Guadalajara, Mexico - The Urban Code for the State of Jalisco was amended last month for the first time since 2009. The Amendment introduces concepts such as accessibility, quality of urban life, bicycle rack parking, low-income condominium, universal urban design, sustainable urban mobility and cultural heritage, among others.

The legal experts at Baker & McKenzie Abogados, S.C. give us the scoop.

Background

The Urban Code for the State of Jalisco (the "Urban Code") was published on the Official Gazette of the State of Jalisco, on Sept. 27, 2008 and became effective on January 1, 2009.

On November 5, 2015 the executive order No. 25655/LX/15 (the "Executive Order") was published on the Official Gazette of the State of Jalisco, whereby provisions of the Urban Code are amended, added and repealed, and provisions to the Criminal Code for the State of Jalisco are added (the "Amendment").

What the Amendment Includes

The Amendment introduces concepts such as accessibility, quality of urban life, bicycle rack parking, low-income condominium, universal urban design, sustainable urban mobility and cultural heritage, among others. Likewise, the Amendment includes the legal frame work for the State Council of Municipal Supervision Experts as an additional agency of the State of Jalisco.

Provisions for the integral development of disabled people are introduced; an increase in the percentage of areas for assignment on housing purposes are included, considering these areas: (i) will be calculated based on the total gross surface area of real property to be developed, and (ii) will be donated to the Municipality.

One of the purposes of this Amendment was to limit the powers of the Administrative Tribunal of the State of Jalisco and the scope of effects of its resolutions.

On the other hand, the authority of the Ministry of Environment and Territorial Development was broadened, as well as those of the Ministry of State Infrastructure and Public Works.

The Amendment adds three articles to the Criminal Code for the State of Jalisco to impose jail terms and fines to public officers, property owners, developers, legal representatives, constructors and construction project directors, who perform conducts classified as criminal offense in this Amendment.

The Executive Order became effective on November 6, 2015. The Municipalities shall issue regulatory provisions within 90 days from then.

For further information in connection with the scope and consequences of the Amendment, please do not hesitate to contact the legal experts at Baker & McKenzie Abogados, S.C. in Guadalajara, Mexico at +52 333-848-5300.