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Land Use Planning, Human Settlements, and Zoning in Mexico

One of the areas where law, economics, and politics converge, without a doubt, is territorial planning. From the notions of the urban question and the right to the city formulated by both Manuel Castells and Henri Lefebvre, it is now a matter of State to consider the organization of human settlements. Therefore, to plan their growth and control. All of this, of course, from the perspective of Administrative Law.

And since the zoning[1] of real estate transcends the construction industry, citizen mobility, and the notion of public property, I consider it appropriate to briefly summarize the regulation of this fascinating subject, which is undoubtedly still in its infancy and is commonly known as Urban Planning Law. To this end, I will focus primarily on regulations applicable nationwide. I will then delve into another entry on the regulations of the state of Chihuahua in this area, and then conclude with urban planning action in the Municipality of Ciudad Juárez, Chihuahua. So, stay tuned for future posts.

Without further delay, let’s begin:

List of Contents

Translation

This entry is a translation of my previous post Ordenamiento Territorial, Asentamientos Humanos y la Zonificación en México.

I.- Applicable Regulations

The regulation of human settlements and land zoning, being matters of such great magnitude, certainly have a constitutional basis. This is reflected in Article 27, paragraph three, and Article 73, section XXIX-C [2] of the Political Constitution of the United Mexican States. In these articles, the Permanent Constituent Power granted the Congress of the Union powers, through a general law, to lay the foundations for territorial planning for the Federation, the states, municipalities, and other territorial demarcations recognized by Administrative Law.

The law in question is not just any law. On the contrary, according to Article 133[3] of the Constitution itself, the law that will regulate this matter has a hierarchy and nature superior to any other ordinary law issued by both the Congress of the Union and the state legislatures. This is so, simply because it is an express constitutional mandate. To understand the above, see the following binding precedent: GENERAL LAWS. INTERPRETATION OF ARTICLE 133 OF THE CONSTITUTION[4].

That said, the general law that regulates the matter and to which the Federation, states, and municipalities of our country must in all cases adhere is the General Law on Human Settlements, Territorial Planning, and Urban Development, which very generally regulates the scope of jurisdiction of the three levels of government and will be the subject of study in this entry. Meanwhile, the Law on Human Settlements, Territorial Planning, and Urban Development of the State of Chihuahua is a bit more detailed on the topics under study and, along with other legal provisions, will be the subject of analysis in future entries.

II.- Purposes

The purposes of the law’s regulation of human settlements are as follows:

1.- To establish the basic standards for governing the use of land and human settlements in the country, with full respect for human rights, as well as the State’s obligations to fully promote, respect, protect, and guarantee them.

On this point, it may seem that the above is mere rhetoric. However, when the governed go, for example, to the Urban Development Department to request construction licenses or any other administrative act, they will realize that these purposes are true. Sometimes, in an effort to comply with obligations related to social security, ecology, education, etc., the private property rights of others can be infringed upon by prohibiting them from constructing certain projects under the pretext of «open texture.» I will delve into this topic later.

2.- Establish the participation of the Federation, the federal entities, municipalities, and territorial demarcations in the planning, management, and regulation of human settlements within the national territory.

3.- Establish criteria for ensuring consistency among the Federation, the federal entities, municipalities, and territorial demarcations for the establishment, growth, improvement, consolidation, and conservation of population centers[5] and human settlements, guaranteeing access to public spaces.

4.- Define the principles for determining provisions, reserves, land uses, and the allocation of areas and properties that regulate the ownership of population centers.

5.- Promote citizen participation in territorial planning and management processes.

III.- Powers

As I have already stated, in this fascinating area, there is a common thread between the Federation, the states, and the municipalities, which coordinate and assume an active role through their respective powers and responsibilities. Among the most significant powers are the following:

A) Federation

1.- Issue guidelines on equipment, infrastructure, the environment, and environmental relations, which will govern actions carried out in the area of ​​land use and development, as well as housing, financed with federal resources, in accordance with the Housing Law, as well as those of the agencies that finance worker housing in relation to the National Workers’ Housing Fund Institute.

2.- Issue regulatory criteria and guidelines for the territorial delimitation of metropolitan and conurbation zones[6].

