Agreement Establishing Maximum Rental Amounts by Zone and Property Type Under Article 146 of the General Law of National Assets — SHCP — MX

DOF: 02/10/2024

AGREEMENT establishing the maximum rental amount by zones and types of properties referred to in Article 146 of the General Law of National Assets

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, Autonomous Administrative Body of the Ministry of Finance and Public Credit, based on the provisions of Articles 27 of the Political Constitution of the United Mexican States; 2, 17, 26 and 31 fraction XXX of the Organic Law of the Federal Public Administration; 101 fraction X, 142, 143 fraction XII and 146 of the General Law of National Assets, 4, section G, fraction V; 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit, 1, 3 fraction V, 4 fraction I, subsection a) and 6, fractions V and IX, of the Regulations of the Institute of Administration and Appraisal of National Assets, and

CONSIDERING

That, fraction XII of Article 143 of the General Law of National Assets establishes that prior to the celebration of lease contracts, it will be the responsibility of the Ministry to issue a ruling on the amount of rents that the dependencies, the administrative units of the Presidency of the Republic and the entities must pay when they have the status of lessees.

That, fraction IX of Article 6 of the Regulations of the Institute of Administration and Appraisal of National Assets (INDAABIN), confers upon the President of this Institute the authority to fix the maximum amount of rents by zones and types of properties referred to in Article 146 of the aforementioned Law.

That, in accordance with the provisions of items 151, 152 and 160, fraction III of the Agreement establishing the provisions in Matter of Material Resources and General Services, published in the Official Gazette of the Federation on July 16, 2010, whose last reform was published in the Official Gazette of the Federation on April 5, 2016, hereinafter (Provisions), it corresponds to INDAABIN to fix the maximum amount of rent that public institutions may agree with the owner of each property, according to the zone in which it is located and the type of property in question.

That, with the aim of complying with the provisions of fraction VII of Article 12 of the INDAABIN Regulations, the General Director of Appraisals and Works of this Institute proposed to me the establishment and updating of the maximum rental amounts by zones and types of properties, for the effects provided for in Article 146 of the General Law of National Assets, items 152 and 160, fraction III, of the Provisions, so taking into consideration what was stated above, I have deemed it appropriate to issue the present:

AGREEMENT ESTABLISHING THE MAXIMUM RENTAL AMOUNT BY ZONES AND TYPES OF PROPERTIES REFERRED TO IN ARTICLE 146 OF THE GENERAL LAW OF NATIONAL ASSETS.

ARTICLE 1.- The maximum rental amounts by zones and types of properties, referred to in Article 146 of the General Law of National Assets and item 152 of the Provisions, are established.

ARTICLE 2.- In the case of new lease contracts, as well as renewals, whose object is properties without parking spaces, located in any zone of the national territory, referred to in fractions I and III of item 141 of the Provisions, the amount of rent that the dependencies, the Office of the Presidency of the Republic and the entities agree upon as lessees, may not exceed the amount of $370.00 (Three hundred seventy pesos 00/100 M.N.) per square meter of rentable area, before the Value Added Tax.

For the same classes of properties mentioned above, but which have parking spaces, provided that the number of spaces established in local construction regulations is met, the amount of rent agreed upon may not exceed the amount of $412.00 (Four hundred twelve pesos 00/100 M.N.) per square meter of rentable area, before the Value Added Tax.

For new lease contracts or renewals, whose object is the properties indicated in the two preceding paragraphs, the dependencies, the Office of the Presidency of the Republic and the entities, may not agree upon as lessees amounts higher than those already mentioned, even if the amount indicated in the rental appraisal ruling is higher.

ARTICLE 3.- In the case of new lease contracts or renewals, whose object is the properties referred to in item 141, fraction II of the Provisions, the maximum rental amount that the dependencies, the Office of the Presidency of the Republic and the entities may agree upon as lessees, will be at most that which is stated in the traditional rental appraisal ruling.

ARTICLE 4.- In the case of renewals of leases, whose object is the properties provided for in item 141 of the Provisions, in which the rentable area is modified, it will be necessary to request the issuance of a new traditional rental appraisal ruling and it will be required to obtain authorization for the new lease.

ARTICLE 5.- The rental appraisal rulings issued by INDAABIN only cover the legal acts celebrated within the validity of the ruling; once this period has concluded, the rental appraisal ruling loses validity and shall not be used as support for any contract.

For renewals of lease contracts, whose object is the properties indicated in Articles 2 and 3 of this agreement, the dependencies, the Office of the Presidency of the Republic and the entities, may not agree upon as lessees amounts higher than that of the previous contract based on a rental appraisal ruling with expired validity, even if such amount is equal to or lower than the maximum amount of the expired instrument.

ARTICLE 6.- It will not be necessary to request an update of the rental appraisal when the lessee agrees with the owner a rental amount equal to or lower than the amount of the immediate previous contract, provided that said previous amount was supported by a rental appraisal ruling issued by INDAABIN.

ARTICLE 7.- In the case of properties defined in item 141 of the Provisions, in all zones in which the amount of rent agreed upon does not exceed $9,480.00 pesos (Nine thousand four hundred eighty pesos 00/100 M.N.) monthly before the Value Added Tax, it will not be necessary to obtain a rental appraisal, in accordance with the second paragraph of Article 146 of the General Law of National Assets.

ARTICLE 8.- The interpretation of this Agreement, as well as the resolution of unforeseen cases, will correspond to the General Director of Appraisals and Works of INDAABIN.

TRANSITORY CLAUSES

FIRST.- This Agreement will enter into force on the day of its publication in the Official Gazette of the Federation and will produce legal effects from January 1, 2025.

SECOND.- The Agreement establishing the maximum rental amount by zones and types of properties, referred to in Article 146 of the General Law of National Assets, published in the Official Gazette of the Federation on October 9, 2023, is hereby repealed.

Mexico City, September 24, 2024.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Signature.

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