New Law Blocks Property Deals Without Green Light in Quintana Roo

Starting this Friday, notaries and officials of the Public Registry of Property and Commerce are no longer allowed to endorse properties that have been developed without environmental impact permits. The amendment to the Law of Ecological Balance and Environmental Protection, which has just come into effect in Quintana Roo, prevents notaries from endorsing transactions involving properties that lack these permits. This includes hotels, housing complexes, subdivisions, material banks, and public roadways among others.

Furthermore, these properties cannot be registered in the Public Registry. As such, no buying or selling activities can take place without the necessary environmental approval. This amendment was approved in August by the previous legislature, but it took over a month for it to be officially enforced.

The reform includes changes and additions to articles 24, 37 bis, and 45 bis of the Law of Ecological Balance and Environmental Protection of Quintana Roo. According to the newly added article 45 bis, "The Public Registry of Property and Commerce of the State may not register any property title of a subdivision, urban complex, (…) if the express authorizations (…) are not available (…) The owners of the Public Notaries cannot attest or intervene in these types of operations, unless it is demonstrated before them that the environmental impact authorizations are available."

Previously in the state, these operations were unregulated, leading to many individuals building and selling properties without the necessary environmental authorization. The sale of real estate under these conditions was not problematic, as notaries and Public Registry officials were not required to request these environmental permit documents, allowing sales to proceed smoothly.

The legislators stated that this reform aims to protect people's right to a healthy environment. However, this reform only applies to areas under state jurisdiction. Therefore, constructions built on coastal stretches, where the federal government has jurisdiction, will continue to face irregularities, as has been documented in recent years.