During the global COVID-19 pandemic, there was a significant increase in the number of home-operated businesses. While some employees opted for remote work, others sought new business opportunities as their traditional jobs were temporarily suspended to protect public health.

Working from home offers several benefits, such as avoiding commuting time and spending more time with family. However, some home businesses can negatively impact neighbors and the community. That’s why we’ve prepared this guide for people affected by a neighbor’s business and who need to know how to protect their rights.

Inspired by the work of attorneys Emily Doskow and Line Guillen, this article analyzes Mexican laws that protect both property owners and tenants from businesses that disrupt the peace of the community, as well as the legal actions that can be taken if a home-operated business affects their well-being.

Understanding Your Rights

Can a neighbor operate a business from their home?

‍In Mexico, regulations determining whether a person can run a business from their home are governed by local land use or zoning laws. Each municipality has its own regulations on land use, specifying what activities can be carried out in each area (residential, commercial, industrial, etc.).

Zoning and land use laws are local in nature, meaning each municipality may have different rules. You can review the land use regulations on your municipality’s website or by visiting the urban planning or development office. In urban areas, municipalities often have a land registry with information on zones and their restrictions.

How does zoning affect a residence?‍

In residential areas, commercial or industrial activities that disturb public order or the peace of neighbors are generally prohibited. However, in mixed-use or commercial zones, authorities may allow certain types of businesses. Zoning may also permit businesses within single-family homes, provided they do not disturb neighbors.

When buying property, it’s recommended to review the land use of the area to ensure no commercial activities could affect your quality of life. Just because your property is in a residential zone doesn’t mean all neighbors are bound by the same restriction. Your neighbor may have permission to operate a business as long as they comply with local regulations.

Additionally, it’s important to stay informed about any changes to land use or zoning modifications, as these could allow commercial activities where they were previously prohibited. If you learn that your neighbor is requesting a zoning change to operate a business that could affect you, you can voice your opposition at the corresponding public hearings.

Reviewing Condominium Rules

If you live in a condominium or a housing complex with a homeowners’ association or private management, you should review the internal regulations or "Covenants, Conditions, and Restrictions" (CC&Rs). These documents establish the rules that property owners must follow within the community and often specify whether businesses are allowed within residences.

In Mexico, condominium regulations often prohibit commercial activities in residential units that alter the residential use of the property. However, some homeowners may request special permits to operate certain types of businesses, such as clinics, offices, or small workshops, as long as they don’t disrupt the community or order.

If you find that a neighbor is running a business that violates these rules or affects your well-being, you have the right to file a complaint with the condominium management or, if applicable, approach the relevant authority, such as the Social Attorney’s Office or the corresponding local delegation.

Actions to Take if a Business Affects You

1. Check land use regulations: Verify your municipality’s zoning laws to ensure your neighbor’s business is legal in the area.
2. Review condominium rules: If you live in a condominium or housing complex, check the rules to determine if any regulations are being violated.
3. File a formal complaint: If the business disrupts the community's peace, you can file a complaint with the municipal authority, the Social Attorney’s Office, or even the civic judge.
4. Seek solutions through dialogue: Before taking legal action, try to resolve the conflict through dialogue with your neighbor or the condominium management.

Remember that in Mexico, the right to peace and living without unnecessary disturbances is protected by law, and there are legal mechanisms to address these issues.