City Hall and redo the paperwork several times until it was finally, completely correct - all the "i's" dotted and all the "t's" crossed.

It was a tedious paper chase, but everyone was pleasant and tried hard to be competent in the endeavour.

[Edited on 2-19-2011 by Gypsy Jan]

[Edited on 2-19-2011 by Gypsy Jan]

Bajatripper - 2-19-2011 at 12:40 PM

Quote:
Originally posted by Gypsy Jan
the most important part of this being that no native Mexican can set up a taco stand or whatever on the oceanfront on our property.



But can I, if I bring my U.S. passport?

How Good are Your Tacos?

Gypsy Jan - 2-19-2011 at 12:46 PM

Maybe we can come to some kind of arrangement ;D

BajaGringo - 2-19-2011 at 12:52 PM

Quote:
Originally posted by Bajatripper
Quote:
Originally posted by Gypsy Jan
the most important part of this being that no native Mexican can set up a taco stand or whatever on the oceanfront on our property.



But can I, if I bring my U.S. passport?


Maybe Jan will say yes if you come up with some creative building plans...

Woooosh - 2-19-2011 at 01:15 PM

Quote:
Originally posted by Gypsy Jan
I am going to try to explain what was told to me and if I mess it up, it's my fault.

In the past, the local authorities handled the federal zone commission. A few years ago, this changed and SEMARNAT took over the administration of the concession.

People and businesses that had a concession under the old rules had a certain grace period to reapply. Those who did not, are in trouble. Maybe not today, maybe not tomorrow, but a reckoning is coming for those who are not on the list in the their offices.

We started our application a few years back with our lawyer, Sylvia. She filed the application in Mexico City, D.F. She died in a car accident and we rescued our paperwork from her successor. We continued the process on our own, which culminated in the delivery of the title yesterday.

We have architectural renderings for the remodeling and expansion of the house and the land-to-sea gain expansion of our cliff. All have been scrutinized and approved.

There is a difference in the way the law treats oceanfront structures on a 90-degree vertical rise as opposed to a sandy, beach front 30-degree-plus-or-minus slope; the most important part of this being that no native Mexican can set up a taco stand or whatever on the oceanfront on our property.

As a side note, the Mexican Federal Government is mandated to observe SOX (Sarbanes-Oxley) protocols, which meant that we had to go back to the Rosarito City Hall and redo the paperwork several times until it was finally, completely correct - all the "i's" dotted and all the "t's" crossed.

It was a tedious paper chase, but everyone was pleasant and tried hard to be competent in the endeavour.

[Edited on 2-19-2011 by Gypsy Jan]

[Edited on 2-19-2011 by Gypsy Jan]


Sylvia didn't die in a car accident- she was murdered because of her aggressive federal zone actions (allegedly). You will still need a federal building permit with environmental impact study in addition to your concession for anything you build. If you are on a cliff- the rules are a bit different.

I was yesterday shown the approved and funded plans for the new Rosarito Malecon. It runs all the way down the beach through town and re-connects the pieces of Paseo del Mar. This will make our concession on the beachside moot as the boardwalk is a Federal project that takes priority. Everyone on the ocean side of Paseo del Mar will be cleared off. Only the feds can do that I think, but they are going to do it very soon.

[Edited on 2-19-2011 by Woooosh]

Sylvia Was Murdered?

Gypsy Jan - 2-19-2011 at 01:40 PM

Oh, dear G**, we were told that she was drinking with another person and that her car fell off the bridge near the Pemex in South Rosarito.

The male passenger disappeared, along with her dog.

What a pity, what a waste. Why do these things happen?

And, yes, I know I will not find any answers.

BigOly - 2-19-2011 at 02:30 PM

Good going Gypsy! I made a lot of money doing things the "government officials" in Oregon said "no, you can"t do that". Do your own research because they won't. It is easier for them to say no than it is to do the work they were hired to do.

Woooosh - 2-19-2011 at 03:01 PM

Quote:
Originally posted by BigOly
Good going Gypsy! I made a lot of money doing things the "government officials" in Oregon said "no, you can"t do that". Do your own research because they won't. It is easier for them to say no than it is to do the work they were hired to do.

The man who built our house introduced us to Sylvia. We found her a little scatter-brained, but very well connected in Mexico City. My gut said no, so we went with another person. When they changed the Federal Zone laws five years ago it was a made rush to claim as much oceanfront land as you could- no matter who it was in front of. With so much free money to be legally gained- you can imagine the stakes. When I applied for more concession area in an area where Sylvia had worked, I told the SEMARNAT jefe I wanted to be aggressive in defending our concession rights, but not end up like Sylvia. He knew what I meant.

The law says if you are a Mexican citizen and hold clear title to land the ocean directly impacts- you have first dibs. That's the only way we won. We filed quickly in 2006 when we noticed all the activity. and still fight to get the land bandits off it.

Pompano - 2-19-2011 at 04:16 PM

Been there, done that......the real estate laws in Mexico change regulary. It's inevitable. May your compadre (best friend) be a power in government.

Thanks Pompano

Gypsy Jan - 2-19-2011 at 08:29 PM

Yes, he is. :tumble:

Marc - 2-21-2011 at 09:46 AM

Reading this thread is why I may never buy property in Mexico.

My family still owns property in Espaņa and I am, I think, eligible for Spanish citizenship. Maybe it's a "castle in Spain" for me. A little fixer-upper

[Edited on 2-21-2011 by Marc]


[Edited on 2-21-2011 by Marc]

AD1_20101_s.jpg - 41kB

pave paradise and put up a parking lot

mtgoat666 - 2-21-2011 at 11:03 AM

Quote:
Originally posted by Marc
Reading this thread is why I may never buy property in Mexico.

My family still owns property in Espaņa and I am, I think, eligible for Spanish citizenship. Maybe it's a "castle in Spain" for me. A little fixer-upper


The property ownership complexities in Mexxico are one of several hindrances on Mexico's economy.
The problem is that the system won't change until the current benificiaries of the broken system are overthrown.
Countries with clear and fair commerce regulations thrive. Countries without stumble along like stumble bums.
Nothing wrong with laws and regulations as long as they are relatively fair and fairly applied.

on the bright side, the backwards system is a good way to slow or prevent development that will eventually pave paradise.

always look on the bright side of life!

Woooosh - 2-21-2011 at 12:25 PM

On the bright side... Anyone that can buy a piece of land on along the new Rosarito boardwalk will benefit imo. The boardwalk project is much more than a walking path and it certainly won't hurt the land values. I don't know how much it will help them, but it likely won't hurt them. You get protected oceanfront for life with a beach park in front of your house without having to pay for a concession. There are two vacant boardwalk-fronting lots in our fracciamiento left.

see... who says I don't support real estate investment in Baja (well- only if you have the inside track.)

[Edited on 2-21-2011 by Woooosh]