{"id":13206,"date":"2026-07-13T17:00:00","date_gmt":"2026-07-13T22:00:00","guid":{"rendered":"https:\/\/citylaws.com.mx\/?p=13206"},"modified":"2026-07-26T09:10:08","modified_gmt":"2026-07-26T14:10:08","slug":"zofemat-playa-privada-concesion","status":"publish","type":"post","link":"https:\/\/citylaws.com.mx\/en\/abogado-inmobiliario\/zofemat-playa-privada-concesion\/","title":{"rendered":"ZOFEMAT: Can a property have a private beach? Federal maritime-terrestrial zone concessions"},"content":{"rendered":"

No. In Mexico The concept of a \u201cprivate beach\u201d does not exist.\u201d<\/strong>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)<\/strong> 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<\/strong>. The most an individual can obtain on the strip in front of their property is one concession<\/strong> of use and exploitation granted by SEMARNAT, which neither makes him the owner nor authorizes him to close public access.<\/p>\n

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 \u201cprivate beach,\u201d the salesperson talks about a \u201cfederal concession\u201d 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 \u201cyour\u201d beach is illegal.<\/p>\n

What is ZOFEMAT and why isn't it being purchased?<\/h2>\n

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<\/strong> and that its use or exploitation by individuals can only be done through a concession granted by the Federal Executive<\/strong>. There is no sale possible: the Nation does not sell the sea or the beach, at most it grants a concession for its use.<\/p>\n

The General Law of National Assets (LGBN) puts it into practice. Article 7 classifies it as common goods<\/strong> 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 \u201cinalienable, 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.\u201d In simpler terms: Nobody can own the beach<\/strong>, neither buy it, nor earn it through the passage of time, nor seize it.<\/p>\n

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<\/strong> to those beaches. There are special rules for rocky coasts and cliffs, and on keys and reefs the entire surface is ZOFEMAT. The \u201cmaritime beach\u201d, 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.<\/p>\n

The myth of the \u201cprivate beach\u201d<\/h2>\n

Herein lies the heart of the misunderstanding. Article 8 of the LGBN states that All residents can use the common goods<\/strong> without any restrictions other than laws and regulations. For \u201cspecial uses\u201d of them, a concession, allocation, authorization or permit is required; ownership of the adjacent land is also required. No<\/em> enough and No<\/em> by itself does not grant any rights over the federal strip.<\/p>\n

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.<\/p><\/blockquote>\n

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.<\/strong>, 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.<\/p>\n

So, what can I get? The ZOFEMAT concession.<\/h2>\n

The most an individual can obtain regarding the strip in front of their property is one concession of use and exploitation<\/strong> 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.<\/p>\n

The concession allows use exclusive<\/em> of the concessioned section, but it is important to understand its limitations, because it is not what the marketing promises:<\/p>\n