PAPERWORK & LEGAL

Cuba's new Housing Law (Law 187): what changes

Updated 19 October 2026 · 6 min read

Cuba has a new housing law that replaces the 1988 one. It brings important changes for anyone who owns or wants to own a home on the island, especially Cubans living abroad. Here are the essentials, explained in plain language and checked against the text published in the Official Gazette.

The main changes

• Up to two homes per person, plus one holiday or weekend home if the title says so (article 4). If someone exceeds the limit, the Housing Department can declare the loss of the most recently acquired home.
• No cash payment: in a sale the price is paid with the instruments provided for in banking legislation or any other method that is not cash (article 90).
• Sale before a notary in the province where the home is located, at the price agreed by the parties and with any terms they wish, as long as they do not breach the law (article 89).
• What the seller must prove: having no outstanding debt on the price of the home, having paid the tax and having the home registered in the Central Property Register (article 90).
• Taxes and cadastral value: in a sale, tax is calculated on the sale price if it is equal to or higher than the cadastral value; if the declared price is lower, the cadastral value is used. In a swap with compensation, the base is the cadastral value plus the compensation.
• No confiscation for emigrating: the new law no longer provides for losing the home by leaving the country.
• Inheritance: the home is passed on according to ordinary inheritance law. If the heirs agree, it is allocated before a notary; if not, through the courts (article 85).
• Home swap: a home can be swapped for one or more homes, or for other assets or rights, before a notary and with compensation if agreed (articles 96 and 97).
• New types of contract: loan for use (lending a home for someone to live in) and maintenance contracts in exchange for rights over the house are recognised, before a notary and registered in the Property Register (articles 73 and 74).
• State-subsidised homes: for 15 years from the first allocation, selling or donating it requires repaying the subsidy, and in some cases the State has a right of first refusal (articles 53 to 57).
• Apartment buildings: apartment owners must contribute to the upkeep of the building and its common areas (article 139 and Decree 177).
• Real estate agencies: the law recognises real estate activity, including advice on sales, donations and other procedures (article 43).

Worth knowing

• If you are going to be away, the law requires you to appoint a representative to act for you in emergencies, paperwork or court proceedings, and, in apartment buildings, to meet your obligations (article 139.3).
• Abandonment: if an abandoned home is declared in ruins and its owner does not restore it, the Housing Department can ask a court to remove the owner's rights (article 141). Keeping the house closed because you live abroad is not, on its own, enough to lose it.
• Cadastral certificate: it is requested from the Municipal Department of Territorial and Urban Planning and paid via Transfermóvil or EnZona (Resolution 15). It is valid for 5 years (General Regulations, Decree 176).
• Habana Vieja and Centro Habana: in the Priority Conservation Zone of the City Historian's Office, sales, swaps and donations that require it are authorised directly by that Office (Decree 176, article 272).
• Homes confiscated in the past are not automatically returned: each case depends on its titles and history. The law does provide, under conditions, for recognising certain relatives who live in homes of people declared emigrants under the previous rules.
• Another key date: on 1 November 2026 Migration Law 171 enters into force, changing how residence in Cuba is defined. Check your case with the consulate or a notary.

What to do now

1. 1
   Prepare to pay through the bankIf you are buying or selling, agree with the other party and the notary on the bank instrument you will use before moving any money. Cash is no longer accepted.
2. 2
   Get the paperwork up to dateTitle deed, registration in the Property Register and a valid cadastral certificate. This is what speeds up any procedure the most. Which documents you need.
3. 3
   Legalise anything outstandingUntil 1 September 2027 you can legalise homes and extensions built without a permit (Council of Ministers Agreement 10378, Official Gazette No. 70 of 2026).
4. 4
   If you live abroad, appoint your representativeA power of attorney can be used to appoint that representative and lets you manage the house without travelling.

Summary based on the text of Law 187, Decrees 176, 177 and 178 and Resolutions 15 and 16 of 2026, published in Ordinary Official Gazette No. 86 of 14 October 2026. This is general information, not legal advice. Always confirm your case with a notary or lawyer.