Cubans living abroad, but who maintain a residence on the island, need to pay special attention to the new Housing Law, which establishes obligations for absentee landlords, regulates buying and selling, inheritances, and donations, and introduces mechanisms that, under certain circumstances, may lead to a loss of rights over a property.
This is about the , approved by the National Assembly of People's Power on July 30 and published on October 14 in the . Its entry into force is scheduled for October 21.
The legislation, which will replace the General Housing Law of 1988, establishes a new framework for the ownership, transfer, use, and maintenance of real estate. Its provisions were addressed in a report on the approval and publication of the new regulation.
For emigrants, some of their rules hold particular significance as they affect common situations: houses that remain closed for years, properties occupied by relatives, pending inheritances, and buying and selling transactions that need to be conducted from abroad.
The law does not stipulate that a person automatically loses their home by leaving Cuba. However, it does include obligations for maintenance and representation, as well as specific procedures in certain situations of abandonment.
1. Owners who are absent must appoint a representative
The article 139.3 states that the owner of a residence intending to be absent must appoint a representative to act on their behalf in the event of health emergencies, administrative or judicial procedures, and other circumstances.
In the case of buildings under the horizontal property regime, that representative must also fulfill the obligations corresponding to the owner.
The regulation is especially important for Cubans living abroad who maintain a residence on the island.
However, the article does not explicitly distinguish between absences within the country and trips abroad, nor does it establish a minimum period of absence. It also does not specify the necessary formalities for appointing a representative.
Therefore, it would not be correct to state that any trip automatically requires granting a specific power of attorney without examining the provisions that govern that procedure.
2. An abandoned and declared dilapidated property can be lost through a legal process
The new legislation establishes obligations for the owners of properties that remain unoccupied and show signs of deterioration.
The article 139.2 requires the recovery of the use value of permanently uninhabited homes when they lack security, adequate protection, sanitation, or maintenance, and exhibit structural deterioration that negatively impacts the environment, even if they have not yet been declared in ruins.
The most severe consequence appears in Article 141: when a dwelling is declared in a state of ruin due to abandonment and its owner does not take measures to recover it, the Municipal Housing Authority may request the competent court to revoke the rights over the property.
If the court decrees that loss, the property may be made available to the Municipal Administration Council for subsequent allocation.
This does not mean that a house can be confiscated simply because its owner lives in Miami, Madrid, or any other foreign city. The regulation ties that consequence to abandonment, declaration of ruin, lack of measures to recover the property, and the intervention of a court.
3. The right to own up to two homes is recognized
The article 4 recognizes natural persons the right to own up to two residential properties, without prejudice to the one they own as a vacation or seasonal home when that condition is stated in the title deed.
The general definition of Article 3 includes Cuban citizens and foreigners with permanent residency in the national territory, with the exceptions provided for in the law itself.
The wording does not explicitly state that Cuban citizens must reside permanently on the island to be included in that definition. However, the possibility of acquiring or maintaining real estate in specific migration cases must be examined along with the other applicable regulations.
If the authorities detect a possible violation of property boundaries, the Municipal Housing Directorate must process a file. If the infringement is proven, it may issue a resolution for the loss of the most recently acquired property.
The regulation also acknowledges a specific treatment for vacation or second homes that have been previously declared as such, so they should not be automatically confused with a regular third residence.
4. The law regulates how homes are inherited
Inheritance is one of the most important issues for Cubans who have parents, grandparents, or other relatives who own real estate in Cuba.
The articles 85 to 88 regulate various aspects of the transfer of properties upon the death of the owner.
When there is an agreement among those entitled to inherit, the allocation can be formalized through a notarial deed. If a conflict arises, it is necessary to resort to judicial proceedings.
The legislation also addresses situations where there are no heirs or legatees, as well as cases of homes occupied by individuals who were living with the deceased owner.
Under certain circumstances, those occupants may acquire rights through administrative procedures and with the established requirements.
The Law 187 should not be interpreted as an automatic authorization for any emigrant to inherit any property. The identification of heirs, the capacity to acquire, and other succession effects are also subject to the corresponding civil legislation.
5. Relatives of declared emigrants can be recognized as legitimate occupants
One of the most sensitive provisions appears in the fourth transitional provision, paragraph g).
This recognizes certain situations of housing occupancy whose owners were declared emigrants under previous regulations.
The provision includes the spouse, registered domestic partner, ex-spouse, or relatives up to the fourth degree of consanguinity or second degree of affinity, provided they meet the stipulated conditions.
Among the requirements is having lived in the residence for at least five years before the owner's departure from the country and not owning another property.
The transitional provision refers to previous legal situations and contains a temporal requirement that must be considered when determining its application.
It does not mean that anyone currently taking care of or residing in the home of an emigrant can become the owner. It also does not establish that merely leaving the country allows family members to take possession of the property.
Its scope depends on the specific circumstances of occupation, the established requirements, and the relevant recognition procedure.
6. How can homes be sold under the new law?
The articles 89 and 90 establish rules for the buying and selling of housing between individuals and legal entities, both Cuban and foreign, in the situations covered by the legislation.
The transfer must be formalized through a public deed before a notary public located in the province where the property is situated, unless otherwise provided for by exceptions.
The price is agreed upon by the parties, but the law establishes an important condition: payment must be made through instruments or credit titles provided for in banking legislation or another method that is not cash.
