Can Americans Buy Property in Cuba? The 2026 Housing Law and OFAC Rules
Cuba has just rewritten its housing rules. Law 187, the new Housing Law, was published in the Official Gazette on October 14, 2026, and takes effect on October 21, 2026. It replaces the 1988 General Housing Law (Law 65), lets a person own up to two homes plus a vacation home, bans cash payments in home sales, and ends the old practice of confiscating the homes of Cubans who emigrate.
If you are a US citizen or a US resident, one thing has not changed: US sanctions still generally bar you from buying or leasing real estate in Cuba. Cuban law and US law are two separate hurdles, and you have to clear both.
Updated October 15, 2026
Buying Property in Cuba at a Glance
| Question | Short answer (as of October 2026) |
|---|---|
| Governing law | Law 187 “On Housing,” in force from October 21, 2026 (replaces Law 65 of 1988) |
| How many homes can one person own? | Up to 2, plus 1 vacation or rest home listed as such in the title deed |
| Can Cuban residents buy and sell freely? | Yes, before a notary, with the home registered |
| Can foreigners buy? | The law covers sales to foreign individuals and entities, but the details for non-residents are still unclear (see below) |
| Can Americans buy? | Generally no, under OFAC rules, unless specifically authorized |
| Can you pay in cash? | No. Payment must go through bank instruments or another non-cash method |
| Do emigrants lose their homes? | No longer. Confiscation for permanent departure is abolished |
| Main taxes | Buyer: transfer tax (4% under the rules in place until now). Seller: personal income tax |
What Changes on October 21, 2026
Cuba’s National Assembly approved Law 187 on July 30, 2026. The full text was published on October 14 in Ordinary Official Gazette No. 86, together with three implementing regulations and two resolutions from the National Institute of Territorial and Urban Planning (INOTU), EFE reported (in Spanish). It takes effect seven days after publication. The June draft had proposed a 90-day wait, so older articles may still quote that.
The biggest changes for anyone thinking about a home in Cuba:
- Two homes, not one. Under the old law, an individual could own one permanent home and one vacation home. Now it is two homes, and a vacation home declared as such in the title does not count toward the limit (Article 4).
- No more cash. The price must be paid through “credit instruments or titles provided for in banking legislation” or another non-cash method. The government says the goal is to fight money laundering.
- No confiscation for leaving the country. Owners who emigrate keep their homes.
- Less red tape. Several administrative permits that used to be needed for sales, donations, swaps and transfers of part of a home are gone.
- New players. Real estate agencies, housing cooperatives, mipymes (small and medium private businesses, or MSMEs) and larger private companies can now build and manage housing, including with foreign capital.
A breakdown of the published text by elTOQUE’s legal desk (in Spanish) adds that the “family home,” the one a family lives in permanently, can no longer be seized by creditors.
Who Can Buy a Home in Cuba Now?
Cubans Living in Cuba
They can buy, sell, donate, swap and inherit homes, up to the two-home limit. If someone goes over the limit, the Municipal Housing Office can order the loss of the most recently acquired home through an administrative ruling, not a court case.
Cubans Living Abroad
This is where Law 187 breaks most with the past. For decades, a Cuban who left the country “permanently” could see the family home confiscated by the state. The new law ends that. Owners abroad keep their property and must appoint a representative in Cuba to handle emergencies and legal matters while they are away (Article 139.3), according to a CiberCuba review of the final text.
Two limits matter. First, homes already confiscated under the old rules are not returned automatically, and pending cases continue under the old rules. Second, a home left abandoned until it is declared in ruin can still be lost through a court process (Article 141).
Foreigners
Article 89 allows sales to “Cuban or foreign” individuals and legal entities, and a Construction Ministry official said publicly that foreigners may own up to two homes under the same obligations as Cubans. But the law’s general scope (Article 3) refers to citizens and foreigners with permanent residence, and the March draft covered only permanent residents.
Bottom line: a foreign permanent resident of Cuba is clearly covered. Whether a foreigner with no residency can walk into a notary’s office and buy a house will depend on how notaries and the implementing regulations apply the law after October 21. Until that practice is visible, treat any offer to a non-resident foreigner with caution.
US Citizens and Anyone Subject to US Jurisdiction
Nothing in Cuba’s new law changes US sanctions. See the next section.
Rules for US Citizens and Residents
The Treasury Department’s Office of Foreign Assets Control (OFAC) answers this directly in its Cuba sanctions FAQ 799: “Generally no, a person subject to U.S. jurisdiction is not authorized to purchase or lease real property in Cuba.”
