Urgencias en la regulación de fraccionamientos cerrados ante las lagunas y antinomias en el marco jurídico mexicano

Abstract

The presented analysis attempts to address the complexity of establishing the parameters for territorial sorting according to the various normative resources regulating urbanization and construction of the "latest" housing formats offered by the real state market.. This situation is replicated in Mexican and Latin American cities. The gatted communities typology seems irrelevant in the current laws and regulations on urban development. However, this typology has disseminated and reproduced rapidly in practice, leaving evidence of legal gaps and lack of control to the legal establishment of the spatial attributes (urban and architectural), the legal constitution of representatives, the administration of services, and the public nature of public spaces (parks and squares). The latter produces imbalances in segregation, inequality, vulnerability, and insecurity, demonstrating the legal incapacity of the municipalities responsible for quantitative compliance (salable area, land use, infrastructure, and spaces session), but not for the evaluation of other determining factors to ensure habitability. A comparative analysis allowed the identification of the distinct aspects related to the control of gatted communities and the demonstration of the urgency of homologation and addition of issues within the regulatory framework. The enablement of such products in the State of Nuevo Leon or any other Mexican region may improve their operating conditions.