No. In Mexico The concept of a “private beach” does not exist.”No property, however expensive or close to the sea, can own the beach or the strip of sand in front of it. Maritime beaches and the federal maritime land zone (ZOFEMAT) They are common-use assets of the public domain of the Nation (Article 7, sections IV and V, of the General Law of National Assets), and as such are inalienable, imprescriptible and unseizable. The most an individual can obtain on the strip in front of their property is one concession of use and exploitation granted by SEMARNAT, which neither makes him the owner nor authorizes him to close public access.
This is one of the most frequent questions we receive at City Laws, especially from those about to buy a house or a beachfront lot in the Riviera Maya, Tulum, or Cancun. The brochure promises a “private beach,” the salesperson talks about a “federal concession” as if it were a property title, and the buyer imagines a stretch of sand for their exclusive use with gated access. Below, we explain, with the law in hand, what the ZOFEMAT (Federal Maritime-Terrestrial Zone) actually is, what a concession grants and denies, and why closing off access to “your” beach is illegal.
What is ZOFEMAT and why isn't it being purchased?
The basis is in the Constitution itself. Article 27, paragraphs four and five, establishes that the waters of the seas and maritime zones are the property of the Nation, and that the Nation's dominion over them is inalienable and imprescriptible and that its use or exploitation by individuals can only be done through a concession granted by the Federal Executive. There is no sale possible: the Nation does not sell the sea or the beach, at most it grants a concession for its use.
The General Law of National Assets (LGBN) puts it into practice. Article 7 classifies it as common goods Both the maritime beaches (section IV) and the federal maritime-terrestrial zone (section V). And Article 13 is unequivocal: the assets subject to the public domain regime of the Federation are “inalienable, imprescriptible, and unseizable and shall not be subject to any action for recovery of possession or definitive or provisional possession, or any other action by third parties.” In simpler terms: Nobody can own the beach, neither buy it, nor earn it through the passage of time, nor seize it.
What exactly is ZOFEMAT? According to article 119, section I, of the LGBN, when the coast has beaches it is the twenty-meter-wide strip of firm, passable, and contiguous land to those beaches. There are special rules for rocky coasts and cliffs, and on keys and reefs the entire surface is ZOFEMAT. The “maritime beach”, for its part, is the portion of land that the tide covers and uncovers between the limits of the greatest annual ebb and flow (art. 7, fr. IV). Its technical delimitation corresponds to SEMARNAT in accordance with NOM-146-SEMARNAT-2017 (which modified NOM-146-SEMARNAT-2005, DOF 14-12-2017), which establishes the methodology for the identification, delimitation and cartographic representation of the ZOFEMAT and the lands reclaimed from the sea.
The myth of the “private beach”
Herein lies the heart of the misunderstanding. Article 8 of the LGBN states that All residents can use the common goods without any restrictions other than laws and regulations. For “special uses” of them, a concession, allocation, authorization or permit is required; ownership of the adjacent land is also required. No enough and No by itself does not grant any rights over the federal strip.
The beach in front of your house isn't yours. It's for the common use of the entire nation. You can request a concession to use a section of the Federal Maritime-Terrestrial Zone (ZOFEMAT), but that's a usage permit, not a title deed, and it never authorizes you to block access to others.
And there is an additional safeguard that many developments deliberately ignore: Article 8, paragraph three, of the LGBN establishes that Access to the maritime beaches and the adjacent ZOFEMAT (Federal Maritime Zone) may not be inhibited, restricted, obstructed or conditioned., except in cases specified by regulations. Putting up a fence, charging for passage, or denying access to a "private" beach is illegal. The Regulations on the matter (DOF 21-08-1991) reinforce the idea: the beaches and the ZOFEMAT can be enjoyed by everyone, it is prohibited to build works that impede free transit and the adjacent owners are obliged to allow free access when there are no public roads.
So, what can I get? The ZOFEMAT concession.
The most an individual can obtain regarding the strip in front of their property is one concession of use and exploitation From the ZOFEMAT (Federal Maritime-Terrestrial Zone): for example, for a palapa, a pier, ornamental works, or tourist use. It is granted by SEMARNAT (Ministry of Environment and Natural Resources), which is responsible for promoting the sustainable use and development of the zone, as well as its demarcation and delimitation (Article 120 of the LGBN). In practice, the process is handled by the General Directorate of ZOFEMAT; in many coastal municipalities, administration and collection are delegated through coordination agreements, and PROFEPA (Federal Attorney for Environmental Protection) monitors compliance.
The concession allows use exclusive of the concessioned section, but it is important to understand its limitations, because it is not what the marketing promises:
- It does not create real rights. Article 16 of the LGBN is clear: concessions on public domain property of the Federation “do not create real rights”; they only grant, in relation to the administration and without prejudice to third parties, the right to carry out the uses and exploitations authorized in the title.
- It is not property nor for sale. It does not make the beach yours, it is not registered as a private property and it is not transferred as ownership.
- It does not authorize closing public access. The exclusive use of the section coexists with the prohibition of obstructing passage to the beach and the adjacent ZOFEMAT.