“Subject to US jurisdiction” is broader than holding a US passport. It includes US citizens and permanent residents (green card holders) wherever they live, people physically in the United States, and US companies. That means a Cuban American living in Miami is covered, even though Cuban law now treats emigrants as full owners.
OFAC’s narrow exceptions:
- Entities authorized to set up a business presence in Cuba may buy or lease property for that purpose.
- Their authorized employees who are allowed to live in Cuba may buy or lease a residence.
- Authorized travelers may rent lodging only for the length of their stay.
There is a second US risk: property confiscated by the Cuban government after 1959. Since Title III of the Helms-Burton Act took effect on May 2, 2019, US nationals with claims to confiscated property can sue in US federal court anyone who “traffics” in it, a term that includes buying, investing in or benefiting from that property.
If you are inheriting or selling a family home rather than buying one, the OFAC FAQ does not spell out every scenario. Talk to a US sanctions attorney before moving money.
How a Home Sale Works Under Law 187: Step by Step
- Check the title. The home must be registered in the property registry. An unregistered home cannot be legally sold or donated. Ask for the title deed and confirm the vacation-home status if that matters for your limit.
- Check the home’s history. Homes built or allocated with a state subsidy carry restrictions for 15 years from the first allocation: if sold or donated, the subsidy must be repaid, and the state has a right of first refusal. These restrictions are written into the registry and the title, and later sales do not restart the clock.
- Check who lives there. The law protects certain cohabitants, such as elderly relatives with nowhere else to go. A sale does not automatically evict them.
- Agree on the price. Buyer and seller set it freely. Taxes, however, are calculated on a floor value set by the state (see Costs).
- Arrange the bank payment. Cash is not allowed. The money has to move through a Cuban bank instrument or another non-cash method. Ask the bank and the notary which instrument they accept before signing anything.
- Sign before a notary. The sale is formalized by public deed before a notary in the province where the home is located. The seller must prove that prior debts and the relevant taxes are paid.
- Register the transfer. The new owner must be recorded in the registry. Until then, your ownership is exposed.
Typical mistake: paying the seller “under the table” to lower the declared price. Taxes are due on at least the state’s minimum reference value, and the cash ban makes off-the-books payments harder to justify if the deal goes wrong.
Costs: Taxes and Reference Values
Under the rules applied until now, the buyer pays a 4% transfer tax and the seller pays personal income tax on the sale. Both are paid at the notary when the sale is signed. Resolution 313 of 2024 from the Ministry of Finance and Prices, in force since November 15, 2024, raised the minimum reference values for homes roughly fivefold, Periódico Cubano reported (in Spanish). Examples it published:
| Zone type | Sample reference value | Buyer’s 4% tax |
|---|---|---|
| Special Economic Development Zone | 1,487,500 CUP | 59,500 CUP |
| High tourism significance zone | 1,815,000 CUP | 72,600 CUP |
| Highly urbanized municipalities | 762,500 CUP | 30,500 CUP |
| Provincial capitals and outer Havana municipalities | 300,000 CUP | 12,000 CUP |
| Municipalities with low economic activity | 138,750 CUP | 5,550 CUP |
These are examples for specific home profiles, not prices. Actual value also depends on the home’s features in the title, and rural or suburban homes can get reductions.
What Law 187 adds: the cadastral value becomes the tax base for property tax and property transfers, and the law amends Cuba’s Tax System Law (Law 113). Reports on the published text did not detail new rates, so check the current figures with the notary or Cuba’s tax office (ONAT) before you budget.
Other Ways to Get a Home: Swaps, Donations, Inheritance and Rentals
| Method | What Law 187 requires |
|---|---|
| Swap (permuta) | Public deed before a notary; fewer prior permits than before |
| Donation | Home registered; public deed before a notary in the province (except donations to the state); extra limits on state-allocated homes |
| Inheritance | If heirs agree, a notarized deed; disputes go to court |
| Rental | Owners can rent a whole home or rooms; contract must state duration, price and duties; subletting needs the owner’s OK |
| New formats | Comodato (free loan for use), care contracts in exchange for rights over the home, and lease-to-own offers from real estate agencies |
For Cuban families abroad, inheritance is the change that matters most. People previously declared “emigrants” are no longer barred from inheriting under the old rules, and heirs no longer have to start the process within one year to keep a vacant home from going to the state.
What No One Is Telling Buyers Yet
Most English-language guides to buying in Cuba were written under Law 65 and are now out of date. Three gaps stand out after October 21:
- Paying from abroad. The cash ban means the money has to sit in the Cuban banking system. The law does not explain how a buyer living abroad funds that account, and for anyone under US jurisdiction, sending money for a property purchase runs straight into OFAC rules. Remittances to family are a separate matter, covered in our guide to sending money to Cuba from the United States.