3.- Participate in the planning and regulation of conurbation zones and population centers located within the territory of two or more states.

4.- Promote, in coordination with the Ministry of the Interior, the development of instruments that identify high-risk areas for disruptive phenomena of natural origin.

5.- Develop programs and actions to reduce greenhouse gas emissions.

B) States

1.- Legislate on human settlements, urban development, and territorial planning, as well as the planning, management, coordination, and development of conurbations and metropolitan areas within their state jurisdiction.

2.- Create regulations to promote and empower citizens to participate in urban planning processes.

3.- Promote and decree the establishment of new population centers.

4.- Register municipal plans and programs regarding urban development, reserves, land uses, and the use of areas and properties in the Public Property Registry, when these are consistent and aligned with state and federal planning.

5.- Intervene in the prevention, control, and resolution of irregular human settlements and, where appropriate, impose administrative sanctions on violators of legal provisions and state urban and metropolitan development programs, where applicable.

6.- Prevent and avoid occupation by human settlements in high-risk areas, in accordance with the risk atlas and under the terms of applicable legislation.

C) Municipalities

1.- Formulate, approve, administer, and execute municipal plans or programs for urban development, doubling centers, and any others derived from these.

2.- Formulate, approve, and administer the zoning of population centers located within the municipality, in accordance with the terms established in municipal plans or programs.

3.- Propose to the competent authorities of the federal entities (local congresses) the establishment and, where appropriate, the elimination of population centers.

4.- Issue authorizations, licenses, or permits for various urban development actions, in strict adherence to local legal norms, urban development plans or programs, and their corresponding reserves, land uses, and area and property allocations.

5.- Intervene in the regularization of urban land tenure.

6.- Create citizen consultation mechanisms for the formulation, modification, and evaluation of municipal urban development plans or programs.

IV. Land Use Planning System, Urban and Metropolitan Development

The planning, regulation, and evaluation of land use planning for human settlements and the urban development of population centers are part of the National Democratic Planning System, which contributes to achieving the objectives of the National Development Plan[7], federal programs, and state and municipal plans.

Therefore, to ensure consistency and coordination in these matters between the Federation, the federal entities, and the municipalities, a National Land Use Planning and Urban Development Program was created, which is composed of the following instruments:

1.- The national land use planning strategy.

2.- The National Land Use Planning and Urban Development Program.

3.- State land use planning and urban development programs.

4.- Metropolitan area or conurbation programs.

5.-Municipal urban development plans or programs.

6.- Urban development plans or programs for population centers, partial or sectoral, simplified planning schemes, and rural service centers.

The planning instruments mentioned here must be consistent with each other, adhering to the hierarchical order established by their territorial scope, and must include the validation and consistency reports requested and issued by the different levels of government for their implementation and compliance.

A) National Territorial Planning Strategy

The national territorial planning strategy determines the specific dimension of the country’s development in the medium and long term. It will establish the framework of reference and territorial consistency with the National Development Plan, the country’s sectoral and regional programs regarding the territorial planning of human settlements, and will promote the rational use of land.

The national territorial planning strategy should:

1.- Identify the urban-rural systems and regionalization that functionally structure the country; it will also guide the delimitation and characterization of strategic metropolitan areas to promote economic development and reduce regional disparities.

2.- Propose measures for the sustainable development of the country’s regions, based on their natural resources, productive activities, and the balance between human settlements and environmental conditions.

3.- Propose guidelines for the provision of infrastructure, equipment, and facilities essential for the development of the regions and the country.

4.- Propose mechanisms for its implementation, intersectoral coordination, and evaluation.

This national strategy will have a 20-year vision for national development, but may be reviewed and, if necessary, updated every 6 years or when profound changes occur that could affect the country’s territorial structure.

B) National Territorial Planning and Urban Development Program

This plan will contain:

1.- A diagnosis of the current situation of territorial planning and human settlements in the country, including, among other elements, the distribution pattern of the population and economic activities in the national territory.

2.- The policies, objectives, priorities, and strategic guidelines for the country’s urban and metropolitan development.

3.- The structure of rural urban systems in the country and the characterization of the population centers that comprise the National Territorial System.

