Cuba’s new Housing Law: what it changes and when it applies

On 30 July 2026 the National Assembly of People’s Power approved a new Housing Law, the first full replacement of Law 65 of 1988 in almost four decades. It is the most consequential change to Cuban housing rules since Decree-Law 288 legalised the sale of homes between private individuals in 2011, and it touches exactly the questions the diaspora asks most: how many homes you may own, and what happens to your house if you leave the country.

It also comes with a caveat that matters more than any of its articles right now: as of the date of this guide, the law has not been published in the Official Gazette, so it is not in force and cannot be invoked before a notary, a municipal housing office or the Property Registry. This guide separates what the law says from what you can actually do today.

Where the law stands right now

The text went through a public consultation that closed on 28 February 2026 and gathered 10,928 opinions and questions, of which the drafting commission reported accepting 56%. The version approved in the Assembly’s seventh ordinary session is organised into 16 chapters, 190 articles and three final provisions.

Approval by the Assembly is not the last step. A Cuban law takes effect once it is published in the Official Gazette, and this one carries a delay of its own: according to the text presented to the Assembly, it enters into force 90 days after publication. Until both things happen — publication, then the 90 days — Law 65 of 1988 and Decree-Law 288 of 2011 remain the rules that a notary applies.

1. 1Approved by the National Assembly — done, 30 July 2026.
2. 2Published in the Official Gazette of the Republic — pending as of the date of this guide.
3. 3Enters into force 90 days after that publication.
4. 4Complementary regulations (decrees and ministerial resolutions) fill in the procedures.

Up to two homes, plus a vacation home

The best-known change is the ownership limit. Under the current framework a person may own one permanent residence and, in addition, one rest or vacation home. The new law recognises the right of a natural person to own up to two homes, without prejudice to the one they hold as a vacation home.

That sounds arithmetic, but it resolves a very common real-life knot: families where an inheritance leaves someone with a second property they cannot legally keep, and who today must sell, donate or swap it within the deadlines the current rules set. It also gives legal cover to what a slice of the market already does informally — buying a second home in a relative’s name.

Emigrating no longer means losing the house

This is the change with the largest practical effect on the diaspora. Under Law 65 of 1988, leaving the country permanently triggered the loss of the home to the state. The new law removes that consequence: a Cuban who settles abroad may keep their property, inherit and transfer it, subject to the conditions and obligations the legislation sets.

It lines the housing rules up with the migration reform already in force. Article 31 of Law 171 "On Migration" states that Cuban citizens resident abroad have the right to the use, enjoyment and free disposal of the property they own, in line with article 58 of the Constitution. Until now, housing law and migration law pulled in different directions; the new text closes that gap.

Mortgage credit enters the picture

For the first time the law contemplates long-term credit with the home itself as collateral, alongside bank loans and subsidies for vulnerable families. In a market where every transaction is settled in cash, the mere existence of a mortgage mechanism would change how prices are formed.

Treat this one with particular caution. A law that permits mortgage lending is not the same as banks that offer it, at rates and terms that make sense to a Cuban household. The mechanism will depend on complementary regulations and on how the banking system actually implements it, none of which exists yet.

What the law also expands: the state’s side

The coverage that has focused on new rights tells half the story. The same text broadens the grounds on which the state can intervene in, control and recover properties held by private individuals, and it regulates unoccupied homes in more detail than the 1988 law did. Independent outlets that read the draft in full made this their main criticism.

This is not a reason to distrust the reform, but it is a reason to read the final published text rather than the headlines. Two provisions that matter to anyone with a home standing empty in Cuba: what counts as an unoccupied home, and what the administration may do about one.

What to do today

Nothing about the new law changes the checklist that protects you now. If anything, it raises the value of having your paperwork in order the day the rules change, because every new right will be exercised over a registered title.

• Make sure the home is registered at the Property Registry in the name of whoever actually owns it, and that the technical description matches reality.
• Resolve pending inheritances. A property still standing in a deceased relative’s name benefits from no reform.
• If you live abroad, keep a valid notarised power of attorney with someone you trust who is resident in Cuba.
• Keep the home occupied or visibly cared for, and keep utility payments up to date.
• Wait for the published text before making decisions that assume the new rules — especially buying a second home.