Key Implications of Cuba's New Housing Law for Expats

Cubans residing abroad who still own property on the island need to pay close attention to the new Housing Law. This legislation introduces new responsibilities for absent property owners, regulates transactions like buying and selling, inheritance, and donations, and includes measures that could potentially result in losing property rights under certain conditions.

This is part of Law 187 of 2026, which was approved by the National Assembly of People's Power on July 30 and published on October 14 in the Official Gazette of the Republic of Cuba No. 86 Ordinary of 2026. The law is set to come into effect on October 21.

This new legislation, which replaces the 1988 General Housing Law, establishes a revised framework for property ownership, transfer, usage, and maintenance. Details of the law were highlighted during its approval and publication.

The Impact on Cubans Living Abroad

Specific provisions in this law are particularly relevant for expatriates as they address common scenarios: homes that have been unoccupied for years, properties inhabited by relatives, pending inheritances, and property transactions conducted from abroad.

The law does not automatically strip Cubans of their property upon leaving the country. However, it does impose requirements for property maintenance and representation, along with specific procedures in cases of abandonment.

Appointment of a Representative for Absent Owners

The law mandates, under Article 139.3, that property owners planning to leave must appoint a representative to handle emergencies, administrative or legal proceedings, and other situations on their behalf.

For buildings under condominium ownership, the representative must also fulfill the owner's obligations. This clause is crucial for Cubans abroad who still own property in Cuba. However, the article does not differentiate between domestic and international absences, nor does it mandate a specific duration for absence. It also does not specify the formalities for appointing a representative.

Thus, it would be incorrect to state that any trip requires a specific power of attorney without examining the related provisions.

Handling Abandoned Properties

Under the new law, property owners of vacant and deteriorating homes must ensure maintenance. Article 139.2 requires restoring the usability of properties that lack security, protection, cleanliness, or maintenance and are structurally deteriorating, even if they are not officially declared ruined.

Article 141 outlines severe consequences: if a home is declared ruined due to neglect and the owner fails to restore it, the Municipal Housing Directorate can petition the court to revoke the owner's rights to the property. If the court agrees, the house could be allocated by the Municipal Administration Council.

This doesn't mean a house can be seized simply because its owner resides in Miami, Madrid, or any other foreign city. The outcome is tied to neglect, a formal ruin declaration, failure to restore the property, and court involvement.

Ownership and Inheritance Rules

Article 4 of the law allows individuals to own up to two properties, in addition to a vacation home, if specified in the title. The general definition of ownership includes Cuban citizens and foreigners with permanent residency, subject to exceptions in the law.

The law does not require Cuban citizens to permanently reside on the island to be eligible for property ownership. However, the ability to acquire or retain properties in certain migratory situations must be reviewed with other applicable regulations.

The Municipal Housing Directorate must investigate if the property limit is violated, and if an infringement is found, they can revoke the most recently acquired property.

Inheritance and Legal Succession

Inheritance is a significant concern for Cubans with relatives who own property in Cuba. Articles 85 to 88 address various aspects of property transfer upon the owner's death.

If heirs agree, the inheritance can be formalized with a notarized deed. In cases of disputes, judicial intervention is required. The law also provides for situations without heirs or legatees and properties occupied by individuals living with the deceased owner.

Under certain conditions, these occupants may gain rights through administrative processes and established criteria. The law should not be seen as an automatic authorization for any expatriate to inherit property. Heir identification and acquisition rights are subject to applicable civil laws.

Legal Protections for Family Members

The fourth transitory provision, subsection g), addresses scenarios where family members of declared emigrants may be recognized as legitimate occupants.

This includes spouses, registered domestic partners, ex-spouses, or relatives up to the fourth degree by blood or second degree by affinity, provided they meet specified conditions. These include residing in the house for at least five years before the owner's departure and not owning another home.

This does not mean anyone currently looking after or living in an emigrant’s home can claim ownership. It also doesn't imply that mere departure from the country allows relatives to seize the property.

