May 6, 2026
On April 29, 2026, the “Decree amending and supplementing various provisions of the Housing Act regarding adequate housing” was published in the Official Gazette of the Federation (Diario Oficial de la Federación). This Decree updates the regulatory framework applicable to national housing policy, with the purpose of guaranteeing the constitutional right to adequate housing.
The Decree introduces significant changes to the Housing Act, strengthening the concept of “adequate housing” as the guiding principle of public policy in this area, as well as the coordination mechanisms among the public, social, and private sectors; incorporating elements that seek to align the legislation with international human rights standards.
Key Aspects
1. Definition of Adequate Housing
The comprehensive concept of adequate housing is incorporated, which must fulfill the elements of accessibility, affordability, habitability, availability of services, security of tenure, location, and cultural adequacy.
2. Human Rights Approach
The obligation to apply the Act under principles of equity, social inclusion, and gender perspective is reinforced, prioritizing groups in vulnerable situations. Notably, female heads of household and victims of gender-based violence are recognized as priority populations in housing programs and instruments.
3. Strengthening of National Housing Policy
The grounds for coordination among authorities and involved sectors are expanded, including financing mechanisms, social housing production, and self-production schemes.
4. Powers of Housing Agencies
Housing financing agencies and institutions are empowered to acquire, construct, rehabilitate, and lease housing; finance self-production schemes; develop land for residential use; and dispose of real property, subject to preserving the financial viability of the funds and protecting workers’ rights.
5. Programs and Subsidies
Criteria are established for the allocation of subsidies, prioritizing individuals in poverty or vulnerable situations, with differentiation based on income levels.
6. Technology and Sustainability in Housing
Financing schemes for the development and application of eco-technologies and new technologies in housing and sanitation must align with the principles of adequate housing, representing a relevant standard for real estate and construction projects.
7. Entry into Force and Budgetary Impact
The Decree entered into force on April 30, 2026. Its transitional provisions establish that any expenditure arising from its implementation must be covered from previously approved budgets, without budget expansions or increases in operating or personnel service expenditures.
The attorneys in our social security practice group remain at your disposal to advise you on the analysis of these provisions.
SINCERELY
Gil Zenteno
Gabriela Méndez
Jesús Carmona