4.- Policies and strategies for the territorial planning of rural-urban systems, human settlements, and the urban development of population centers.

5.- Guidelines for the sustainable development of the country’s regions, based on their natural resources, productive activities, and the balance between human settlements and environmental conditions.

6.- Urban development needs arising from the volume, structure, dynamics, and distribution of the population.

7.- General strategies to prevent negative impacts on the urban and regional environment resulting from the establishment and growth of population centers and to promote comprehensive risk management and urban resilience within the framework of human rights.

8.- General policies for territorial planning of metropolitan areas and conurbations, human settlements, and population centers.

9.- Guidelines and strategies that guide public and private investment in priority projects for the country’s urban development.

10.- General goals regarding the quality of life in the country’s urban and rural population centers, as well as in indigenous communities.

11.- The overall requirements for land reserves for urban development, as well as the mechanisms to meet these needs.

12.- The indication of the financial mechanisms and instruments for urban development for the execution and fulfillment of the program.

13.- The criteria, mechanisms, objectives, and indicators regarding resilience that the three levels of government must observe in the development of their programs or plans on land use planning, human settlements, and urban development.

14.- The schemes and mechanisms that promote equity, inclusion, and universal accessibility in urban development, land use planning, and human settlements.

This program will be approved every six years by the President of the Republic and will be subject to a permanent monitoring and evaluation process.

C) State Territorial Planning and Urban Development Programs

State territorial planning and urban development programs, as well as municipal plans or programs in this area, shall be approved, implemented, monitored, evaluated, and modified by local authorities following the formalities established in state legislation, which, in this case, is the Law on Human Settlements, Territorial Planning, and Urban Development of the State of Chihuahua.

The aforementioned programs of the states must contain the following:

1.- An analysis of the situation, its trends, and the statement of objectives and desired results, which must be addressed simultaneously, as well as the manner in which the diagnosis and trend and normative forecasts will be carried out, summarizing the comparison between reality and what is desired.

2.- The medium- and long-term strategies for their implementation, their evaluation, and the selection of the most favorable one to close the gaps between the situation, its trends, and the desired scenario.

3.- Definition of the strategic actions and projects that will enable their implementation.

4.- Determination of goals and the mechanisms and periods for evaluating results.

5.- Instruments for program compliance and execution.

6.- Consistency with the national risk atlas.

Furthermore, the General Law on Territorial Planning, Human Settlements, and Urban Development guarantees that federal entities must ensure the form and procedures for the social and private sectors to participate in the formulation, modification, evaluation, and monitoring of urban development plans or programs.

In this regard, the following procedure must be considered for the approval and modification of urban development plans or programs:

1.- The state or municipal authority must notify the public of the start of the planning process and formulate the draft urban development plan or program or its modifications, disseminating it widely.

2.- That a deadline and schedule for public hearings be established for interested parties to submit, in hard copy or electronic form, their proposals regarding the draft urban development plan or program or any amendments to the relevant authorities.

3.- That the responses to the proposals declared inadmissible be substantiated and posted for public consultation in the offices of the corresponding authority.

4.- That once these minimum formalities have been completed, the respective plan or program or its amendments be issued by the competent authority. For their validity and enforceability, they must be published in the corresponding government publication body.

D) Metropolitan and Conurbation Programs

When one or more urban centers located in municipal territories or territorial demarcations of two or more states form a physical and demographic continuum, the Federation, the states, the municipalities, or the respective territorial demarcations shall jointly and coordinately plan and regulate the development of said urban centers and constitute an interstate metropolitan or conurbation zone.

In interstate metropolitan zones and interstate conurbations, a permanent territorial planning commission shall be established, composed of a representative from each state and each municipality, as well as a representative from the Federal Secretariat of Agrarian, Territorial, and Urban Development. This commission shall formulate and approve the planning program for the interstate and intermunicipal metropolitan or conurbation zone, as well as manage and evaluate its compliance.

For the purposes of metropolitan area development programs, the law considers the following to be of metropolitan interest and, therefore, regulated through the aforementioned programs:

1.- Land use planning and human settlements.

