Can a foreigner buy a house in Baja California, and what does it cost?
Yes, a foreigner can buy a house in Baja California, but the route depends on where the property is. Within the strip of 100 km from the borders and 50 km from the beaches a foreigner cannot hold direct ownership; the Foreign Investment Law provides for a bank trust with an SRE permit, shown on Ventanilla Única at MX$21,650. When data is available, below are this site's asking prices, with listing count and date.
| Fact | Value | Source and date |
|---|---|---|
| Strip where a foreigner cannot hold direct ownership (Constitution, art. 27, sec. I) | 100 km along the borders and 50 km on the beaches | Cámara de Diputados data from current text, last reformed DOF 2026-10-07 |
| Outside the strip (Foreign Investment Law, art. 10 A) | a written agreement before the SRE as provided in art. 27 of the Constitution, and an SRE permit. In a municipality entirely outside the zone the permit is deemed granted if no refusal is published in the federal gazette within 5 business days; in a partly-inside municipality the SRE decides within 30 business days | Cámara de Diputados data from last reformed DOF 2024-05-27 |
| Inside the strip: fideicomiso (art. 11) | a Mexican bank needs an SRE permit to act as trustee when the purpose is the use and enjoyment of the property without creating real rights and the beneficiaries are foreign individuals or companies | Cámara de Diputados data from last reformed DOF 2024-05-27 |
| Term of the trust (art. 13) | up to 50 years, extendable at the interested party's request | Cámara de Diputados data from last reformed DOF 2024-05-27 |
| Who files the permit request | only the trust delegates of a Mexican bank; maximum 5 business days | Secretaría de Economía, Ventanilla Única para Inversionistas data from page consulted 2026-11-06 |
| Permit cost shown on the page | MX$21,650 | Secretaría de Economía, Ventanilla Única para Inversionistas data from page consulted 2026-11-06; fees change every year |
| Creating the fideicomiso | done before a notario público; result: a public deed creating the fideicomiso | Secretaría de Economía, Ventanilla Única para Inversionistas data from page consulted 2026-11-06 |
1. Who can buy, and by which route?
Article 27 of the Constitution says the State may grant foreigners the right to acquire land if they agree before the Ministry of Foreign Affairs (SRE) to be considered nationals with respect to those assets. It also sets a limit: within a strip of one hundred kilometers along the borders and fifty along the beaches, foreigners may not acquire direct ownership of land and water under any circumstances.
So there are two routes. Outside that strip, the Foreign Investment Law asks for a written agreement before the SRE and an SRE permit (art. 10 A); the same law lets the SRE set, by general agreement in the federal gazette, cases where the written agreement alone is enough. Inside the strip, for a house, the route the law provides is the fideicomiso. Whether a specific property is inside or outside the strip depends on its exact location; the same law says INEGI publishes in the federal gazette the list of municipalities entirely and partly inside the zone. Ask the notario or the bank about your property.
2. Inside the strip: the fideicomiso
In a fideicomiso, a Mexican bank is the trustee of the property and the foreigner is the beneficiary: the beneficiary can use and enjoy the house, but the trust does not give real rights over it. The law requires the bank to hold an SRE permit (art. 11) and sets a maximum term of fifty years, which can be extended at the interested party's request (art. 13). The SRE may verify at any time that the conditions of the permit are met.
3. Who files, and what the notary does
According to Ventanilla Única, the permit request to the SRE can only be filed by the trust delegates of a Mexican bank, and the maximum response time is five business days. An agreement published in the federal gazette on March 16, 2012 sets out that those delegates file it online with an advanced electronic signature. With the permit, the fideicomiso is created before a notario público and the result is the public deed creating the fideicomiso.
The buyer does not file the request with the SRE on their own: the bank that will act as trustee handles it. The documents asked of the foreign buyer (passport, immigration document, proof of address from the home country, RFC and CURP, among others) and those for the property are listed on the Ventanilla Única page cited below.
General information, not legal advice. This page summarizes what the cited texts say; consult a notario público or an attorney before you decide.
4. What does it cost?
The only official cost this page cites is the SRE permit: the Ventanilla Única page shows MX$21,650. The Ley Federal de Derechos (art. 25, sec. V, subsec. a) sets a 2026 fee of MX$21,648.83 for the SRE permit to create fideicomisos; Ventanilla Única shows it rounded. Fees change every year; confirm it before paying.
We do not include the notary's fees, the fee of the bank that would act as trustee, purchase taxes or other expenses here, because they depend on each case and change. Ask the notary and the bank for a written breakdown before you make an offer.
The price of the house weighs the most. Below are the asking prices of the houses this site shows today.
Browse Baja California properties →
Frequently asked questions
Can a foreigner buy a house in Baja California?
Yes, by a route that depends on the property's location. Within the strip of 100 km from the borders and 50 km from the beaches a foreigner cannot hold direct ownership; the Foreign Investment Law provides for a bank trust with an SRE permit. Outside the strip a written agreement before the SRE and its permit are required.
How long does a fideicomiso last?
Up to fifty years, extendable at the interested party's request (Foreign Investment Law, art. 13).
Who requests the permit from the SRE?
The trust delegates of a Mexican bank, according to Ventanilla Única. The maximum response time the page shows is five business days.
How much is the SRE permit?
The Ventanilla Única page we consulted on November 6, 2026 shows MX$21,650. Fees change every year.
What does the notary do?
With the SRE permit, the fideicomiso is created before a notario público and the result is the public deed of creation, according to Ventanilla Única.
How much do houses cost in Baja California?
It depends on the city. When data is available, the price table on this page shows, per city, the number of house listings on this site, the median asking price and the middle range per square meter, with the date of the data. These are asking prices, not sale prices.
Related guides
Buying in Baja California from the US or Canada
Restricted zone, fideicomiso, notary and the ejido caution, with the law cited.
Ensenada: the coast, the city and the gateway to wine country
The port, the coast and the gateway to the Valle de Guadalupe: sourced figures and current listings.
Rosarito and the toll road to Ensenada
The coastal municipality south of Tijuana and the first stretch of the scenic road.
Sources
- Constitución Política de los Estados Unidos Mexicanos, art. 27, section I · Cámara de Diputados · accessed 2026-11-06
- Ley de Inversión Extranjera, arts. 2, 10 A, 11, 13 and 14 · Cámara de Diputados · accessed 2026-11-06
- Ventanilla Única: Obtain the permit to create the fideicomiso (SRE) · Secretaría de Economía, Ventanilla Única para Inversionistas · accessed 2026-11-06
- Ventanilla Única: Create the fideicomiso before a notario público · Secretaría de Economía, Ventanilla Única para Inversionistas · accessed 2026-11-06
- Agreement on how bank trust delegates apply to the SRE for restricted-zone fideicomiso permits (DOF 2012-03-16) · Secretaría de Relaciones Exteriores, Diario Oficial de la Federación · accessed 2026-11-06
- Ley Federal de Derechos, art. 25, section V · Cámara de Diputados · accessed 2026-11-06
This page is general orientation with sources cited. It is not legal or tax advice and not an opinion of value. Confirm every figure with your notario público. Send us a question