MEXICO Law and Practice Contributed by: Roberto Cannizzo, Carlo Cannizzo, Stefano Amato and Mauricio Moreno-Rey, Cannizzo
4.5 Right of Appeal Against an Authority’s Decision
required to participate. Examples of such federal authorities include the Ministry of the Environ - ment and Natural Resources (SEMARNAT) and the National Institute of Anthropology and His - tory (INAH). 4.4 Obtaining Entitlements to Develop a New Project Local Licences and Permits In order to be legally entitled to develop a new project and carry out a major refurbishment, it is necessary to obtain, at a local level, a construc - tion licence to be able to build, extend, modify, repair, install, demolish and dismantle a work or installation. Also, in certain cases, building permits for historical monuments and archaeo - logical zones are required. In the case of Mexico City, due to water supply shortages, water feasi - bility documents issued by the government are sometimes required. Third-Party Objections and Approval Considering that the regulation of construction matters is the responsibility of each state, it is necessary to analyse local construction regula - tions to determine the rights of third parties to object to construction projects. In certain pro - jects, an Environmental Impact Authorisation is required, involving third parties and, in some cases, neighbours, or a public consultation pro - cedure is initiated. Finally, third parties can file appeals against the issuance of construction licences. In the case of environmentally sensitive infra - structure projects, which may include pipelines, the community may be part of the process through a public consultation.
An appeal for review is available against a refusal to grant a construction licence for any type of work, or other decisions arising from construc - tion regulations. Likewise, nullity and amparo proceedings may be initiated. Depending on the authority, it is also common for other procedures to be initiated, in the event that a new project is not approved. 4.6 Agreements With Local or Governmental Authorities Agreements with the authorities or with utility suppliers are usually required in the following areas: • the provision of public services such as elec - tricity, drinking water and sewerage; • the development of destination areas for infrastructure, urban equipment, green areas and roads for real estate developments; and • concessions (such as ZOFEMAT (Federal Maritime Terrestrial Zone) and port authorisa - tions). In some cases, where the projects have certain density or requirements, the developer might enter into agreements with the authorities to build certain infrastructure, which may include treatment plants, roads, energy infrastruc - ture, etc, and then have the said infrastructure assigned to the municipality or to the energy company (CFE). 4.7 Enforcement of Restrictions on Development and Designated Use Failure to comply with the restrictions on devel - opment and designated use are sanctioned by each state or municipality depending on the location of the real estate and on the relevant violation. Sanctions usually include the tempo -
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