Property Sales and Transactions

Articles 89 and 90 regulate the sale of properties between individuals and legal entities, whether Cuban or foreign, under specific legal conditions.

Transactions must be formalized through a public deed before a notary in the province where the property is located, except in certain cases. The parties agree on the price, but the law mandates payment through bank instruments or credit titles, not cash.

Sellers must also prove compliance with tax obligations, clear any debts, and ensure the property is registered in the Central Property Registry. For expatriates selling property without returning to Cuba, how these rules will be applied remains unclear.

Donating Property with Legal Constraints

Article 99 governs the donation of properties to individuals or legal entities. The property must be registered in the Central Property Registry, and the transfer must be notarized in the appropriate province, except when donated to the state.

The law also specifies conditions concerning outstanding debts and beneficiary requirements. There may be additional restrictions, especially when the property originated from state allocations or benefits.

Tenant and Occupant Protections

The new law allows property owners to decide their cohabitants and terminate certain living arrangements. However, articles 65 and 66 impose limits on these rights.

Article 66 protects specific individuals, including family members and other occupants meeting criteria, particularly when they lack alternative housing or resources to relocate.

This regulation impacts Cubans abroad with properties occupied by relatives. Ownership does not automatically grant the right to evict all occupants. Coexistence rights may be protected in certain cases, requiring legal resolution for conflicts.

Legislative Changes in Property Rentals

Article 72 permits property owners to lease entire homes, rooms, or spaces, provided it doesn't infringe on the rights of protected cohabitants.

Leases must specify terms, duration, price, and obligations. Subleasing is allowed with owner permission.

This option may interest expatriates who wish to generate income from their properties. However, general leasing rights do not exempt owners from meeting administrative, tax, and representation requirements, nor resolve all issues related to the owner’s migratory status.

Maintaining Property Obligations from Abroad

Article 139 outlines obligations for property owners, including necessary maintenance, permit acquisition, tax compliance, and contributing to common area upkeep in buildings.

The law also addresses condominium ownership, covering buildings with private apartments and shared spaces. Administrative boards can manage collective expenses and obligations following the law.

For those living abroad, these rules emphasize the importance of staying in touch with family, representatives, or administrators to handle property matters.

Tax Implications and Cadastral Value

Articles 143 and 144 deal with tax aspects related to property ownership and transactions. Article 144 states that the taxable base for property and transaction taxes is the cadastral value.

The law also amends the Tax System Law 113. Expats planning property transactions should consider the value used by authorities to assess tax obligations.

Understanding the Implications of Emigration on Property Rights

The approval of Law 187 raises questions about property rights for Cubans who have left the country or were declared emigrants under previous laws. What happens to their property rights now?

The final provision repeals Law 65, the General Housing Law of 1988, and several modifying decrees. The new law doesn’t generally mandate automatic property loss for leaving Cuba permanently.

However, it doesn't automatically restore properties lost under previous laws or eliminate all property consequences tied to migratory situations. The first transitory provision ensures the continuation of legal relations and rights acquired under previous laws, while future effects are governed by the new law.

The second transitory provision states that ongoing cases before housing authorities or courts continue under the original governing rules.

The law also acknowledges situations involving properties owned by emigrants declared under former laws. Determining if someone retains or can regain a property requires examining their specific situation, existing titles, past administrative or judicial decisions, and applicable migratory and civil laws.

It’s essential to differentiate: leaving Cuba doesn’t equate to abandoning a home, and an unoccupied house isn’t legally lost simply because the owner lives abroad.

Law 187 will be enacted on October 21, 2026, seven days after its publication in Official Gazette No. 86 Ordinary. From this date, Cuban property owners living abroad must pay close attention to representation rules, property maintenance, ownership transfer, and occupant and family rights protection.

To understand how each case will be resolved, consulting the full text of the Housing Law, its regulations, and other applicable legal provisions will be necessary.