- There is a deadline. Concessions for federal properties are granted for a term of up to fifty years, renewable (article 73). Upon termination, the works and facilities permanently attached become the property of the Federation.
- It is revocable. It is extinguished by expiration, waiver, nullity, revocation, lapse, declaration of redemption or impact on national security, among other causes (articles 74 to 76). It does not guarantee indefinite permanence.
Before signing any purchase agreement where the seller boasts about a "private beach" or "concession included," it is advisable to... real estate lawyer Check what actually exists: if there is a current concession title, in whose name, with what validity and with what authorized uses.
Ownership, concession and access: three different things
The confusion almost always arises from mixing three levels that the law keeps separate. This table organizes them:
| Concept | What is | What it DOESN'T give |
|---|---|---|
| Adjacent land | Private ownership of the lot next to the sea (or trust, if it is a foreigner in a restricted area) | It does not include the beach or the ZOFEMAT; it does not grant automatic rights over the federal strip. |
| ZOFEMAT Concession | Permit for use and exploitation of the federal strip, granted by SEMARNAT, for up to 50 years, renewable | It is not property, it does not create real rights, it does not allow access to be closed, it is revocable |
| Public access to the beach | Right of all inhabitants to use and travel on the beach and the adjacent ZOFEMAT (Federal Maritime Land Zone) | It cannot be inhibited, restricted, or conditioned by any owner or concessionaire. |
I am a foreigner and I want a property facing the sea
Two layers come into play here, and it's important not to confuse them with the ZOFEMAT (Federal Maritime-Terrestrial Zone). Article 27, section I, of the Constitution prohibits foreigners from acquiring the direct domain on land and water within the 50-kilometer strip along the beaches (the restricted areaThe entire Quintana Roo coastline—Cancun, the Riviera Maya, and Tulum—falls within that strip.
The legal solution for the adjacent private land is the bank trust With permission from the Ministry of Foreign Affairs: allows a foreigner to use and enjoy the property “without establishing real rights over it”, for a maximum period of fifty years, renewable (Articles 11 and 13 of the Foreign Investment Law). But note: the trust falls on the land adjacent to the beach, but never on the beach or the ZOFEMAT (Federal Maritime Land Zone), which remain national assets separate from the lot. A foreigner holding a trust on a beachfront lot still does not own the sand, and to use the federal strip, they would need, just like a Mexican citizen, a ZOFEMAT concession.
If you're about to buy a beachfront property and want to understand what the documents they show you actually include, at City Laws you can book legal advice to review the land title, the status of the concession, and the access regime before handing over a single peso.
Frequently Asked Questions
Can I buy a private beach in Mexico?
No. Maritime beaches and the Federal Maritime-Terrestrial Zone (ZOFEMAT) are common-use assets of the public domain of the Nation (Art. 7, sections IV and V, LGBN) and are inalienable and imprescriptible (Art. 13). They cannot be bought or sold. The most that can be granted is a concession for use of the federal strip, which is not private property.
Does the ZOFEMAT concession make me the owner of the beach?
No. The concession does not create real property rights; it only grants you, vis-à-vis the administration and without prejudice to third parties, the right to the uses authorized in the title (Art. 16 LGBN). It has a term of up to 50 years, renewable, is revocable, and upon completion of the permanent works, the land reverts to the Federal Government. It is neither a sale nor ownership.
Can I close off access to the beach in front of my house?
No. Article 8 of the LGBN prohibits inhibiting, restricting, obstructing, or conditioning access to maritime beaches and the adjacent ZOFEMAT (Federal Maritime-Terrestrial Zone), except in cases established by regulations. Therefore, as a general rule, closing access or charging for it is illegal, even if the owner has the adjacent land or a concession.
I'm a foreigner, does the trust give me access to the beach?
No. The trust allows you to use and benefit from the adjacent private land within the restricted zone, without establishing real property rights, for up to 50 renewable years (Articles 11 and 13 of the LIE). The beach and the ZOFEMAT (Federal Maritime-Terrestrial Zone) are excluded from the trust: they remain national assets and their special use requires a separate concession.
What happens when the concession ends?
Upon expiration of the term, or its final extension, the works and installations permanently attached to the concessioned property become the property of the Federation (Art. 73 LGBN). The concession may also be terminated earlier due to revocation, expiration, or redemption, among other causes (Arts. 74 to 76). It does not guarantee indefinite permanence.
Legal notice
This content is for informational and educational purposes only, regarding the general regulations governing beaches and the federal maritime-terrestrial zone in Mexico. It does not constitute legal advice for a specific case, does not create an attorney-client relationship, and does not guarantee any outcome. The General Law of National Assets, the Constitution, the Foreign Investment Law, its regulations, and administrative criteria may change and be applied differently depending on the circumstances of each property and concession. Before signing any documents or handing over any money, consult an attorney about your specific situation.
Reviewed by the City Laws legal team
Written by the City Laws editorial team and reviewed by our attorneys under current Mexican law. Meet our team.
⚠️ General informational content, current as of its publication date. It is not legal advice and does not create an attorney-client relationship; laws change and every case is different. For your specific situation, Book a free consultation.