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Unlawful Tulum condo structure ordered for demolition by Profepa

Environmental authorities in Tulum, a popular Caribbean resort city, have been mandated to ensure comprehensive environmental rehabilitation at an unlawful construction site.

Authorities instructed to demolish the unlawful Tulum condo construction site
Authorities instructed to demolish the unlawful Tulum condo construction site

Unlawful Tulum condo structure ordered for demolition by Profepa

In a significant environmental ruling, the Federal Attorney's Office for Environmental Protection (Profepa) has been ordered to ensure the full demolition and restoration of the unauthorized Adamar condominium in Tulum, a Caribbean resort city [1][2][3]. The court ruling, issued on August 14, 2025, comes after Profepa failed to adequately supervise or implement restoration measures following earlier orders to halt construction.

The Adamar project, located just south of the Xcacel Xcacelito Sea Turtle Sanctuary in Tulum, was built without proper environmental impact authorization from the Ministry of Environment and Natural Resources (Semarnat) [2]. Reports of the illegal construction were widespread, with coverage from El Quintanarroense, La Jornada, El Punto sobre la i, Riviera Maya News, and El Economista [2].

The development, a seven-story structure intended to feature 24 apartments and penthouses, was found to have damaged protected habitats for endangered species such as sea turtles and protected birds [2]. Profepa had previously shut down the project multiple times due to lack of permits, but had only stopped construction without ensuring restoration or demolition of the illegal structure.

The legal battle was sparked by a lawsuit filed by a Tulum resident and supported by the environmental group Defending the Right to a Healthy Environment (DMAS), which challenged Profepa’s failure to enforce corrective actions to protect the environment. The judge emphasized Profepa's responsibility to "finish what they started" by demolishing the building and restoring the ecosystem [2][3][4].

The affected land is 731 square meters, and the court order commands Profepa to collect outstanding fines totaling approximately 1.4 million pesos (around US $74,000) from the developer, Desarrollos Tulum Dieciséis, SAPI de CV [1][3]. The developer, despite seeking to rescue the project, was denied permission to carry out an environmental impact study [2].

Monica Huerta, an attorney with DMAS, celebrated the ruling for safeguarding the public's collective interest and ensuring access to the courts. Profepa has 10 days from the ruling to appeal, but the court’s decision underscores governmental accountability in monitoring illegal developments and restoring damaged ecosystems [3]. The ruling signals stronger judicial support for citizen environmental rights enforcement and may facilitate more injunctions demanding protection of healthy environments in Mexico [2].

To ensure full restoration, Profepa must obtain a demolition request from Semarnat for the remaining structure of the Adamar condominium. Once demolished, the lot must be completely cleared. The developer ignored two legal injunctions to temporarily halt construction - the second issued in February. Profepa's director, Mariana Boy, had previously stated her agency was committed to reversing damage caused by real estate developments built without proper environmental impact or land use change authorization [2].

Access to a healthy environment is a right, and the State is obligated to guarantee it for future and existing generations, according to Huerta [4]. These details summarize the latest environmental restoration and legal developments regarding the shuttered Adamar condominium in Tulum as of August 2025.

References: [1] El Quintanarroense [2] La Jornada [3] El Punto sobre la i [4] Riviera Maya News [5] El Economista [6] Defending the Right to a Healthy Environment (DMAS)

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