New Housing Law in Cuba: What will happen to your second property in the countryside?

The information was provided during the session of the Agro-Food Commission prior to the Fourth Ordinary Session of the Cuban Parliament, corresponding to the X Legislature.

Campo cubano © Cubaperiodistas
Cuban countrysidePhoto © Cubaperiodistas

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A future housing law is being developed in Cuba, with the aim of presenting the draft proposal in upcoming sessions of the National Assembly of People's Power.

However, although the draft is still being written and its specifics are not yet known, during the session of the Agricultural Commission prior to the Fourth Ordinary Session of the Cuban Parliament, corresponding to the X Legislature, Cuban lawmakers learned that the law aims to maintain the possibility of owning a house in the city and another in the countryside, as a matter of property, according to the official newspaper Granma.

According to this information, the new law aims to ensure compliance with the construction typologies approved by the Ministry of Construction (Micons) in 2017.

The information was provided during a presentation of the Attention Program for the Turquino Plan and Rurality in Cuba, which was attended by Cuban Vice President Salvador Valdés Mesa. During the event, the leader acknowledged the severe deterioration of living conditions in the country’s rural areas, while emphasizing the need to defend the "achievements of the Revolution."

Housing is not a minor issue in everyday Cuban life, especially because it is a matter to which the government does not give the importance it deserves, while continuing to build hotels in the country.

In June of this year, when the ANPP made available to the public the legislative project on Migration, which included specific provisions for Cubans living abroad who inherit properties in the Caribbean nation, even if they have been outside the country for more than 24 months, an intense debate ensued.

According to the legislative text, Cubans living abroad have the right to inherit property in Cuba, regardless of how long they have been outside the country. This issue is of significant interest to those residing overseas and has been a cause of ongoing concern.

The document states that, despite residing abroad for more than 24 months, Cubans can retain inherited property in Cuba, and in this regard, there are no provisions in the draft law indicating automatic loss for this reason.

A few months later, the government imposed new restrictions on housing construction on land granted in usufruct, in an effort to address what it describes as "irregularities in constructions on agricultural land."

According to Decree 105 from the Council of Ministers, published in Official Gazette number 92 on September 23, the modifications primarily affect farmers who received land plots for usufruct and who had built homes or made structural improvements.

From now on, the construction of housing will not be permitted on various categories of land, including those located within urban perimeters, designated for land use and urban planning, intended for family self-sufficiency, or where there are environmental, defense, or national security considerations.

The restrictions also affect constructions on lands designated for agricultural or forestry development, as well as other future projects. According to the authorities of the Cuban regime, these measures are being implemented with the aim of reorganizing the land for planned development and protecting areas intended for agricultural production.

Regarding the new draft law, a period of uncertainty arises until details about the regulations from the authorities are revealed. However, projections suggest that changes in terms of property quantity will not be significant, although it remains to be seen what role the State will play in this entire process.

Frequently Asked Questions about the New Housing Law in Cuba

What does the new Housing Law establish regarding property in Cuba?

The new Housing Law in Cuba will allow individuals to own one house in the city and another in the countryside. This measure aims to uphold the construction types approved by the Ministry of Construction since 2017. While the details of the draft law are not yet fully known, the intention is to avoid significant changes regarding the number of allowed properties.

How does the new legislation affect Cubans living abroad?

According to the legislative proposal, Cubans residing abroad can inherit properties in Cuba and retain them, regardless of how long they have been outside the country. This means they will not automatically lose their properties for having lived abroad for more than 24 months, as long as they comply with the established regulations.

What restrictions does the Cuban government impose on housing construction on usufruct lands?

The Cuban government has established new restrictions that prohibit the construction of housing on land granted in usufruct, especially in areas with environmental, defense, or national security considerations. This measure aims to prevent irregularities and ensure that the land is used for agricultural production, in accordance with existing regulations.

How does the new decree affect farmers who have built on usufruct land?

The new decree primarily affects farmers who have built homes or made improvements on leased land. These constructions will need to undergo a review process and possible legalization. If they do not meet the established requirements, they could be included in a program addressing illegalities and may ultimately be demolished.

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