Tulum, Q.R. — Real estate developers who have built without the necessary federal permits could face forced demolition. Mariana Boy Tamborrell, the Federal Attorney for Environmental Protection (Profepa), says the government is moving forward to reverse damage caused by real estate developments built without environmental impact or land use change authorization.
She says part of the damage reversal could include building demolition since the goal is to return land back to its original condition. According to Tamborrell, this measure will be applied in all cases where environmental provisions have been violated in accordance with the General Law on Ecological Balance and Environmental Protection.
Their strategy will also include legislative proposals to increase the amount of fines, prevent subsequent regularizations and strengthen criminal proceedings against those responsible for violating the legal framework, the repercussions of which impact the country’s ecosystems.
“In all cases where environmental regulations are violated, we will seek compensation for the damage. What does this mean for real estate developments? Anyone who fails to comply with their land use change or Environmental Impact Statement will have to return it to the state it was in prior to construction.
“This involves demolishing, leaving the land, the property, as it was before the illegal activity was committed,” she stated adding that fines are no longer an effective deterrent since developers have incorporated these fees into their financial projections.
Tamborrell confirmed the recent suspension of Maiim Tulum, a real estate project located in the coastal region of Tankah IV in Tulum. The three five-story buildings of 30 condos was built without federal environmental impact authorization.
Despite this, it obtained local permits including a land use change granted in 2021 by the Tulum City Council. The company was also granted a construction license in 2022. That same year, the state Secretariat of Sustainable Urban Territorial Development (Sedetus) issued certificates of urban planning consistency.
The civil organization Defending the Right to a Healthy Environment (DMAS) filed an amparo lawsuit against the violations and on May 26, the Fifth District Court based in Cancun ruled in thier favor.
The ruling ordered the revocation of the permits granted and considered that the development was built in an ecologically sensitive area, with coastal scrub and the presence of protected species, without having gone through the Environmental Impact Assessment Procedure.
The ruling establishes that the authorities committed a serious omission contrary to the principle of environmental prevention.
Tamborrell says Profepa (Federal Attorney’s Office for Environmental Protection) is currently in talks with the Ministry of Environment and Natural Resources (Semarnat) to initiate the corresponding administrative procedure, which could result in the demolition of the development.
Tamborrell says Profepa (Procuraduria Federal de Proteccion al Ambiente) has found similar real estate development issues in Baja California, Campache and Yucatan, however, the state of Quintana Roo is considered a ‘red flag’ where developers often ignore Profepa closures.
In recent weeks, federal inspectors have shut down real estate projects in Puerto Morelos, Cozumel, Playa del Carmen and Tulum for failing to have the necessary federal permits.