2.- Road infrastructure, traffic, transportation, and mobility.

3.- Land and territorial reserves.

4.- Densification, urban consolidation, and efficient land use, with safe, quality public spaces as the connecting axis.

5.- Housing policies and those related to regional and metropolitan amenities.

6.- The location of spaces for metropolitan industrial development.

7.- The comprehensive management of water and hydraulic resources, including drinking water, drainage, sanitation, wastewater treatment, watershed restoration, and stormwater management.

8.- The preservation and restoration of ecological balance, the sustainable use of natural resources, and environmental protection, including air quality and atmospheric protection.

9.- The comprehensive management of municipal solid waste, especially industrial and hazardous waste.

10.- Prevention, mitigation, and resilience to the risks and effects of climate change.

11.- Strategic and safety infrastructure and equipment.

12.- Universal accessibility and mobility.

13.- Public safety.

14.- Other actions that, at the proposal of the land use commission, are established or declared by the competent authorities.

In all cases, the plans or programs of metropolitan areas or conurbations must have:

I.- Consistency with the national land use strategy.

II.- A comprehensive diagnosis that includes a short-, medium-, and long-term prospective vision.

III.- Strategies and projects for the comprehensive development of the metropolitan area or conurbation, which articulate the various social, economic, urban, tourism, environmental, and climate change development plans, programs, and programs that impact its territory.

IV.- The delimitation of population centers with geographic reserves for orderly long-term expansion, which consider technical growth estimates.

V.- Priorities for the occupation of vacant urban land, the orderly urbanization of peripheral expansion, and the appropriate location of land suitable for progressive urbanization in relation to the consolidated urban area.

VI.- Policies and instruments for the restructuring, location, and improvement of infrastructure and facilities in the metropolitan area.

VII.- Actions and investment forecasts for the provision of urban infrastructure, facilities, and services common to the population centers of the conurbation area.

VIII.- Mobility actions, including mass public transportation, non-motorized systems, and low-environmental-impact systems.

IX.- Forecasts and actions to improve environmental conditions and comprehensive water management.

X.- Priority forecasts and actions to conserve, protect, enhance, and improve public spaces.

XI.- Strategies for the conservation and improvement of urban image and natural and cultural heritage.

XII.- Safety, risk prevention, and resilience strategies.

XIII.- Methodology or indicators to monitor and evaluate the implementation and achievement of the metropolitan area or conurbation program objectives.

Finally, metropolitan areas or conurbations located in one or more municipalities within the same federal entity will be regulated by local legislation and, in all cases, will be coordinated with federal and state authorities in accordance with the General Law on Territorial Planning, Human Settlements, and Urban Development.

E) Municipal Urban Development Plans and Programs

Municipal urban development plans and programs will outline the specific actions necessary for the conservation, improvement, and growth of population centers, as well as their zoning. An example of these plans is the current Sustainable Urban Development Plan for the Municipality of Ciudad Juárez.

Furthermore, the law also provides that municipalities have the authority to develop partial plans and programs that outline specific actions for the growth, improvement, and conservation of population centers, for the formation of urban complexes and integrated neighborhoods. An example of this type of instrument is the Urban Development Master Plan for the Historic Center of Ciudad Juárez.

Furthermore, municipal urban development plans or programs must specify the mechanisms that allow for the implementation of their main projects, such as the establishment of territorial reserves, the creation of infrastructure, facilities, services, land use, housing, and public spaces, among others.

Finally, municipal urban development plans are, perhaps due to their proximity to their inhabitants, the technical and legal instruments that must be most studied by real estate developers or anyone related to the construction industry, since compliance with and observance of such plans is mandatory for the granting of construction permits, as reiterated by our Supreme Court of Justice of the Nation with this precedent: HUMAN SETTLEMENTS AND MUNICIPAL URBAN DEVELOPMENT. MUNICIPAL URBAN DEVELOPMENT PLANS ARE MANDATORY OBSERVANCE WHEN GRANTING CONSTRUCTION PERMITS[8].

