Cuba’s Housing Law 187 explained: buying, swaps (permuta), gifts and inheritance

By the Cuba Habitat team · Reviewed 4 November 2026

Short answer

Law 187/2026 (the “Housing Law”) was published in Cuba’s Official Gazette on 14 October 2026 and has applied since 21 October 2026^[1]^[3]. It lets Cuban or foreign persons buy and sell homes before a notary (art. 89.1), requires payment through a bank (art. 90.1), caps ownership at two homes per person plus one holiday home (art. 4), and sets the rules for swaps (permuta), gifts and inheritance (arts. 85–100)^[1].

Who can own a home

The law defines “natural persons” as Cuban citizens and foreigners with permanent residence, with exceptions in articles 43.2 and 89.1 (art. 3)^[1]. Article 89.1 allows sales between natural or legal persons, “Cuban or foreign”, and article 89.3 gives a foreign buyer the same rights and duties under the law^[1]. According to Cuba’s Ministry of Construction (MICONS), non-resident foreigners buy on the same terms as Cubans and sign before the notaries of the Ministry of Justice’s Consultorías Jurídicas y Bufetes Internacionales^[2].

How many homes you can own

Up to two homes, plus a holiday or summer home recorded as such in the title (art. 4.1)^[1]. If the limit is exceeded, the Municipal Housing Directorate can order the loss of the most recently acquired home (art. 4.2). A holiday home loses that status when transferred between living persons (sale, gift, swap), but not by inheritance (art. 138.4)^[1]. Non-state businesses may acquire at most two homes by purchase or gift (arts. 91.3 and 99.4)^[1].

Ways to acquire a home

New construction; purchase, gift, swap, inheritance or legacy; usufruct, habitation, loan for use or lease; or any other legal act (art. 46.1)^[1].

Buying and selling (compraventa)

Signed as a public deed before a notary based in the province where the home is, at the price the parties agree (art. 89.1)^[1].
The price is paid with banking instruments or any other non-cash method (art. 90.1)^[1].
Beforehand the seller must have paid off any amount owed to the State for the home, pay the tax and prove the home is registered in the Central Property Registry (art. 90.2)^[1].

Steps, documents and taxes: purchase steps.

Swaps (permuta)

A home can be swapped for one or more homes, or for other goods or rights (art. 96)^[1].
It is signed before a notary in the home’s province, after the home is registered (art. 97.1)^[1].
The parties may agree a cash compensation, as long as its value does not distort the nature of the swap (art. 97.3)^[1].
Swaps with tenants, usufructuaries or room occupants of State homes go through an administrative procedure (art. 98)^[1].

Gifts (donación)

An owner can give the home to a natural or legal person by public deed before a notary in the province, once the home is registered (art. 99.1)^[1].
Unless agreed otherwise, the donor keeps any outstanding debt for the home’s price (art. 99.2)^[1].
A gift to the State is made before the municipal housing director (art. 100)^[1].

Inheritance (herencia)

When the owner dies the home passes under ordinary inheritance law (art. 85.1); if the heirs agree, it is allocated before a notary, otherwise in court (art. 85.2)^[1].
With no heirs or legatees, and if other people live there permanently, it passes to the State after two years; people who lived there with the owner’s consent for at least five years can claim ownership (art. 86)^[1].
According to MICONS, heirs living abroad keep their rights if the death occurred after Decree-Law 130/2026 took effect (10 September 2026)^[2]. Check your own case with a notary.

Owner obligations

Maintain the home at your own cost and, in apartment buildings, contribute to the common areas (art. 139.1 a)^[1].
Obtain licences and permits for building work (arts. 47 and 139.1 b)^[1].
Register the title, transfers, charges and building changes in the Property Registry (art. 140)^[1].
An abandoned home declared derelict can be lost by court order at the request of the Municipal Housing Directorate (art. 141)^[1].

If you are subject to U.S. jurisdiction

Cuban law is not the only rule: persons subject to U.S. jurisdiction generally need OFAC authorisation to buy real estate in Cuba^[5].

Frequently asked questions

What is Cuba’s Law 187?

The Housing Law that governs ownership, sale, swap, gift, inheritance and leasing of homes in Cuba. It was published in Official Gazette No. 86 on 14 October 2026 and has applied since 21 October 2026.

How many homes can one person own in Cuba?

Up to two, plus one holiday or summer home declared as such in the title (art. 4.1).

Can you swap (permuta) a house in Cuba with a cash top-up?

Yes. Article 97.3 allows an agreed compensation as long as its value does not distort the swap. It is signed before a notary once the home is registered.

Can you give a house as a gift in Cuba?

Yes, to a natural or legal person, by public deed before a notary in the province where the home is; the home must be registered (art. 99.1).

Does an heir living abroad lose the house?

According to MICONS (3 Nov 2026), heirs abroad keep their rights if the death occurred after 10 September 2026, when Decree-Law 130/2026 took effect. For earlier cases, ask a notary or lawyer.

Can a non-resident foreigner buy a house in Cuba?

Yes. Article 89.1 allows sales between Cuban or foreign persons; according to MICONS, a non-resident buys on the same terms as a Cuban, up to two homes, before the notaries of MINJUS’s Consultorías Jurídicas y Bufetes Internacionales.

Sources

A summary of the law’s text and published official statements; not legal advice. Practice can vary and the General Regulation may add requirements. Always confirm with a Cuban notary or lawyer. Last reviewed: 4 November 2026.