- The foreigner question. Officials and the text point in slightly different directions on non-resident foreigners. Watch how the first notarized sales to foreigners go before acting.
- A housing crisis behind the reform. Cuba’s official housing deficit is above 800,000 homes. The country built only 5,493 homes in 2025, 26% fewer than in 2024, according to national statistics office data cited by IPS (in Spanish). Almost 40% of the 3.9 million homes counted at the end of 2020 were in fair or poor condition. Inspect before you buy.
Scams and Red Flags
- “We’ll put it in your cousin’s name.” Using a front owner is the classic workaround, and the classic way to lose a house. Legally, the house belongs to whoever is on the title.
- Websites selling Cuban homes to Americans. A Cuban listing does not make a purchase legal under US sanctions. If a site promises otherwise, walk away.
- Cash deals. Under Law 187, a cash sale is not a valid way to pay. Anyone pushing for cash is asking you to skip the legal process.
- Homes with a past. Ask whether the property was confiscated after 1959 or allocated with a state subsidy. Both can come back to haunt you.
- Homes in ruin. A cheap price may hide structural damage or an abandonment case.
Practical Tips
- If you own a home in Cuba and live abroad, appoint your representative now, with a notarized power of attorney, so the home is never considered abandoned.
- Get a copy of the registry record, not just the title deed.
- Before signing, ask the notary in writing which payment instrument they accept and what taxes are due on your deal.
- The reference values and taxes are set in Cuban pesos (CUP). If a seller quotes you in another currency, our guide to Cuban currency and exchange rates explains how the different rates work.
- Keep an eye on the new migration rules too: our coverage of Cuba’s migration and immigration laws explains how residency is now defined.
Alternatives If You Can’t Buy
- Help your family improve the home they already own. Many families abroad send building materials or appliances instead. See our list of online stores to buy in Cuba from abroad.
- Bring supplies on a trip. Check the limits in our guide to Cuba customs rules.
- Rent while you visit. Authorized travelers can rent lodging, such as a casa particular (a licensed private home rental), for the length of their stay.
FAQ
Can Americans buy property in Cuba?
Generally no. OFAC rules bar anyone subject to US jurisdiction from buying or leasing real estate in Cuba without authorization. Narrow exceptions exist for authorized businesses, their resident employees and short-term lodging for authorized travelers.
Can Cuban Americans buy a house in Cuba?
Cuba’s new law treats Cubans abroad as full owners, but a Cuban American who is a US citizen or green card holder is still bound by US sanctions. In practice, buying is generally off-limits for them under US law.
Can foreigners buy property in Cuba in 2026?
Foreigners with permanent residence in Cuba can. Law 187 also mentions sales to foreign individuals and companies, but how that applies to non-residents will depend on notarial practice after October 21, 2026.
How many houses can you own in Cuba?
Up to two, plus a vacation or rest home declared as such in its title. Going over the limit can cost you the most recently acquired home.
When does Cuba’s new housing law take effect?
On October 21, 2026, seven days after its publication in the Official Gazette on October 14, 2026.
Will I lose my house in Cuba if I emigrate?
Not under Law 187, which abolishes confiscation for permanent departure. You must name a representative in Cuba and keep the home maintained, because a home declared in ruin through abandonment can still be lost in court.
Will Cuba return homes confiscated from emigrants?
No. The new law does not automatically restore homes lost under the old rules, and pending cases continue under those rules.
Can I pay cash for a house in Cuba?
No. Law 187 requires payment through bank instruments or another non-cash method.
What taxes do you pay when buying a house in Cuba?
Under the rules in place until now, the buyer pays a 4% transfer tax and the seller pays personal income tax, both at the notary. The new law makes the cadastral value the tax base, so confirm current amounts before signing.
Can I inherit a house in Cuba if I live abroad?
The new law removes the old inheritance bar on people declared emigrants and the one-year deadline that put vacant homes at risk. If you are subject to US jurisdiction, get sanctions advice before taking part in the transaction.
Is it safe to buy a house in Cuba through a relative?
It is risky. Whoever is on the title is the legal owner, and you would have no legal claim if the relationship breaks down.
This article was originally published on March 21, 2022, and fully updated on October 15, 2026, after the publication of Law 187 in Cuba’s Official Gazette. It is for information only and is not legal advice. Sources: Law 187 as reported by EFE, elTOQUE and CiberCuba; OFAC Cuba sanctions FAQ 799; Resolution 313/2024 of Cuba’s Ministry of Finance and Prices; National Office of Statistics and Information (ONEI) data reported by IPS.
