2. Are there major differences between building
a business structure and a residence? If so, what are they?
For permits, they are very similar exempt you are
required a little more paper work. Structurally speaking, the code
states a lot of safety measurements that should be followed for all
types of structures (but we know sometime, they are not) Parking is
also required for business structure. Fire escapes, Earthquake routes,
etc.
3. Are there differences in
building permit regulations between Mexican citizen and Foreign resident?
If so, what are they? What items must a foreign resident obtain before
they can build a structure in B.C.S., Mexico?
No there should not be any what so ever!!! Well, the
only one I can think of is that Mexican citizen would have deeds/titles
for there land and Foreign residents would usually have Bank Trusts
(Fideicomisos).
The items can vary between municipalities, but a general
idea most areas are a copy of:
•
Proof of ownership of land (Fide).
• Last water bill
paid up.
• Property taxes
paid in full.
• A topographic
map of the lot, with UTM coordinates. (GPS, back in the USA).
4. Does the foreign resident
need all required permits and papers filed before construction can
begin? What are the consequences of starting construction without
proper permits?
Everybody should have filed before they can start
even Aliens from outer space? But, you can get a pre-permit issued
normally (again, depending on your Municipality) even sometime if
you advise you local inspector you can normally get away for about
two weeks ahead start, in the meanwhile the permit is being filed.
Consequences, you can be fine for not having the proper
paper work, I guess I would say “It depends on the type of law broken”.
Even in some cases, they can demolish your construction at your own
expense. This case is rare (but, they can do this!!!)
5. Do the building permits
in BCS, Mexico allow an owner to submit their own architectural design?
If so, what is required?
Well, I guess it depends how good the owner can draw?
Because one thing is a Design scribble on a piece of paper and another,
are the plans for construction permits. They have to be in Spanish
and the use of the metric system to scale; all dimensions shall be
noted in metric. Also, there are Codes to be followed. I’ve known
projects that the client has their Architect in the States draw-design
theirs plans and just get a Structural Engineer to Calculate-Design
Analysis.
So, I would say, Yes! as long as you are aware of
the State Construction Codes and have a local Engineer (Architect)
of Records to sign them off, also they will have to submit for permits.
6. May an owner build their
own structure or must they hire a licensed contractor?
What? Licensed contractor? Ha ha ha he he ... There
is no such thing, yet!!! Here in Mexico Lindo.
Yes, an owner can build their own structure if they
have the knowledge and PATIENCES... What they can not do is build
for others, without the proper emigration legal paper work. But I
repeat if it’s their casita, yes they can built it themselves. I have
assisted a few of my clients in helping them building their own casita.
It’s not really good for the local economy. But, hey “Everything goes
in Love and War... specially where your pocket $$$ is involved”
7. Who is responsible for
paying Worker’s Benefits, the owner or the licensed contractor? What
penalties may be incurred if payments are late?
O.K. now.... The owner is responsible directly for
W.B., only and only if there is a legal contract signed with witnesses
that states in one of its clauses that the contractor is responsible
for all W.B. and labor taxes, then the owner can wash their hands
on this matter. Very important, if the contractor is going to be responsible
for paying W.B. do not let him put your name and the employer because
then you will be responsible, with or without a legal contract. I
strongly suggest, that you hirer a third party to take care of the
social security and all labor taxes, this way you now it will be pay
on time.
