Thinking about buying preconstruction in Tulum and wondering what really happens between reservation and keys? You are not alone. The process can be smooth and rewarding if you know each step, the documents to expect, and how to protect your money. In this guide, you’ll get a clear, practical roadmap for every milestone, plus the costs and safeguards that matter most. Let’s dive in.
The essentials: framework and players
Tulum sits within Mexico’s restricted zone near the coast. If you are a foreign buyer, you typically acquire through a bank trust called a fideicomiso. The trustee bank sets up the trust with authorization from Mexico’s Foreign Affairs office, and you gain the right to use, rent, sell, or bequeath the property through the trust. You can review the federal overview of the process on the Foreign Affairs site for the fideicomiso permit and timing guidance (SRE overview).
Mexico also has a consumer standard for pre-sales known as NOM-247. This rule requires developers to disclose key information in marketing and contracts, to make the project executive and plans available on request, and to register standard-form pre-sale contracts with consumer protection authorities. You should expect to see the project details, delivery terms, payment schedule, penalties, and warranties in writing.
A Mexican notary public (notario público) is the public official who prepares the deed, verifies title, collects taxes and fees at closing, and registers the deed. Always have an independent notary or legal counsel review documents before final signatures.
Milestone 1: reservation (apartado)
You start with a short reservation to hold the unit while the parties finalize the contract. This usually involves a small refundable fee. The reservation paperwork should state the amount, how long the hold lasts, and the refund conditions. Ask for a dated receipt or reservation confirmation, and keep it in your deal file (how pre-sale schedules work).
Milestone 2: promissory contract (promesa)
The promesa de compraventa is the legally binding agreement that sets the path to closing. Under consumer rules for pre-sales, the contract should include the project description, architectural plans, delivery and warranty terms, penalties, and a clear payment schedule. You can and should request the full project executive and plans before signing.
Early payments usually include the reservation fee and an enganche, or down payment. In Tulum pre-sales, enganches commonly range from 10 percent to 35 percent of the price, often paid in installments during construction. Developers may offer options like 30/40/30, 50/45/5, or monthly progress payments. Always get the payment schedule in writing and confirm when each installment is due and what milestone triggers it (common payment plans).
What to review before you sign
- Project executive and full plans. Confirm the unit, common areas, finishes, and amenity scope match what was marketed.
- Delivery triggers and remedies. Know what “substantial completion” means, how delays are handled, and what penalties or credits apply.
- Price index and currency. Confirm whether the price is in USD or MXN and if adjustments are tied to an index.
- Warranties. Make sure finishes, systems, and structure have written warranty periods and response times.
- Payment protections. Ask about escrow or staged releases tied to certified progress.
Milestone 3: construction and progress payments
Construction timelines vary by project. Many condo developments plan 12 to 36 months, while larger or complex builds can take longer. Payments are typically tied to construction milestones or scheduled dates. You should receive regular updates, including photos or reports, and you can request independent inspections at key stages (construction schedules and updates).
Clauses that protect you
- Penalties and grace periods for developer delays.
- Force majeure definitions and how they impact your schedule and payments.
- Retention or holdbacks you keep until handover to ensure snag items get fixed.
- A clear definition of what triggers final payment and delivery.
Milestone 4: closing, deed, and registration
When the project is ready, you move to final payment and escrituración, which is the execution of the public deed before a notary. If you are a foreign buyer, the bank trust is formed or amended at this stage, and the Foreign Affairs permit for the fideicomiso is processed. Practical timing for trust setup, tax calculations, and registration is often about 4 to 8 weeks, depending on the notary’s workflow and municipal processing (SRE overview on fideicomiso timing).
At closing the developer typically provides a certificate of no liens, final plans, and the documentation needed to register the condominium regime if applicable. The notary calculates and collects transfer tax, notary fees, and registration costs, and then records your deed with the property registry (step-by-step closing and deed process).
Milestone 5: handover and warranties
On handover, you and the developer sign the acta de entrega-recepción. This lists the unit condition, installed items, and any defects or omissions you found during your walkthrough. Enter every snag in the acta and set correction windows in writing. Developers typically offer defined warranty periods for finishes and systems, and longer terms for structural issues. Keep all warranty terms and communication in writing and tracked by date (delivery and warranty practices).
Budget: closing costs and fees
Closing costs in Quintana Roo typically run about 6 percent to 10 percent of the purchase price. This estimate includes municipal transfer tax, notary and registry fees, and trust setup if you are a foreign buyer. Ask the notary for a written estimate that breaks down each item so you can plan your cash flow (closing cost primer).
