Mexico to Demolish Illegal Resorts in Environmental Crackdown

Cancún, Mexico — The Federal Attorney for Environmental Protection (Profepa) will seek to ensure that real estate and tourism developments built in Mexico without environmental impact authorization or proper land-use permits restore the environmental damage caused, including returning the land to its original condition—which may involve demolishing the illegal structures.

In an interview with EL UNIVERSAL, Profepa’s head, Mariana Boy Tamborrell, explained that this measure will apply in all cases where environmental regulations have been violated, in accordance with the precautionary principle established in the General Law of Ecological Balance and Environmental Protection (LGEEPA).

The strategy will also include legislative proposals to increase fines, prevent retroactive regularization, and strengthen criminal penalties for those who violate environmental laws, which have significant impacts on the country’s ecosystems.

Restitution Through Demolition

“In all cases where environmental regulations are not followed, we will seek reparations for the damage. What does this mean for real estate developments? Any project that fails to comply with land-use changes or an Environmental Impact Statement (MIA) will have to return the land to its previous state,” Boy Tamborrell stated.

“This may involve demolition—leaving the property as it was before the illegal activity took place,” she added.

First Case: MAIIM Project in Tulum

When asked directly, Boy Tamborrell confirmed that the first case under this policy involves the MAIIM project, located in the coastal region of Tankah IV in Tulum, Quintana Roo. The complex—comprising three five-story buildings and 30 condominiums—was constructed without federal environmental impact authorization. Despite this, it received local permits, including a land-use change granted by the Tulum municipal government in 2021 and a construction license issued in 2022.

The same year, the state’s Secretariat of Sustainable Urban and Territorial Development (Sedetus) issued urban compliance certificates.

The civil organization Defendiendo el Derecho a un Medio Ambiente Sano (DMAS) filed an injunction against these permits, and on May 26, the Fifth District Court in Cancún ruled in its favor. The court ordered the revocation of the permits, stating that the development was built in an ecologically sensitive area with coastal scrubland and protected species, bypassing the Environmental Impact Assessment (PEIA) process.

The ruling found that authorities committed a serious omission, violating environmental prevention principles. Antonella Vázquez Cavedón, a representative of DMAS, stated that Profepa—also named in the injunction—has full legal authority to order the site’s closure and restoration, which could include demolition.

Nationwide Enforcement

Boy Tamborrell noted that while Profepa has not yet been formally notified of the court’s decision, it is already coordinating with the Ministry of Environment and Natural Resources (Semarnat) to initiate administrative proceedings, which could lead to the demolition of the development.

She emphasized that this issue is not limited to Quintana Roo. Similar patterns have been identified in other states, including Yucatán, Campeche, and Baja California. However, she acknowledged that Quintana Roo is a “red flag” due to intense real estate pressure in environmentally valuable coastal areas, where illegal construction persists.

Last week, Profepa shut down three construction projects in Puerto Morelos for lacking environmental impact permits.

Tougher Penalties Ahead

Boy Tamborrell stressed that financial fines alone are no longer an effective deterrent, as many developers now factor these penalties into their financial projections. As a result, Profepa is considering not only administrative sanctions but also criminal charges where warranted.

With these measures, Profepa aims to end a common practice in the state, often summarized by the phrase: “In Quintana Roo, it’s better to ask for forgiveness than permission.”

The agency will continue inspection operations at both ongoing and completed construction projects, responding to citizen complaints.