F) Primary and Secondary Zoning of Their Population Centers

Municipalities are responsible for formulating, approving, and administering the zoning of population centers located within their territory. To this end, primary zoning[9], with a medium- and long-term vision, must be established in municipal urban development programs, which will also determine:

1.- The areas that comprise and delimit population centers, anticipating the sequences and conditions of city growth.

2.- The areas that comprise and delimit population centers, anticipating the sequences and conditions of city growth.

3.- The primary road network that structures connectivity, mobility, and universal accessibility, as well as public spaces and facilities of higher priority.

4.- The conservation, improvement, and growth zones of population centers.

5.- The identification and necessary measures for the conservation, preservation, and expansion of public space, as well as for the protection of rights of way.

6.- Territorial reserves, prioritizing those designated for the progressive urbanization of population centers.

7.- The standards and technical provisions applicable to the design or adaptation of specific uses such as roads, parks, plazas, green areas, or facilities that guarantee the material conditions for community life and mobility.

8.- The identification of and measures for the protection of safeguard zones and rights-of-way, essentially areas of high-risk facilities or those considered to be of national security importance, with compensation for the owners affected by these measures.

9.- The identification of and measures for the protection of industrial buffer zones, which, in all cases, must be located within the property where the activity is carried out without affecting third parties. If such impact is essential, the affected owners must be compensated.

Regarding secondary zoning[10], these must also be established in municipal urban development plans according to the following criteria:

I.- In conservation zones, the mix of land uses and their activities will be regulated.

II.- In areas not designated as conservation areas:

A) Residential, commercial, and workplace land uses will be considered compatible, and therefore, no separation may be established, as long as these do not threaten the safety, health, and well-being of people, or exceed the capacity of water, sewage, electricity, or mobility services.

B) Densification of buildings must be permitted, as long as the capacity of water, sewage, electricity, or mobility services is not exceeded.

Developers must assume the incremental cost of receiving these services. The municipal government will establish mechanisms to apply this cost and adjust the capacity of infrastructure and equipment to allow developers to increase the density of their buildings and the mix of land uses.

C) The consolidation of a coherent network of primary roads, provision of public spaces, and sufficient, high-quality facilities will be ensured.

V. Regulation of Private Property in Population Centers

To enforce the third paragraph of Article 27 of the Political Constitution of the United Mexican States, which I have previously cited, regarding the establishment, conservation, improvement, and growth of population centers, the competent authorities, through the plans and programs within their powers, shall regulate the property, possession, or any other rights derived from the ownership of real estate located in population centers.

A) Foundation of a Population Center

The establishment of population centers requires an express declaration by decree issued by the legislature of the corresponding federal entity. The decree shall contain provisions regarding the provision of land; it shall order the formulation of the respective urban development plan or program; and it shall assign the population center a political-administrative category.

The establishment must be carried out on land suitable for urban development, assessing its environmental impact and respecting protected natural areas and the human settlement patterns of the rural community and indigenous communities.

B) Scope of Actions for Population Centers

State legislatures shall establish the requirements and scope of actions for the establishment, conservation, improvement, and growth of population centers and shall establish provisions for:

1.- The allocation of compatible land uses and purposes, promoting the mix of mixed land uses and seeking to integrate residential, commercial, and workplace areas; preventing the uncontrolled physical expansion of population centers and ensuring adequate road infrastructure.

2.- The formulation, approval, and execution of urban development plans or programs.

3.- The execution of agreements and coordination arrangements between public sector agencies and entities, and the coordination of actions with social and private sector organizations.

4.- The acquisition, allocation, or use of real estate by the public sector.

5.- The construction of adequate housing, infrastructure, and equipment for population centers.

6.- Regularization of urban land and building ownership.

7.- Compatibility of public services and telecommunications and broadcasting infrastructure, in any land use, for developable and non-developable areas.

8.- Any other measures deemed necessary for the optimal implementation of conservation, improvement, and growth measures in population centers.

9.- Prevention, monitoring, and control of irregular land occupation.

10.- Ecological protection of population centers and their sustainable growth.

11.- Formulation, approval, and implementation of partial urban development programs.

12.- The provision of green areas, safe and quality public spaces, and buildable spaces.

13.- Preservation of the natural and cultural heritage, as well as the urban image of population centers.

