Editor’s note: When building a home in Baja Mexico, there are many issues to consider and be aware of which are different from building anywhere else because of the local regulations, desert climate, conditions of the infrastructure and the environment. Marco, an attorney at law in Mexico practicing in Tijuana Mexico and lives in Bonita California USA, shares his expertise on the topic of the Aviso de Terminacion de Ombra (Certificate of Construction Termination). LKS
Everyone who is building a house, a condo, a building etc. needs to obtain a licencia de construccion or authorization to start building. This licence or authorization is given to the builder or developer in the proper municipal office, direccion de desarrollo municipal or municipal urban development office. The developer needs to present the drawings or plans of whatever he wants to build and if it is according to the local building code then the developer will obtain the “authorization to build” (the authorization cost is about 300 to 1,500 Mexican pesos)
Once the building is finished the developer or builder (it can be a company or an individual, whomever is building) has the obligation to let the authorities know that the building is finished. The authorities then will assign an inspector to go to the building and review whatever was built. If it complies with the building code the developer will obtain an “EL CERTIFICADO DE TERMINACION DE OBRA” or the construction termination certificate. He then can advertise, promote and sell the building, house or condo etc. All of this is part of section 42, of the Baja Sur Building code, it is a matter of public record and anybody can consult it. (This certificate cost is about 300 to 1,500 mexican pesos)
The time to obtain the “EL CERTIFICADO DE TERMINACION DE OBRA” can be from two weeks to two months depending on if the building complies with the building code. If not changes have to be made to whatever was built. This certificate can not be issued until the building is up to code, and the developer can not start his selling campaign until he has this certificate.
Have other questions for Marco about the legal intricacies in Baja Mexico? Email your questions and curiosities for consideration to AskMarco@starkinsider.com. Questions should be general enough that they will be of interest to other readers of StarkSilverCreek.
StarkSilverCreek does not provide any legal advice and users of this web site should consult with a lawyer for legal advice.