On April 4, 2024, the “BILL AMENDING THE NAME, AS WELL AS AMENDING AND ADDING DIFFERENT PROVISIONS TO THE MEXICO CITY TOURISM LAW” (the “Bill”) was published in the Federal Official Gazette of Mexico City.

The purpose of the Bill is to regulate the offer of tourist activities and stays. However, one of the most relevant provisions is the creation of a registry of individuals or legal entities that make available to tourists, partially or totally, a real estate property to provide the tourist stay service (hereinafter “Hosts”), and of the technological platforms in Mexico City (the “Technological Platforms”), through which the tourist stay service is offered.

This is the first time that the Technological Platforms are regulated in Mexico.

In connection with the foregoing, it is important to emphasize Chapter II of Title V, regarding the service of temporary stays in real properties for residential use in exchange for consideration (“Temporary Tourist Stay”), which deals with:

1. The registry of Hosts (“Host Registry”) and the registry of Technological Platforms (“Technological Platform Registry”) will be administered by the Ministry of Tourism of Mexico City (the “Ministry”) whose purpose is (Article 61 Bis):

• To identify the Hosts and Technological Platforms;
• Identify the residential properties where the Temporary Tourist Stay is provided; and
• To integrate a reliable database.

2. The determination of the following obligations of the Hosts (Article 61 Ter):

• To register in the Host Registry;
• To register their real estate properties;
• To provide to the tourists clear, certain and detailed information of the characteristics, prices and rules of use of the offered property;
• To display emergency numbers;
• To provide biannually to the Ministry, a report of the number of occasions in which the properties have been occupied;
• To have safe and hygienic facilities;
• To inform the neighbors about the tourist use of the offered properties;
• To guarantee the security requirements;
• Comply with tax obligations;
• Complete their registration;
• Protect personal data;
• To watch that the housing is not occupied for activities that disrupt the public order; and
• Any other requirements outlined in the applicable law.

3. The obligations of the Technological Platforms (Article 61 Quater).

4. The following data shall be recorded in the Host Registry (Article 61 Quinquies):

• Host information, name and nationality;
• Documents related to the characteristics of the real estate property, the ownership of the property, policies and payment of services and contributions related to the property;
• Documents related to the Host's tax situation; and
• Contact information.

5. The data to be registered in the Technological Platform Registry (Article 61 Septies).

For each real estate property that is included in the registry, a record and folio will be issued. Said folio must be recorded in the platform or platforms in which the real estate property is offered. This recording is valid for one year and must be renewed within thirty (30) calendar days before its expiration.

Learn more about this Bill here.

This content was prepared by Diego Gómez-Haro ([email protected]), Rafael Villamar ([email protected]), Alfredo Villarreal-Hansmann ([email protected]), José Miguel Ortiz-Otero ([email protected]), Elsa Leticia Neve-Ramírez Wiella ([email protected]), Oscar Alberto Duran-Ramírez ([email protected]), Alberto Lezama-Gutiérrez ([email protected]), and José Francisco Pamanes-Cantú ([email protected].)