Controversy in Tulum: Illegal Property Development Faces Calls for Demolition

ADAMAR Development on Soliman Bay Faces Legal and Environmental Scrutiny

In a significant legal development, the civil association Defendiendo el Derecho a un Medio Ambiente Sano, A.C.(DMAS) has successfully prompted the Second District Court to instruct the Public Property Registry of Solidaridad municipality to issue a cautionary notice. This notice serves to inform potential buyers about the illegal circumstances surrounding the construction of ADAMARin the Solimán Bay area of Tulum.

Construction Without Permits

The controversy began in November 2023 when Desarrollos Tulum 16 SAPI de CV, the developer behind ADAMAR, initiated construction without securing the necessary federal, state, and municipal permits. Notably, the project lacked:

• An Environmental Impact Authorization from the Secretariat of Environment and Natural Resources (Semarnat).
• A land use change permit.
• A municipal construction license.

These omissions were confirmed by inspections from the Federal Attorney for Environmental Protection (Profepa), which led to closure orders and the placement of seals on the construction site.

Legal Actions and Environmental Concerns

DMAS, led by director Antonella Vázquez, filed complaints across all government levels, providing evidence of the development’s non-compliance. Despite these efforts, the developer continued construction, prompting Profepa to file two criminal complaints and impose a fine of 400,000 pesos, along with an order to restore the affected area.

The construction site is situated near Xcacel-Xcacelito, a critical nesting area for sea turtles, raising significant environmental concerns. Environmentalists argue that the development threatens local wildlife and disrupts the delicate coastal ecosystem.

In response to DMAS’s legal actions, the Second District Court mandated a preventive annotation in the Public Property Registry. This measure aims to caution potential buyers about the legal irregularities of the ADAMAR project. Despite this, real estate agents have reportedly continued marketing the property’s 24 luxury apartments, raising concerns about consumer protection and market transparency.

DMAS has criticized the inaction of governmental authorities in enforcing environmental and urban regulations. The association emphasizes that, despite clear evidence and legal orders, construction persists, highlighting systemic issues in regulatory enforcement. Vázquez has indicated that DMAS plans to escalate the matter to international bodies, including the Inter-American Commission on Human Rights (CIDH), to seek further redress.