14.-The reorganization, renovation, or densification of deteriorated urban areas, making appropriate use of their social and material components.

15.- The provision of primary public spaces, services, equipment, or infrastructure in areas lacking them, to guarantee universal access to safe, inclusive, and accessible public spaces.

16.- The prevention, control, and response to environmental and urban risks and contingencies in population centers.

17.- Integrated public sector action that articulates the regularization of urban land tenure with the provision of basic services and benefits that promote community integration.

18.- The administrative authority that allows for the execution of agreements between authorities and property owners to facilitate the expropriation of their properties for reasons of public utility.

19.- The construction and adaptation of urban infrastructure, equipment, and services to guarantee the safety, free movement, and universal accessibility required by persons with disabilities.

20.- The promotion and application of feasible and environmentally sound technologies for greater self-sufficiency, sustainability, and environmental protection, including the use of green rooftops and vertical gardens.

C) Urban Actions Outside Urban Development Plans

When any type of urban action or development is intended to be carried out outside the boundaries of a population center, where there is no current urban development or territorial planning plan or program, or for projects in rural areas that require the construction or introduction of primary infrastructure projects or networks, approval for the creation of a new population center or prior modification of the corresponding municipal urban development plan will be required.

In all cases, the project’s infrastructure works or networks will be the responsibility of the owner or developer. In the case of subdivisions or urban complexes, they must also assume the cost of the roadworks and mobility systems necessary to ensure connectivity between the urban action in question and the nearest population center, of sufficient size and quality to allow for the public transportation traffic generated.

When construction works are initiated that do not comply with the above, they may be reported by any interested party and will be sanctioned with the closure of said works, without prejudice to other applicable liabilities, such as criminal penalties.

D) Forced Donations

The General Law on Human Settlements, Territorial Planning, and Urban Development establishes the obligation for property owners to make donations and transfers for the construction of local public roads, facilities, and public spaces required for the development and proper functioning of population centers. To ensure the feasibility, sustainability, and provision of public services, the design and construction of a primary road network and the development of infrastructure for the benefit of federal entities, municipalities, or territorial demarcations (townships, villages, hamlets, etc.) are necessary.

E) Minimum Requirements for Urban Development Actions

The General Law on Human Settlements, Territorial Planning, and Urban Development establishes the minimum requirements for urban development actions[11], that is, for those that are subject to authorizations, licenses, permits for land use, construction, subdivisions, mergers, re-lotifications, and condominiums, as follows:

1.- Municipalities must make all requirements public in writing and, where possible, through information technology.

2.- A maximum response time by the authorities to different requests must be established.

3.- Responses to requests must be made through a written agreement.

4.- In cases where authorization is not appropriate, the reasons for the inadmissibility must be justified and supported by law in the respective agreement.

5.- The application of fictitious denials must be expressly considered in cases where the authority fails to process applications, without prejudice to the liability of public servants for this failure.

6.- The means and instances of administrative and judicial appeal, if any, must be defined.

7.- The cases and conditions for the suspension and closure of works in progress must be defined, which, in all cases, must be the result of a judicial resolution.

8.- The cases and conditions for the revocation of authorizations must be defined.

F) Construction in High-Risk Areas

In the case of urban development projects in high-risk areas established in urban development plans, before granting licenses for land use and buildings, construction, as well as feasibility studies and other urban planning authorizations, the authorities must request a risk prevention study that identifies that appropriate mitigation measures have been implemented in accordance with the General Civil Protection Law and any issued Mexican official standards.

Regardless of the foregoing, when there is no express regulation, the following works and facilities must have risk prevention studies, especially in the case of:

1.- Port and airport infrastructure works and general communication routes.

2.- Pipelines and road, hydraulic, and primary energy infrastructure networks.

3.- Treatment, containment, elimination, or disposal facilities for hazardous and municipal waste.

4.- Publicly owned facilities that provide health, education, security, transportation, and supply services.

5.-Fuel storage, containment, distribution, sale, or processing facilities.

G) Territorial Regulation

The regularization of land tenure for its incorporation into urban development shall be subject to the following provisions:

1.- It must be derived from an action of foundation, growth, improvement, conservation, and consolidation in accordance with an urban development plan or program.

