The , in effect since October 21, changes the rules for the hundreds of thousands of Cubans living abroad who own property on the island: emigrating no longer automatically results in the loss of property title, but the law imposes a specific obligation that absent owners cannot ignore.
This is explained by lawyer Raudiel Peña Barrios from the organization Cubalex in an interview with Tania Costa. "The first thing they need to know, which is a kind of impact, is that starting from the enactment of this law, people will no longer lose their property, their ownership of their homes in Cuba, but they must fulfill other obligations," the lawyer pointed out.
For decades, Cuban legislation confiscated the homes of those who left the country permanently. Decree-Law No. 288 of 2011, which amended the previous General Housing Law, expressly stipulated that the property of an owner who had emigrated would be confiscated by the State. The new regulation breaks with that tradition.
"It is a, let's say, positive impact. A person who emigrates no longer loses their property title in Cuba," summarized Peña Barrios.
However, the law establishes in its article 139.3 that the absent owner must designate a legal representative to manage the property before courts, administrative authorities, and any proceedings related to the residence.
"The new legislation states that anyone who owns a property in Cuba and decides to emigrate must have a representative; they must designate a legal representative to manage the procedures related to that property," explained the lawyer.
The law does not require that such an appointment be formalized before a notary, but Peña Barrios strongly recommends it: "The law does not establish a notarial requirement; however, the ideal, what I recommend, is that it be done before a notary," he stated, adding that he always prefers the notarial document "for its evidentiary strength and its legality."
Those who already live outside of Cuba have an alternative. “If you can send a power of attorney from the United States or any other country that meets all the legal formalities to be fully valid in Cuba, then you can send it and designate a representative,” he noted. For those who are still on the island and planning to emigrate, the advice is to take action before leaving. “Ideally, if you are in Cuba and plan to emigrate, it is best to do so before leaving the country, as it is a way to protect ownership of your home.”
Failing to meet this obligation can have serious consequences. According to Article 141 of the , an unoccupied dwelling, without a representative and in a state of disrepair, may be subjected to a judicial process of property loss due to abandonment. "An unoccupied dwelling can indeed be subjected to an expropriation process. It can be declared that there is no known owner, no one is living there, and the State can take possession of it," warned Peña Barrios.
There is an important exception: if a family member of the owner—spouse, parents, grandparents—resides in the house, the law recognizes that occupation as legitimate and the owner does not lose their title. "If you decide to emigrate from the country and, for example, your spouse, grandmother, mother, or father stays in your house, then nothing happens," clarified the lawyer.
The regulation, approved by the National Assembly on July 30, 2026, and published in the Official Gazette on October 14, came into effect seven days after its publication. Peña Barrios emphasized that the law does not have retroactive effect: it does not restore properties confiscated under previous regulations to Cubans who lost them when emigrating in past decades.
Filed under: