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Though we don’t own property on the beach, we know lots of people who do or who want to! So when we heard about the law that was passed this last summer that prevents building within a certain distance from the Federal property line on the local Yucatan Gulf Coast beaches, we were mildly concerned. We asked some of our real estate acquaintances what they knew and what they thought about this new law.
Mitch Keenan, owner of Mexico International Real Estate, was on his way to the States when we asked him about it, with the text of this law as his reading material. He has promised a report back after reading it and discussing it with various colleagues familiar with Mexican laws.
Jennifer Lytle, owner of Tierra Yucatan and recently featured on our Yucatan Living Interviews, has this to say:
On July 21st on the afternoon he was leaving office, the outgoing Governor of Yucatan Patricio Patron Laviada passed a new law for the protection of the coastline. Studies had been ongoing for a number of years looking for recommendations to prevent further coastal erosion, to protect flora and fauna in sensitive breeding grounds, and to conserve the aquifers which provide most of Yucatan’s fresh water.
This law consists of 96 pages of fine print, dividing the coastal areas from Celestun to San Felipe into many coded areas and assigning designations to each as to what can be built there and how.
It seems not to affect existing property in already developed urban areas, but will affect new construction along most of the coast. Exactly how it affects new construction will depend on the exact geographic coordinates of the property and varies widely from case to case. For those owning property, we will be happy to give you the exact details pertaining under the law if you will provide the coordinates.
In most areas, it will be possible to build on any lot of any size, provided the construction is raised above the ground on pilings at least 1.5 meters high to allow the free passage of water and wildlife on the beach. You may not destroy dunes or remove native plants, and where this has been done, the law requires that you help replant and rebuild the dunes.
In some areas, any new construction must be more than 60 meters from high tide – or 40 meters from the federal zone, and there are also restrictions on the percentage of land which may be covered by construction – varying from 10% to 20% in more isolated areas. There are certain height restrictions, but I must emphasize again that there are no general answers – everything depends on the exact location.
As far as implementation, as yet there is no specific authority in charge and the local people here are only just beginning to be aware that the law even exists. It is not being enforced, and construction, renovation and rebuilding is continuing without any modification. I am told that citizens groups are beginning to put forward constitutional challenges to the law, as if it is enforced it will have far-reaching effects on the value of property and especially land on the coast of Yucatan. I personally believe the law will soon be rescinded or greatly modified, as too many interests are at risk. As soon as I have more news, I will write an update. We are all anxiously waiting for clarification from the current state government.
Update as read in the Diario de Yucatan, October 15:
Decreto 801 Will be Modified: After the Commission of Evaluation and Continuity of the Committee of Ecological Regulation, which will occur in the next 15 days, spaces will be opened for public consultation destined to modify this disposition, which currently prohibits reconstruction and giving maintenance to houses that are less than 60 meters from the beach. On October 19, the Committee of Ecological Regulation will meet, for the purpose of installing the Commission of Evaluation and Continuity that will modify Decreto 801. This commission will open space for public comment, opinions, and revisions of everything relevant to the decree, indicated Eduardo Batlori Sampedro, head of the state Secretariat of Ecology.
So there you have it. Stay tuned to Yucatan Living for further updates as we have them.
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Thank you for your report. We are about to close on a beachfront property in Sisal. I will forward a link of your article to our lawyer. I will watch out for more news on this. Thanks again.
interesting developments, so to speak.
Thank you for keeping us inform on what is going ondown there. We are looking to buy property, this imformation is important to us.
Even if/when there is another “new beach law,” I hope they keep the coordinate system so that individual property owners can quickly match their property with the parts of the law that apply to them. That’s a great idea and holds the “fear factor” to a minimum. Great article!
The local newspaper Por Esto! has published several articles on this law, known as “Decreto 801″. (Be aware that Por Esto! has a distinctly anti-PAN political agenda, and to some extent this colors their reporting on this issue).
The latest report, published on October 4 consists of an interview with the Yucatan state Secretary of Ecology, Eduardo Batlori Sampedro. In the interview, he reports that on October 19, the Committee on Ecological Regulation will be reviewing the law, and asking for public input. He notes that he considers the law “poorly edited”, but adds that it includes important provisions for protecting the environment.
Also note — the date the decree was signed by Governor Patron was July 31, not July 21.
Oops, that was a typo. Thank you for correcting us!
Yikes! Thanks for the update. We have land on the coast and have postponed building on it for other reasons… but maybe we should do it while we can!! (or maybe it’s too late already??) I’ll be looking forward to your updates.
Don’t panic, Steve. It seems to us that these new building codes are too complex to be enforced and will eventually be moderated. The situation does make for great press and commentary, however.
We are just about to close on property right on the beach in Chelem, just next to the Sian Khan hotel. I really hope it will be ok for us to fix up the proerty as we plan to move to Chelem and the property will be our home. Any one know if Chelem is in the ’safe’ zone, if there is one?
There are so many houses in Chelem INSIDE the 20m federal zone already, just think if the no rebuild after a hurricane law was enforced there. It must not be though. I know someone 3m from high tide who has hurricane insurance.
[...] it will either be overturned or rewritten. . .for a more thorough review read the latest report in Yucatan Living. [...]
This is the first I’ve heard of the new law, so many thanks go to the Working Gringos for helping us keep up. Like you, I do not own property on the beach, but many do, including some friends.
From your description of the law, it sounds like it fits directly into the currently accepted views of beach preservation elsewhere in the world. The dunes and indigenous plants are key to preserving the balance between land and sea. We’ve seen areas where new houses are being built and plants are simply wiped out, then the house planted far from the access road end of the lot, i.e., close to the sea. Without the plants and dunes, erosion will inevitably set in. Many claim it does not, but it does.
Sand is constantly pushed and pulled by the sea, wind, gravity. Dunes are a reservoir of sand. The plants hold it in place. Without these, there is no reserve. A slow – or fast – depletion of beach results. If new houses were beyond the dunes (back from the sea), the plants protected and only a narrow winding path cleared (or better yet, a raised boardwalk as found in many places on the east coast of the USA, the beach would remain for the new homeowners to enjoy. A few extra steps to walk seems a small price to pay for preserving everyone’s beach.
Another direct cause of erosion is the solid rock-fill pier extending out from the older arched bridge pier at Progreso. Satellite photos clearly show a swirling pattern in the water on either side of the pier, depending on the season. This diversion and intensification of the currents scours the beaches. Dredging out the shipping channel provides a place for the sand to slide down to, speeding the process. Although astronomically higher in cost, an extension of the pier with arches allowing the water to mostly pass through would have been a wiser long-term choice. As it is, sand will have to be trucked or pumped up to the Progreso beach, forever.
I am perhaps pathologically not worried about this. Here’s my take, as posted on Merida Insider:
I’m not worried about this, and, living full-time three meters from the water, I’m sure some will think I should be. But I’m not. And I’m certainly not signing any weird misspelled petitions. Here’s why:
1. I am not a Mexican, and have no business meddling in local politics. First, it’s illegal. Second, it’s ineffectual. No one cares what me and my house in Chelem have to say about it. We have already read in these pages that over 400 beach owning Mexican families are on the case, and they (and their money) are going to carry a whole lot more weight than a bunch of extranjeros having fits.
2. As noted here in an article thankfully translated by Dug, the law is already scheduled for review and revision on October 19th, and large portions of it have been declared unconstitutional. As outlined in item one, the proper people have made the proper stink, and hopefully that will be that. If not, expect more stink.
3. Permits and enforceability. This law is utterly unenforceable. You can’t swing a cat around here without finding someone willing to build you whatever you want, wherever you want, permits or no.
Look, I don’t want to see my property values decline or my house destroyed. And I certainly don’t think this is all part of some big scary Pemex conspiracy. But based on the lawyers and architects I’ve spoken with, I just don’t see this one standing for long…and the outcome, one way or the other, is going to have little to do with my personal panic levels. Relax.
[...] As Jennifer Lytle mentioned earlier, the coast is divided into many regions and each has specific [...]
Many Thanks for the information. We have a beachfront house between Chelem & Chuburna, I wonder whether this is in the specific region? Presumably hurricane insurance is worthless? I agree with malcolm.
This is really an interesting issue. I am considering a lot at Sunset Shores East of Sisal. Does anyone know what restrictions are proposed for that area?
I´m deeply suggested before make any closing for a beachfront property try to get an opinion from SEMARNAT. Just remember, any way ,you will need a Envorimental Impact Studie before you begin to build , in that Studie the Federal Authorities will authorized to You according to the State and Federal regulations allowed.
I think that if You will be worried for some envorimental matter dont lost your time in this matter , be carefull about the property dont have any area with mangrove, there is a new Federal Law about it, more estrictly as the Yucatan Coast Program.
I will be glad to help any one who are interested in Sisal area.
At least they’re making an effort at conservation. I hope they have the strength to enforce.
I’m also interested in Sunset Shores, as John is and don’t seem to see a reply from anyone to whether this area has restrictions or not. Also I’m guessing this law only pertains to persons who purchase beach property, and not perhaps a back lot?
Do lots of investigating before buying anything, anywhere, but most particularly in a foreign country. Be sure you get competent – Independent, Competent – legal advice. Be sure you have someone representing your best interests, not someone who stands to gain from your purchase, who is advising you. Even better, visit and see how many houses are standing in any development, anywhere, and what the prospects are for the development to be ‘built out.’
If you do your due diligence for yourself, you’ll end up happy… most likely.
Note:
Sisal is between Celestun and San Felipe. Note that the generally accepted maximum size of a Fideicomiso-held lot is 2000 sq meters and be prepared for additional legal hoops when trying to buy something larger for residential property.
Thank you very much CasiYucateco for the information. We are just starting our quest for retirement property and have found the Yucatan area to be very appealing. I do agree with you as far as trying to find out as much information on your own with regards to development etc. But were does one start? I’m from Canada and have no connections to anyone within that area. My husband and I have a ton of questions, that we are finding very difficult to get a straight answer or even to find the trustworthy information source. The sources could be trustworthy but how does one know?
I thought Working Gringos had posted contacts for English-speaking attorneys on the website, but I don’t find it at the moment. If you are just getting started, you’ll need to know that land purchases are only completed by a particular type of attorney called a “Notario” which is not anything at all like a Notary Public in the USA. (and I have no idea about Canada).
I’d advise contacting a long-time established Real Estate company like Mexico International (www.mexintl.com) who have long-term relationships with competent legal advisors. They’ve been in business longer than anyone else, as far as gringo-owned and oriented real estate companies.
And check all the real estate websites for beach lots to compare prices. Nearly $200K for a beach lot… better be a darned fine beach lot. To me (and I regularly pinch nickels until they squeak, so take that into account), that is an outrageous amount of money for undeveloped land with or without utilities.
Take a vacation for a week or so and poke around. A couple weeks would give you a feel for the lay of the land. At least you’d have an idea where things are and the current appearance, conditions, etc. Ask 10 ex-pats what to do and you’ll likely get 20 answers.
Luchia John & Kathy,
Like you all we are in the process of buying a lot in Sunset Shores, Sisal Mexico. The lot is 82 feet wide and 348 feet deep. I would believe even with a 180 foot setback we should still be in good shape. We currently live on the water in Virginia. We have a 100 foot setback and I built my house 102 feet from the water.
This time we will build on piers that are 12 feet above mean high water. I don’t want to worry about flooding. The lot is aprox. 14 feet above sea level so add another 12 feet would make the house 26 feet above sea level. I believe that a house above the ground would have little problem with passing a environmental impact study.
I am also would like to have a solar system installed. I have to say we are worried about buying and we are trying to get all the information we can. If anyone knows something that can help people like us please let us know.
Phil, are you sure you want to be 12 (or 26?) feet above high tide? How exactly is that going to look/work? also, check height restrictions…(maybe we’re not reading your comments accurately.)
Maria Luisa & Bill,
Your right my wife said that would be over kill. I’ll check into it further…
Phil
This makes sense! Anyone who considers purchasing land will be wise to build it off the ground (electrical and plumbing included) for long-term investments. On some of the Caribbean islands the same thing has happened and it has actually increased the value of the land.
I built a beachfront home in 2006 and had two good lawyers do all my legal work. It was done by the book. Now I moved here this past year and have seen things I just can’t believe. People seem to be breaking every law that I had to live with when building my home. If I hear “Well, he knows somebody…” one more time! I’ve been told to my face “You just don’t know the right people.” How could I? I’m from Canada. I don’t know anyone here and I know very little Spanish at this point. Is there a law here I’ve never heard of called ‘The “do” and “cannot do” people law’?
Joanne: what lawyer did you use, and where did you build. We are coming to Mexico tomorrow (from Alberta) and would love to know what to do “before” signing anything.
JOANNE: What you have is the peace-of-mind of knowing that you had attorneys who helped you navigate the rules.
What the “rule-breakers” will have (knowingly or unknowingly) is a “look over your shoulder they are coming for your house” worry the rest of the time the house is in the wrong spot, built wrong, built in violation of the law, etc, etc.
People get away with things in Mexico. And in the USA. And in Canada. But people also get caught in all those places too. It sounds like you’ve done what you should to avoid future problems. You’ve done what I would do. Now you can sit back in your comfortable home and watch the rule-breakers squeal like stuck pigs when they get caught. Or, maybe they won’t be caught, but why worry about them?
As the Desiderata says: “always there will be greater and lesser persons than yourself. Enjoy your achievements as well as your plans. … Exercise caution in your business affairs; for the world is full of trickery. But let this not blind you to what virtue there is — many persons strive for high ideals — and everywhere life is full of heroism.” Be a hero!