In addition, the seller must demonstrate compliance with certain obligations, including the payment of relevant taxes, the settlement of debts related to the price of the property, and its registration in the Central Register of Real Estate Property.
For emigrants who wish to sell a property without traveling to Cuba, it remains to be determined how these regulations will be applied, along with the representation procedures and current notarial provisions.
The mention of foreign individuals in Article 89 does not mean that any foreigner can freely purchase any property without conditions.
7. Owners may donate their homes, subject to requirements and restrictions
The article 99 regulates the donation of housing to individuals or legal entities.
To carry it out, the property must be registered in the Central Property Registry of Real Estate, and the transfer must be formalized through a public deed before a notary of the corresponding province, except in cases of donation to the State.
The law also establishes rules regarding outstanding housing payments and the conditions applicable to the beneficiary.
In certain situations, particularly when the property is obtained through state allocations or benefits, there may be additional restrictions on its transfer.
Therefore, a Cuban who wishes to donate their house to a child, sibling, or another family member must first verify the legal origin of the property and the specific conditions of their title.
The existence of a family relationship does not automatically eliminate all notarial, registration, and tax requirements.
8. Family members living in a house may have protection against eviction
The new law grants the owner the authority to decide who they live with and to terminate certain living arrangements.
However, articles 65 and 66 establish limits to that authority.
Article 66 protects certain individuals, including relatives and other cohabitants who meet the specified conditions, particularly when they do not have another home, lack another place of residence, or do not have the means to obtain one.
This regulation may have consequences for Cubans living outside the country who own properties occupied by parents, children, ex-spouses, or other relatives.
Being a property owner does not necessarily mean that one can demand the immediate removal of all occupants. The right to coexistence may be protected in certain cases, and conflicts must be resolved through the established legal procedures.
On the other hand, the presence of a relative in a home does not, by itself, grant ownership of the property.
9. The legislation recognizes the right to rent entire homes or rooms
The article 72 establishes that owners can rent out an entire home, rooms, or spaces, as long as it does not infringe upon the rights of cohabitants protected by law.
The contract must specify the subject of the lease, its duration, price, and the rights and obligations of the parties.
It also includes subleasing by tenants when there is authorization from the owner.
The option to rent may be of interest to emigrants who retain a home and wish to generate income from its use.
However, the general recognition of the right to lease does not exempt compliance with the applicable administrative, tax, and representation requirements, nor does it resolve all situations related to the immigration status of the holder by itself.
10. Living outside of Cuba does not eliminate the obligations of property maintenance
The article 139 establishes obligations for individuals and legal entities owning houses and apartments.
These include carrying out the necessary conservation works, requesting the corresponding permits, fulfilling tax obligations, and financially contributing to the maintenance of common elements when the property is located in a building.
The law also regulates the horizontal property regime, which includes buildings where there are private apartments and shared spaces, such as stairways, rooftops, facilities, and other common areas.
In those properties, the management boards can handle maintenance expenses, repairs, and other collective obligations in accordance with the law.
For those residing outside the country, these provisions reinforce the importance of maintaining communication with family members, representatives, or administrators who can handle property matters.
Residency abroad is not mentioned in the law as a general exemption from the duties associated with property ownership.
11. The cadastral value will be important for property taxes
The articles 143 and 144 regulate tax aspects related to property and the transfer of housing.
Article 144 establishes that the tax base for property taxes and other transactions involving real estate is constituted by the cadastral value.
The legislation also amends provisions of Law 113 of the Tax System.
For emigrants looking to sell, donate, or carry out other transactions involving real estate, this means they must pay attention to the value used by authorities to determine their tax obligations.
It cannot be concluded solely from these articles that all property owners will pay more taxes. The specific amount will depend on the applicable tax provisions and the characteristics of each transaction.
12. Does the new law eliminate the loss of homes due to emigration?
The approval of Law 187 raises a question of particular interest for Cubans who left the country or were declared expatriates under previous regulations: what happens now to their property rights regarding their homes?
The fifth final provision expressly repeals the Law 65, General Housing Law, of December 23, 1988, as well as several decrees that modified it subsequently.
The new legislation does not establish a general rule that mandates the automatic loss of a home solely due to permanently leaving Cuba.
However, this does not allow us to assert that the properties lost under previous regulations are automatically restored, nor that all the financial consequences associated with different migration situations disappear.
The first transitional provision establishes that the legal relationships created and the rights acquired under previous legislations retain their validity, while their subsequent effects are governed by the new law.
Likewise, the second transitional provision states that matters already initiated before the Housing authorities or the courts will continue to be processed according to the rules under which they began.
The law itself acknowledges, in other transitional provisions, situations involving homes whose owners have been declared emigrants according to previous legislation.
Therefore, to determine whether a person retains ownership of a property, can recover it, or has the right to perform transactions related to it, it is necessary to examine their particular situation, existing titles, previous administrative or judicial decisions, and the relevant immigration and civil regulations.
The distinction is fundamental: leaving Cuba does not automatically equate to abandoning a home, and an uninhabited house cannot be legally deemed lost simply because its owner resides abroad.
The Law 187 will come into effect on October 21, 2026, seven days after its publication in Official Gazette No. 86 Ordinary.
From that date forward, Cuban property owners residing abroad must pay special attention to the rules regarding representation, property preservation, property transfer, and the protection of the rights of occupants and family members.
To understand how each specific case will be resolved, it will be necessary to consult the , its regulations, and other applicable legal provisions.
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