For foreign buyers using a bank trust, typical one-time setup fees are about USD 700 to 2,500, plus the government permit and administrative processing. Annual trustee administration often runs about USD 400 to 900. Confirm who pays each line item and when. Municipal transfer tax in the region is commonly in the low single digits, and the effective rate in Tulum can be on the higher side within that band. Notary fees often scale with value and may range around 0.5 percent to 2 percent, with VAT at 16 percent on certain services. Your notary will confirm current local rates and provide a closing worksheet (Quintana Roo costs and taxes).
Title insurance is also available in Mexico through international providers. Policies commonly cost about 0.5 percent to 1 percent of the purchase price and can protect you from certain post-closing title defects. It is worth considering where land history is complex or older (how foreigners buy and protect title).
Taxes to plan for
- Annual property tax. Mexico’s property tax is generally modest compared to many U.S. markets, but it varies by municipality and assessed value. Your notary can estimate your likely range (local cost overview).
- Rental income tax. Non-resident owners can pay a 25 percent withholding on gross receipts or register to pay on net taxable income with deductions. Work with a Mexican tax advisor to choose the best path for your model.
- Capital gains and exit tax. Non-resident sellers often see a 25 percent withholding on the sale price unless they qualify to compute tax on net gain with documented basis. This is technical. Plan with your notary and a fiscal advisor early.
- VAT considerations. Land sales typically do not carry VAT. New construction or commercial operations may involve VAT on portions. Confirm with your tax counsel before you structure your purchase.
Tulum risks and how to reduce them
Tulum’s rapid growth brings unique considerations. Infrastructure and wastewater systems vary by area, and the local aquifer and cenotes are environmentally sensitive. Confirm the project’s wastewater plan and approvals and ask for environmental permits if applicable (environment and development context).
You should also check for any court actions or protective annotations in the property registry that could affect delivery or registration. There have been public examples of projects facing pauses during environmental or procedural reviews, so ask your notary to confirm the property’s current legal status (example of legal annotations).
Land tenure matters. Verify whether the land is fully private and that the chain of title is clean. Transactions involving communal ejido rights require special handling and can be riskier if not fully regularized.
Your pre-purchase checklist
- Confirm where funds are held. Prefer notary or third-party escrow. Never hand cash to an agent (escrow best practices).
- Ask for the project executive, full plans, environmental permits, land-use and construction licenses, and the contract’s consumer registration status.
- Order a certified title search. Confirm the correct folio, recorded easements, and any liens. Consider title insurance in higher-risk cases.
- Tie payments to progress. Negotiate staged releases upon independent certification or keep a retention until handover (payment structure guidance).
- Lock in warranties. Get response times and remedies in writing and document defects in the handover act.
- Check the developer’s track record. Look for prior registered deeds, and scan public records and reporting for disputes or delays.
- Review the condominium regime. Ask when it will be recorded, how the HOA transitions to owners, and how maintenance fees and reserves are set.
- Model taxes and operations. For investors, confirm registration needs for short-term rentals and choose the right tax approach with local advisors (foreign buyer overview).
Example timeline
- Reservation: 1 to 14 days to hold your unit with a dated receipt.
- Promissory contract and enganche: 1 to 60 days, with a typical 10 percent to 35 percent down payment scheduled.
- Construction: 12 to 36 months depending on project scale, with regular updates and inspections.
- Closing and registration: about 4 to 8 weeks after completion for fideicomiso setup, deed execution, tax calculation, and registry.
- Handover and warranties: sign the acta de entrega-recepción, list any snags, and track warranty windows.
Move forward with confidence
Preconstruction in Tulum can be a smart path to a lifestyle property or an investment, as long as you control the process. Know your milestones, formalize protections in the contract, and keep a clean paper trail with your notary. If you want a curated shortlist of developer projects plus white-glove guidance through fideicomiso, payments, and delivery, our team is ready to help. Connect with the Riviera Maya specialists at ÉLEVÉE Legacy Collection to align the right property with your goals. Schedule Your Private Tour.
FAQs
How long does it take to get keys after buying preconstruction in Tulum?
- After construction completes, allow about 4 to 8 weeks for bank trust setup if needed, deed execution, tax calculation, and registration before handover.
Who typically pays closing costs in Quintana Roo pre-sales?
- Buyers commonly pay transfer tax, notary and registry fees, and bank trust setup; confirm and negotiate allocations in your promissory contract and ask the notary for an estimate.
Can foreigners buy preconstruction in Tulum’s restricted zone?
- Yes, through a bank trust called a fideicomiso that allows you to use, rent, sell, or bequeath your property; the trustee bank secures authorization from the Foreign Affairs office.
How do pre-sale payments usually work in Tulum?
- You often pay a reservation fee, then an enganche of about 10 percent to 35 percent, followed by scheduled installments tied to dates or construction milestones.
What protections should be in my preconstruction contract?
- Clear delivery triggers, penalties for delay, currency and price-index terms, written warranties, defined response times, and payment safeguards such as escrow or holdbacks.
