MEXICO Law and Practice Contributed by: Roberto Cannizzo, Carlo Cannizzo, Stefano Amato and Mauricio Moreno-Rey, Cannizzo
3.9 Effects of a Borrower Becoming Insolvent Under Mexican law, a borrower’s security inter - ests in favour of a lender cannot be deemed invalid solely due to the borrower’s insolvency. However, if a borrower’s grant of security affects their creditors and leads to the borrower’s insol - vency, the creditors may request that the secu - rity be declared void, as long as their claim pre - cedes the grant. 3.10 Taxes on Loans As indicated in 3.4 Taxes or Fees Relating to the Granting and Enforcement of Security , lend- ers’ and borrowers’ payment of recording fees or similar charges in connection with mortgage loans are generally imposed at the state level and can vary from one state to another. Addition - ally, there will be the notary fees; in practice, the borrowers will absorb the aforementioned fees in relation to mortgage or mezzanine loans, though this may vary depending on the transaction and the agreement between the parties. 4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning In Mexico, municipalities are the entities author - ised to regulate planning and zoning matters, following certain guidelines established by the Federal Congress and the states. At state level, the applicable provisions are in the State Partial Development Plans, and, at the municipal level, in the Municipal Development Plans and the Urban Development Plans. In addition, see the environmental provisions in 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law .
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction For legislative and government controls typi - cally applicable to the design, appearance and method of construction of new buildings or refurbishment of existing buildings, see 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law and construction regulations. In addition, various aspects, modalities and limita - tions regarding the construction and refurbishing of existing properties are usually included in the provisions that regulate condominiums, which are regulated by local laws. 4.3 Regulatory Authorities In relation to the regulation of the development and designated use of individual parcels of real estate, see 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law . The most common requirements set forth by plans involve the protection of natural resources, proper implementation of services, and integra - tion with the surrounding environment. Addition - ally, these plans often impose legal restrictions, such as the prohibition of urbanisation in certain areas, the requirement to leave specific areas free of construction, and restricted areas due to the presence of railway facilities, drinking water systems, drainage, electricity, telecommunica - tions and roads. The authority responsible for oversight typi - cally depends on the jurisdiction; municipal or state authorities are usually involved. However, for certain projects, particularly those in coastal areas or involving archaeological sites or histori - cal monuments, federal authorities may also be required to participate. Examples of such federal authorities include the Ministry of the Environ - ment and Natural Resources (SEMARNAT) and
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