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tonybyrnes

Feb 20, 2005, 10:10 PM

Post #1 of 6 (1203 views)

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obtaining building permits on coast near playa del carmen

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Hello, this is my first inquiry, I hope someone "out there" will help me...

I have just read some of the postings about getting building permits in the Yucatan Peninsula, and I'm left with the impression that this is nearly an impossible situation. Perhaps I'm misreading the messages, but I'm crestfallen to learn that although the Fed will issue approval (which I have) that there is a local authority that consistently holds things up. I'm not referring to the "biological survey" but to the issuance of actual building permits.

I am in the very final stages of purchasing a couple of acres just north of Playa del Carmen, on the beach. It is undeveloped. I'm buying it through a reputable realtor, and my trust is just about set up. Those of who who are experienced in this area, will you please share with me your experiences regarding your building permits?

Question: Just how difficult is it to get the proper permits? Please help me with some input before I plunk down my $$$$$$'s!

Thank you, sincerely, Tony B.

Jim in Cancun / Moderator

Feb 21, 2005, 4:16 AM

Post #2 of 6 (1197 views)

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Re: [tonybyrnes] obtaining building permits on coast near playa del carmen

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Hello and welcome to the board!!

Basically I will leave the details to one or two people here who have more experience with the area that you describe than I do but I will make a few comments in general.

1.- You need to know in what "municipio" you are to start out with. "just north of Playa del Carmen" we can probably assume is in Solidaridad but it could conceivably be Benito Juarez. Either was IT IS THE LOCAL MUNICIPIO which gives the ultimate construction permits--just as in the States. It is not impossible--just probably much more complicated and very different from what you may be accustomed to although if you have done it in the State of Florida it can be quite a compplicated burocratic hassle there as well. And if you don't know the language here, that adds a large degree of confusion and frustration.

2.- Fideicomiso:
a.- If you are talking about "a couple of acres" the SRE (Secretaria de Relaciones Exteriores--the agency that approves--or not--the fideicomiso)will probably require a written committment from you to invest a minimum amount of money in the property over the next few years. I was going to buy a 1.2 acre (1/2 hectare) piece of land a few years ago and they wanted me to promise to invest at least $225,000 usd in the property in the following few years.
b.- Is the trust in your name only or is it in the name of a company?

3.- The local government will be changing over within the next few months so the outgoing people will want to make as much money (personal)as possible while still in power so it may be a good time to work on it. On the other hand, if they hassle too much, just wait for the incoming ones. That is what Xcaret is doing.

Hope this helps and now let's let the really experienced people from "down south" chime in with their experiences.

Good luck

jim

tonybyrnes

Feb 21, 2005, 7:51 AM

Post #3 of 6 (1188 views)

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Re: [Jim in Cancun] obtaining building permits on coast near playa del carmen

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Dear Jim in Cancun,

Thanks for welcoming my first ever post to the board with such a fast and encouraging reply.I feel a little more encouraged, as I expect at least some degree of difficulty.

The munipio is Solidaridad, Q. Roo. Does this area have any special concerns I should be aware of?

I do know about the requirement of investing a set amount within a period of time after the purchase. This is not a problem.

I'd like to find out what experiences people have had when it comes to the biological surveys. The area I am going to build on is pure jungle, at the edge of the sea. I know I will have to clear a site, much of it is covered by mango. This, I am sure will not be easy to do.

Does anybody out there have any stories to share?

Thanks again, Jim.

Tony

Jim in Cancun / Moderator

Feb 21, 2005, 8:03 AM

Post #4 of 6 (1187 views)

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Re: [tonybyrnes] obtaining building permits on coast near playa del carmen

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You said "mango"--do you mean mangrove/mangle/manglar? If so, it is extremely difficult to get permits to fill in swamp land and destroy mangle because this is what protects the reef system. Of course people (mainly big companie$)get away with it. As for Solidaridad--what I said previously applies--they will be changing government officials in April sooooo there will be changes. Laws, procedures and regulations are sufficiently vague that they are interpreted by different people at different times in different ways depending on different criteria and changing times. This can be frustrating and confusing if you expect black to be black and white to be white today AND tomorrow. They may be black and white today and red and green tomorrow ans sometimes it is necessary to "convince" the officials that what is good for the goo$e is also good for the gander. Patience and persistence usually pay off--usually with a pay off.

tankahIII

Feb 23, 2005, 6:23 PM

Post #5 of 6 (1159 views)

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Re: [tonybyrnes] obtaining building permits on coast near playa del carmen

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We bought a lot on the beach in Nov of 2003 and together with many others, have been trying to get permits ever since. It does depend on your zone and the size of your lot if you follow all the requirements, they are giving permits. there are very specific rules for the area from Cancun to Tulum it is called the Cancun- Tulum corredor and the set of rules are called POET. These over ride the local municipality rules. We've had Consuelo (vice head of Solaridad in Playa del Carmen) say many times she would love to give a permit, but can't unless the feds, Semarnat, sign off on the environmental impact study that you must file. The rules they use to sign off are called the POET rules. My experience is that they are very detailed folks and are simply being specific. No bribes. trying to keep the environment from being overrun by chaotic development.

1. Find out exactly where your lot is and what zone you are in. This web site helps if you can get it to work. http://infoteca.semarnat.gob.mx/...te/cancun/viewer.htm drag and click the cursor in the area of your lot. then keep clicking to zoom in. when you can see your zone, click the "i" at the left and then click your zone (probably green on the map) it will give the rules for your zone - you will need to load it into a translator for English. also see the "useo conditional" and "uso incompatible" on the map of your zone for broad restrictions. these are the complete rules for zone 22 near playa del carmen http://infoteca.semarnat.gob.mx/...o/cancun/uga22.htm#1
to see your zone's complete rules, replace the 22 above with your zone #
2. The new government may be more amenable to changing POET rules (may take 3mos-2yrs). until that time you are locked out if your cant meet the rules.

3. check that your density (house sq ft ) is less than 15% of the area on your lot that will be clear or cleared (you cannot clear more than 15% - so I hope it is pretty clear)

4. if you go forward, get a good architect or biologist to do your environmental study who has contacts with Semarnat in Mexico City.

5. since we lived and breathed this obstacle to our dreams for the past year, feel free to e-mail me at sherryharvey@netzero.net and I can talk more on the phone if you wish.

6. Don't give up hope - you have a large lot and that helps more than anything. PS real estate people and builders don't seem to want to give all the details of the real story and will tell you it will all change soon. I hope that part is true.

tankahIII

Feb 23, 2005, 6:32 PM

Post #6 of 6 (1155 views)

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Re: [tonybyrnes] obtaining building permits on coast near playa del carmen

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PS.

If you really have the approved Ambiental (environmental) study (it looks like the attached picture), it is unbelievable that you cant get local approval. all of our cases are just the reverse. Maybe they are just waiting to take new submittals until after the April 1 change over of state government. many jobs are changing in the Solaridad, too.

Attachments:

exemptionpic.JPG (40.3 KB)