2.- Only those who occupy a plot of land and do not own another property in the respective population center may receive the benefit of regularization. Preference shall be given to peaceful and bona fide possessors based on the length of their tenure.

3.- No person may benefit from regularization with more than one lot or plot of land, the area of ​​which may not exceed the area determined by legislation, urban development plans, or programs.

H) Right of First Refugee Purchase in Reserved Areas

The Federation, the federated entities, the municipalities, and the territorial demarcations shall have the right of first refusal, under equal conditions, to acquire land within the territorial reserve zones, to preferentially allocate them to the creation of public space, including vacant urban land within said reserve when it is to be sold for valuable consideration.

To this end, the owners of the land, the notaries public, the judges, and the respective administrative authorities must notify the Secretariat of Agrarian, Territorial, and Urban Development, the federated entity, the municipality, and the corresponding territorial demarcation, informing them of the transaction amount, so that within a period of 30 calendar days, they may exercise their right of first refusal if they deem it appropriate, guaranteeing, of course, the respective payment.

VI. Territorial and Urban Information System

By mandate of the General Law on Urban Settlements, Territorial Planning, and Urban Development, a Territorial and Urban Information System was created to contain the information and indicators produced by the authorities of the three levels of government and metropolitan governance bodies related to federal, state, and municipal territorial planning and urban development plans and programs.

Likewise, this system will contain relevant reports and documents derived from scientific, academic, technical, or other activities related to urban development and territorial planning.

VII. Citizen Complaints

Among the many instruments for citizen participation in territorial planning and urban development, citizen complaints stand out, as they are replicated in virtually all state laws on the subject. However, it is the General Law on Human Settlements, Territorial Planning, and Urban Development that contemplates its basic elements, namely:

A) Standing

The law provides that any individual or legal entity may report to the territorial planning authority or other local authorities any act, deed, or omission that violates the relevant legal provisions. They also have the right to have the corresponding security measures and sanctions applied.

B) Content of the Complaint

To exercise this right, individuals must file a complaint in compliance with the following requirements:

1.- State the name or business name, address, and telephone number (if applicable) of the complainant and, where applicable, their legal representative.

2.- Describe the acts, deeds, or omissions that give rise to the complaint.

3.- Provide information that allows the alleged offender to be identified.

4.- Provide any evidence that the complainant intends to provide.

C) Resolution

The law does not establish a timeframe for resolving a citizen complaint; however, I believe that state law on human settlements, land use planning, and urban development of the property subject to the complaint should be applied as a supplement.

VIII.- Sanctions

The sanctions established by law are vague, given that the jurisdiction to regulate them more broadly falls to the federal entities. However, the following sanctions stand out in the General Law on Human Settlements, Territorial Planning, and Urban Development.

A) Absolute Nullity

Any acts, agreements, or contracts relating to ownership or any other right related to the use of areas and properties that contravene the legislation pertaining to human settlements, territorial planning, and urban development, including, of course, urban development plans and programs, shall be void.

B) Cases of Nullity

Any acts, agreements, and contracts relating to ownership or any other right related to the use of areas and properties that:

1.- Contravene the provisions of urban development plans or programs in any of their forms, as well as the provisions, land uses, reserves, or destinations they establish, shall also be void.

2.- Do not contain the insertions related to the authorizations, licenses, or permits for the appropriate urban development action.

3.- Legal acts of transfer of ownership are carried out without respecting the right of first refusal mentioned above in Section IV, paragraph H).

C) Declaration of Nullity

The nullity of the above cases shall be declared by the competent authorities. Such nullity may be requested by the law enforcement agency through the exercise of a public complaint or through the administrative procedures regulated by local legislation established for such purposes.

D) Notarial Obligation

Notaries and other public notaries may only definitively authorize the public instrument corresponding to acts, agreements, or contracts related to ownership, possession, or real rights, under private, public, or social law regimes, after verifying the existence of the certificates, authorizations, permits, or licenses issued by the competent authorities in relation to the use or disposition of areas or properties, in accordance with the applicable territorial planning and urban development regulations; these must be indicated or inserted in the respective public instruments.

