Mexico's ZOFEMAT: What the Federal Beach Zone Means for Your Cabo Property

Every beach in Mexico is public property. So is the 20-meter strip of land between the beach and your beachfront lot line. This strip — the ZOFEMAT, or Zona Federal Marítimo Terrestre — is one of the most misunderstood aspects of Mexican real estate. I have watched buyers get confused by sales pitches claiming "private beach," angry when they realize the beach is not actually theirs, and occasionally misled about what their ZOFEMAT concession actually allows. Here is everything you need to know before buying beachfront in Los Cabos.

What the ZOFEMAT Actually Is

The ZOFEMAT — Zona Federal Marítimo Terrestre — is established by Article 27 of the Mexican Constitution and defined in the Ley General de Bienes Nacionales (General Law of National Property). It is a 20-meter-wide strip of solid, traversable ground measured from the highest point reached by tidal waters, extending inland. On the ocean side of the ZOFEMAT is the beach itself, which is also federal property.

Both the beach and the ZOFEMAT are classified as bienes nacionales — national assets that belong to the Mexican people collectively. They cannot be sold, transferred, or encumbered. This applies equally to Mexican citizens and foreigners. A Mexican billionaire cannot own the beach in front of their Punta Mita estate any more than an American buyer can own the beach in front of their Palmilla villa.

This is not a recent regulation. The concept of the federal maritime zone has been part of Mexican law since the 1917 Constitution. It is fundamental to Mexican property law and is not going to change.

ZOFEMAT Concessions: Usage Rights Without Ownership

While the ZOFEMAT cannot be owned, it can be used under a federal concession. A concession grants specific usage rights over a defined portion of the federal zone for a renewable period (typically 5-20 years). The concession holder can:

• Place palapas, beach chairs, umbrellas, and sun beds
• Build non-permanent structures (beach bars, shower facilities, walkways)
• Maintain and groom the beach area within the concession
• Control access to the concession area (not to the beach itself)

The concession holder cannot:

• Build permanent structures on the ZOFEMAT
• Block public access to the beach
• Fence off the beach or ZOFEMAT from public use
• Claim ownership or sell the ZOFEMAT area

In Los Cabos, most resort developments hold ZOFEMAT concessions for their beachfront areas. This is how developments like Chileno Bay, Costa Palmas, and Palmilla maintain their beach clubs, pools, and beachside dining — they have federal authorization to use the ZOFEMAT, but they do not own it.

The "Private Beach" Myth

No beach in Mexico is private. When a development markets a "private beach" or "exclusive beach access," what they actually mean is one or both of:

1. The development holds a ZOFEMAT concession that allows them to control access to the concession area (the maintained section of ZOFEMAT with palapas, chairs, and services).
2. The only practical access to the beach is through the development's property (gated entry, private roads), making it effectively private even though it is legally public.

Both of these are common in Los Cabos resort communities and are perfectly legal. The distinction matters: you are not buying a private beach. You are buying a property in a development that has arranged exclusive use of the beach area through a combination of concession rights and controlled physical access.

If someone walks down the beach from a public access point and sits on the sand in front of your development, they are within their rights. The development can ask them to leave the concession-maintained area (the chairs, palapas, and groomed sections), but they cannot force them off the beach itself.

What to Ask Before Buying Beachfront

If you are considering a beachfront property in Los Cabos, these are the questions to ask your agent and the development:

1. Does the development hold a valid ZOFEMAT concession? Ask to see the concession documentation. Verify the concession area matches what was marketed. Confirm the concession is current and not expired.
2. What does the concession allow? Not all concessions are equal. Some cover large swaths of beachfront; others are narrow. Some allow beach club construction; others are limited to basic furniture.
3. What are the annual concession fees? These are federal fees that the development (or HOA) pays annually. They are typically passed through to homeowners as part of HOA fees. The amount depends on the concession area and zone classification.
4. Where are the public access points? Every beachfront development must provide or maintain public beach access. Know where these access points are and how they affect the privacy of your specific lot.
5. What happens when the concession expires? Concessions are renewable, but renewal is not guaranteed. Ask about the development's concession renewal history and whether there are any pending challenges or disputes.

Los Cabos Developments With Strong ZOFEMAT Concessions

The developments that deliver the best "beachfront experience" in Los Cabos are the ones with comprehensive, well-maintained ZOFEMAT concessions backed by resort-level beach services. These include:

• Palmilla: One of the most established beachfront concessions in Los Cabos. The One&Only resort manages the beach area with full beach club services. Swimmable beach.
• Chileno Bay: Auberge-managed beach club on one of the best swimmable bays in the Corridor. The concession covers the full bay frontage.
• Costa Palmas: Four Seasons and Amanvari manage beachfront concessions on the East Cape's longest swimmable beach. Full beach services for residents.
• Pedregal: The Waldorf Astoria manages the main beach area. Note that Pedregal's beaches are primarily Pacific-facing with strong waves — not swimmable for most.

For a complete community-by-community comparison including beach access and concession information, see our individual community guides linked from the communities page.

The 10-Meter Proposal: What to Watch

There has been legislative discussion about reducing the ZOFEMAT from 20 meters to 10 meters. As of 2026, this remains a proposal — it is not current law. The 20-meter standard has been in place for decades and has strong environmental and constitutional backing. Any change would require federal legislation and would face significant opposition from environmental groups and coastal communities.

If a reduction were enacted, it could affect property values by expanding the buildable area on beachfront lots. But do not buy based on speculative regulatory changes. Buy based on current law — which is 20 meters.

For a broader understanding of Mexico's property rights framework for foreign buyers, see our guides on the fideicomiso system, beach access laws, and property liens.