Is CasiYucateco an ordained minister? religious zealot? priest? shaman? all of the above? There seems to be nothing he does not know about. Should we be very afraid of him? or bow down before him? or both? Just wondering…
Thank you for your kind words. Everything you said is true. The only thing that bugs me is I had to pay for everything to have it done by the law, and then have to watch others do it for free. I worked just as hard for my money to come here and live well too.
Everything that Casi Yucateco said is true. So yes, you should bow down to him. I studied the laws for four years before I did anything here, and there are a lot of different parts of the laws they don’t tell you about on the internet. Or there are old ones and that’s when you get screwed up here to do business. So if he is all knowing, then he did his homework too. Good man.
Heap big medicine.
Big Heap. You decide.
Heap Big Medicine, I was told that even though I bought my beachfront lot in San Bruno last year, I still can’t build under the old law of 40 meters from the beach. What to do???
Hi Jeff, Sorry, I’m not an attorney.
From what I understand, the Beach Law applies to the property, not the purchaser. So, regardless of who owns it or when they first owned, the law applies. (AGAIN, I am not an attorney.)
You should consult your Notario – attorney who handled the closing, and/or, the attorney that represented you in the purchase and with the Notario. (Sometimes, people have more than one attorney through the purchase process).
If you are the same Jeff as the one who provided the Library of Congress maps link, “Thanks!” Those were super cool.
Due to storms, you probably want to be far(ther) from the water anyway, IMHO.
Best of luck on the beach lot. Enjoy!
No, I’m not that Jeff. But you answered my question. I’m from Canada and when I came back this year, I was told of the new law. Why I asked is because there is a home being built on the 40 meters line as we speak.
Building your house farther back is good for the environment, good for you and good for the house. I don’t know anything at all about your location or how this law will be enforced.
If you are like Joanne and follow the laws – even though it may cost more – you’ll have peace of mind. Storms will be less hazardous to your house and enforcement today, tomorrow, or 5 yrs from now will not be a problem. It’s nice to step out your door onto the beach, but the ocean goes where it likes and storms with 20 ft waves give you a new perspective.
Thanks Casi Yucateco. I agree with you. But I still would like to build on my lot in San Bruno like the one going up right now. If a 20-goot or even a 10-foot wave does come to shore, I don’t think it’s going to stop at my house. Maybe just slow down a little for the one behind me.
” Exactly how it affects new construction will depend on the exact geographic coordinates of the property and varies widely from case to case. For those owning property, we will be happy to give you the exact details pertaining under the law if you will provide the coordinates.”
We bought a house in Santa Clara, we would like to add a couple of rooms on, and change the appearance by adding some height to the outside walls, could you tell us of the restrictions in this area, there are new homes bring build close to us.
Google coordinates are 21 degrees 22′ 25.68 N 89 degrees 01′ 11.98 W
Thanks
Jeff, the key words are “Pay a little more”!
What happened to the new beach law? No one seems to be building by it… is it dead in the water?
Where could i get a list of builders and architects who would build on sunset beach in merida yucatan?
Hello- I also am looking into purchasing land in Santa Clara. Some of these lots are only 50 to 60 M deep…..is this new law official, or any changes, updates?
If not could someone be able to share laws about beach fronts in Santa Clara, or is it very specific to each lot,etc.
THANK YOU, Elizabeth
Elizabeth, for an accurate assessment of the current laws, we suggest you contact the good people at Yucatan Expatriate Services and ask them to advise you on this matter. You can read more about them here:
http://www.yucatanexpatriateservices.com
or email them at info@yucatanYES.com
Elizabeth,
I echo the comments of the WGs: you should be asking these questions of a competent real estate attorney in Merida. Not an American ex-pat’s opinion, or a real estate agent’s opinion, but an experienced attorney.
You should find out all the various aspects of owning property and the particular restrictions that come with beach front property. Before going any further and certainly before giving any money to anyone, you should understand the legalities.
If you have visited Santa Clara, then you already know it is a pretty remote location. Perhaps that is what you are looking for. Remote can be good or less good, depending on your personal perspective.
All that said, I hope you find the place of your dreams, without any hassles along the way.
we are about to buy land in sunset shores in yucatan, its not a beach front its the lot behind the beach front lots, we are looking to build few years from now should i have any concerns about future building, i know about hight restrictions the lot have a lagoon at the back any of you know about how far from it i can build, we want everything done by the book so we can enjoy our future home. thanks for your help.
Tom and Tania, we would suggest that you talk to the people at Yucatan Expatriate Services if you have any doubts or questions about the laws in the Yucatan. They can be found at http://www.yucatanyes.com
If you build on the beach, then you deserve to have your house washed away. The beach should be for all, not just the wealthy. No one should be allowed to build any closer than 100 meters from the water. You might think you own a piece of the beach, but no one ever owns anything.