Likewise, they will be required to include a special clause in the deeds of transfer of property in which they are involved, stating their obligations to respect the plans or programs related to the subject matter, especially the use or purpose of the property subject to such acts.

E) Illegality of Administrative Acts by Operation of Law

Permits, authorizations, or licenses that contravene the provisions of urban development plans or programs will be void.

Furthermore, no act, agreement, contract, or appropriation may be registered in the public property registries or land registers that does not comply with the provisions of urban development legislation and the applicable plans or programs.

By Omar Gómez

Mexican Tax, Administrative, and Constitutional Attorney

Partner at belegalabogados.mx

Contact me at hola@ogomezabogado.com

[1] Zoning refers to the determination of the areas that comprise and delimit a territory; its predominant uses and reserves, land uses and purposes, as well as the delimitation of areas for growth, conservation, consolidation, and improvement.

[2] Article 27.- […]

The nation shall at all times have the right to impose on private property the modalities dictated by the public interest, as well as to regulate, for the benefit of society, the use of natural resources susceptible to appropriation, in order to achieve an equitable distribution of public wealth, ensure its conservation, achieve the balanced development of the country, and improve the living conditions of the rural and urban population. Consequently, the necessary measures shall be enacted to organize human settlements and establish adequate provisions, uses, reserves, and uses of lands, waters, and forests, for the purpose of executing public works and planning and regulating the establishment, conservation, improvement, and growth of population centers; to preserve and restore ecological balance; to subdivide large estates; to provide, under the terms of the regulatory law, for the organization and collective exploitation of ejidos and communities; for the development of small rural property; for the promotion of agriculture, livestock, forestry and other economic activities in rural areas, and to prevent the destruction of natural elements and damage to property that may be detrimental to society.

Article 73.- Congress has the power: […]

XXIX-C. To enact laws establishing the participation of the Federal Government, the federal entities, the municipalities, and, where applicable, the territorial divisions of Mexico City, within the scope of their respective jurisdictions, in matters of human settlements, in order to fulfill the purposes set forth in the third paragraph of Article 27 of this Constitution, as well as in matters of mobility and road safety.

[3] Article 133.- This Constitution, the laws of the Congress of the Union emanating from it, and all treaties consistent with it, entered into and to be entered into by the President of the Republic, with the approval of the Senate, shall be the Supreme Law of the entire Union. The judges of each federative entity shall abide by this Constitution, laws, and treaties, notwithstanding any provisions to the contrary that may appear in the Constitutions or laws of the federative entities.

[4] Thesis: P. VII/2007. Plenary Session of the Supreme Court of Justice of the Nation. Ninth Judicial Epoch. Digital Registration: 172739.

[5] A population center should be understood as the areas made up of the urbanized zones of a territory and those reserved for its subsequent expansion.

[6] A conurbation refers to the physical and demographic continuity formed by two or more population centers, while a metropolitan area should be understood as those population centers or conurbations that, due to their complexity, interactions, and social and economic relevance, form a territorial unit of dominant influence.

[7] It’s a document through which the government explains its priority objectives and strategies during the six-year term, based on Article 26 of the Political Constitution of the United Mexican States.

[8] Thesis: 2a. CXXIII/2017 (10a.) Second Chamber of the Mexican Supreme Court of Justice. Tenth Judicial Epoch. Digital Registration: 2014925.

[9] This is understood as the determination of the areas that comprise and delimit a population center, including urbanized areas and developable areas, including growth reserves, non-developable areas, and protected natural areas, as well as the primary road network.

[10] Secondary zoning should be understood as the determination of land uses in a buildable and non-buildable space, as well as the definition of specific purposes.

[11] Urban development activities are understood to mean all acts or activities aimed at the use or exploitation of land within urbanized or developable areas, such as subdivisions, subdivisions, mergers, re-lotifications, subdivisions, condominiums, urban complexes, or urbanizations in general, as well as the construction, expansion, remodeling, repair, demolition, or reconstruction of publicly or privately owned properties. These works, by their nature, are contemplated in urban development plans or programs or have the corresponding permits, and also include the execution of urban equipment, infrastructure, or services works.

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