Cuba to End Property Confiscation for Emigrants Under New Housing Law

Cuba is about to make a historic shift in its housing policy. The draft Housing Law, currently under public consultation, would eliminate one of the most painful regulations for the Cuban diaspora: the confiscation of homes from those who emigrate permanently.

For decades, Cubans who left the island faced automatic loss of their properties. This reality has marked entire generations and created legal uncertainty for millions of families divided between Cuba and abroad.

What Changes with the New Law?

The draft, which would repeal the 1988 General Housing Law, introduces fundamental changes:

For Emigrants

• End of confiscation: Cubans who leave permanently will no longer lose their homes
• Right to inherit: Emigrants will be able to inherit and keep properties in Cuba
• Transfer of rights: Sale, donation, exchange, and inheritance of properties clarified

For All Cubans

• Up to two homes: Ownership of up to two residential properties will be allowed, plus one vacation home
• Vacation homes: Beach, mountain, or countryside houses will have the same transfer rights
• Less bureaucracy: Administrative discretion in procedures reduced

Mortgage Financing: A Quiet Revolution

For the first time in decades, Cuba will introduce mortgage financing. This means families will be able to:

• Access long-term loans
• Use their home as collateral
• Build or buy without relying solely on savings or remittances

Until now, most Cubans had to save for years, receive remittances from abroad, or build in stages based on available resources. The new scheme is complemented by traditional bank loans and subsidies for vulnerable families.

The Context: A Deep Housing Crisis

The consultation comes at a critical time. Cuba faces:

• Deficit of over 900,000 homes
• Only 2,728 homes built in the first half of 2025 (0.1% growth)
• 35% of housing stock in fair or poor condition (1.4 million homes)
• Regulatory fragmentation with 9 decree-laws and 127 applicable regulations

The government acknowledges that this fragmentation has led to lack of control and effective implementation.

Other Important Changes

Expanded Rental Market

• Higher proportion of rental housing
• Subleasing will be permitted
• Market flexibility to expand supply

Prioritized Groups

The law establishes subsidies and preferential mechanisms for:

• Workers in key areas without resources
• People in overcrowded housing
• Young people of working age
• Large families
• Elderly and disabled persons
• Victims of domestic violence

Multi-family Buildings

Homeowner associations will have greater autonomy to:

• Set fees and approve expenses
• Contract services
• Rent common spaces
• Access bank loans for maintenance

How to Participate in the Consultation

All Cubans can submit opinions until February 28, 2026 to the email consultaleyvivienda@oc.micons.gob.cu.

After the consultation, the draft may be modified before being presented to the National Assembly for approval, which according to the legislative calendar should happen this year.

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For the Cuban diaspora, this change represents the end of an era marked by the forced loss of family heritage. Although still a draft, its approval would mean a long-awaited recognition of the property rights of millions of Cubans abroad.

Source: OnCuba News