In general terms, the municipal authorities have jurisdiction over land use of a specific property (commonly enacting urban land use development plans), but federal and state authorities may also enact different general provisions (such as zoning laws, e.g., the General Law of Human Settlements, Planning and Urban Development or an Urban Code of a Mexican state), which set standards as to the use that may be given to determined areas.

The federal, state and municipal authorities may also establish limits to land uses derived from the enactment of different kinds of environmental regulations. Some examples of this are the enactment of environmental land use programs or the creation of natural protected areas, which establish certain restrictions as to the activities that may be developed in a determined area and/or establish limits to the density of developments, where the same are allowed.

Federal land is regulated by the federal government, and depending on the kind of property, a specific ministry may have authority over land development. As an example, the Ministry of Environment and Natural Resources (SEMARNAT) has authority over the federal maritime land zone, which is the area comprising 20 meters of beach after the maximum tide; or CONAGUA has authority over the federal zone derived from rivers or lagoons whose surface may vary.

Several federal, state and municipal laws, regulations and standards may affect the use and occupation of real estate, either directly or indirectly.

The following are among the most important federal environmental laws in this regard:

• The General Law of Ecological Balance and Environmental Protection
• The General Law of Wildlife
• The General Law for the Prevention and Integral Management of Waste
• The Law of National Waters
• The General Law of National Property
• The General Law of Sustainable Forest Development
• The Federal Law of Environmental Liability
• The Law of the Agency or Industrial Safety and Environmental Protection on the Hydrocarbon Sector

These federal laws commonly have a local version in each state, regulating any areas that are described to be of local jurisdiction by the aforementioned federal laws.

At the municipal level, land use and construction licenses are commonly required, as well as an occupancy certificate (or construction work completion) and an operating or business license to be able to perform activities on the premises to be built or occupied, as well as an internal program of civil protection. Other permits, licenses or concessions, commonly required either at the federal or state level, are the following:

• Environmental impact authorization
• Environmental risk assessment
• Consolidated environmental license
• Concession for the occupation of a federal zone
• Federal permits to build on a federal zone
• Permit to discharge wastewater
• Concession to exploit a national source of water

Yes. The General Law for the Prevention and Integral Management of Waste establishes that in case of contaminated land where pollution exceeds the applicable standards, cleanup is required.

There are five standards that classify or establish specific limits to the discharge and use of certain pollutants:

• PCBs (NOM-133-SEMARNAT-2015)
• Hydrocarbons (NOM-138-SEMARNAT/SSA1-2012)
• Heavy metals and other hazardous pollutants (NOM-147- SEMARNAT/SSA1-2004)
• Special waste handling (NOM-161-SEMARNAT-2011)
• Waste waters (NOM-001-SEMARNAT-1996/NOM-002-SEMARNAT-1996/NOM-003-SEMARNAT-1997)

Other pollutants may require a risk study to evaluate if cleanup is required.

Aside from the above, it is important to note that the transfer of contaminated land requires prior authorization from SEMARNAT and that the environmental authorities request remediation either from the owner or current occupier of the property, even if the discharge, generation, management, leak or incorporation of materials and hazardous waste was caused by a third party or by the former owner.

Yes. NOM-020-ENER-2011 establishes energy efficiency standards for residential buildings that are applicable to new buildings and expansions of existing ones.

NOM-007-ENER-2014 and NOM-008-ENER-2001 establish energy efficiency standards for nonresidential buildings. Both are applicable to new buildings or expansions of existing ones and do not include buildings that are mainly used for industrial activities.

Yes. The Law for Sustainable Use of Energy provides for a voluntary certification process for private parties to apply energy efficiency standards and sustainability measures in their operations before the National Commission for the Efficient Use of Energy and to implement energy efficiency standards in the buildings they occupy.

In addition, the General Climate Change Law established a goal of cutting greenhouse gas emissions by 22% and black carbon emissions by 51% by 2030 with respect to the baseline.

In addition, on a state level, different energy efficiency standards and incentives to increase sustainability practices may be available.