Short answer
It depends on residence, not on nationality. Under the published law located as of 12 August 2026, private home sales between individuals cover Cuban citizens domiciled in Cuba and foreign permanent residents. A foreigner with no permanent residency in Cuba is not covered by the ordinary private residential sale.
An official explanation from the Ministry of Justice also covers Cuban citizens whose migratory status is resident abroad when they keep their domicile in Cuba. A Cuban passport or identity card on its own does not settle every case, and marriage to a Cuban citizen does not grant ownership automatically.
Ley 187 «De la Vivienda» is not in force. The National Assembly approved it on 30 July 2026 and the Gaceta Oficial has published the agreement approving it, but not yet the text of the law, so this page still explains the regime that governs today. The current status, with its Gacetas, is in our Ley 187 tracker.
Who can buy a home in Cuba
The answer depends on domicile, residence and the legal route of the transaction. Article 2 of the Ley General de la Vivienda (General Housing Law, Ley 65 of 1988) covers Cuban citizens domiciled in Cuba and foreign permanent residents. Eligibility should not be decided on nationality, passport or marriage alone.
| Situation | Indicative answer | What to confirm |
|---|---|---|
| Cuban citizen domiciled in Cuba | In principle may act as buyer. | Identity, legal capacity, domicile and the transaction documents. |
| Cuban citizen resident abroad | An official explanation from the Ministry of Justice covers this case when the person keeps a domicile in Cuba. | Do not assume a passport or identity card evidences the required domicile on its own. |
| Foreign permanent resident | Covered by the published law located. | Permanent residency, legal capacity and the remaining notarial requirements. |
| Foreigner without permanent residency | Not covered by the ordinary private residential sale located. | Marriage to a Cuban citizen does not grant ownership automatically. |
| Foreign investor | Article 17 of Ley 118 on Foreign Investment allows real estate rights inside authorised investments. | That route is not the same as freely buying any private home. |
| Person subject to US jurisdiction | May additionally be reached by OFAC restrictions. | The applicable US authorisation, on top of Cuban compliance. |
Is the new 2026 Housing Law in force?
No. Official reporting published on 30 July 2026 confirms that the National Assembly approved a new Housing Law. That announcement mentioned, among other changes, an opening for foreign nationals and the possibility of holding up to two homes.
Parliamentary approval, presidential endorsement, publication and entry into force are not the same legal moment. Gaceta Oficial Ordinaria No. 67, of 14 August 2026, published Acuerdo X-178, which approves the law so that it can be endorsed by the President of the Republic before publication; what has still not been published is the text of the law. Until that happens Ley 187 is not in force and Ley 65 of 1988 still governs.
That is why this guide explains the regime that can actually be checked today and does not apply the announced changes. The running status, citing each Gaceta and the steps still missing, is kept in Cuba’s Housing Law 187: passed, but not yet in force.
What to verify before agreeing to buy
Title, encumbrances and description
Ask for confirmation of who is recorded as owner, whether there are encumbrances, limitations or third-party rights, and whether the title describes the same property that appears in the Registry. Decreto Ley 51 of 2021 governs registry publicity for property and rights, and Resolución 493 of 2021 develops the registry procedure.
Except in the cases the law admits for a first registration, the seller's right must be recorded before it can be transferred. Do not hand over funds because somebody shows an informal copy or says the paperwork will be regularised later.
Physical condition and occupancy
A legal review does not replace a technical inspection. Check structure, roof, damp, installations, water supply, extensions and whether reality matches the documents. Check as well who occupies the home and under what right. If construction condition matters to your decision, consult an independent professional.
Inheritance, co-ownership and representation
An estate, a co-ownership or a representation may require additional titles, consents, awards or powers of attorney. The notary has to determine which documents the specific case needs. Avoid advancing money until the people entitled to transfer are identified and the documentation is sufficient.
How to buy a house in Cuba, step by step
- Search and compare homes. Review location, condition, services and available documentation. You can start with the homes for sale on Casas Oasis.
- Visit and inspect. Check the home, its occupants, extensions and anything that needs a technical opinion.
- Verify the parties and the property. Review identity, legal capacity, title, registry entry and encumbrances before committing funds.
- Agree the price and arrange the bank payment. Confirm with the bank and the notary which instrument will allow the full price to be paid at execution, and how to evidence beforehand that the money exists.
- Submit the documents to the notary. The exact file depends on marital status, representation, how the title was acquired and how the property is regulated.
- Execute the deed and settle the taxes. The deed must record the price and the form of payment, and both parties must meet the applicable tax obligations.
- Register the right acquired. Complete the entry at the Property Registry and keep verifiable copies of the deed and the receipts.
There is no universal closing time that applies to every transaction. How long it takes depends on the documentation, the registry situation, the authorisations needed and the capacity of the offices involved.
Documents, powers of attorney and buying from abroad
Ley 175 del Notariado (the Notary Act) has been in force since 7 January 2026. The documentation cannot be reduced to one identical checklist for everybody, but the analysis starts from the identity and legal capacity of the parties, the title over the property, the registry situation and, where somebody acts for another person, their representation.
A power of attorney granted outside Cuba
Cuban consular officers can exercise notarial functions for documents intended for Cuba. Where a foreign document has to be entered into the Cuban protocol, articles 208 and 209 of Ley 175 provide for the corresponding Cuban consular or diplomatic certification. Do not assume a foreign apostille is sufficient on its own.
The law contemplates participation by videoconference in specific cases, but that does not turn every sale into a remote procedure. Before granting a power of attorney, ask the Cuban notary to confirm the powers, form, legalisation and validity period the planned transaction needs.
Taxes on the sale
The tax base and the rates have to be read together in Ley 113 on the Tax System and its amendments. The consolidated version published in 2026 makes it possible to check the applicable articles.
Buyer's tax
The buyer pays 4% on the transfer. The base is the declared price when it equals or exceeds the minimum reference value; if the declared price is lower, the minimum reference value is used.
Seller's tax
The seller pays 4% on the income from the transfer. If they sell more than one home in the same tax year, 8% applies from the second home sale onwards and on each subsequent one. The law sets out the same count, separately, for selling more than one vehicle.
How the minimum reference value is obtained
The corrected copy of Resolución 313/2024 has applied since 15 November 2024. Its methodology combines location, class of property, construction characteristics, bedrooms, garage or parking, yard or garden and a territorial coefficient. It is not a simple rate per square metre.
For an estimate based on that table, use the property transfer tax calculator. Confirm the figure that applies to your own file before paying.
How the price and the payment are documented
Article 70, paragraphs 3 and 4, of the Ley General de la Vivienda requires the full price to be paid when the sale is formalised before the notary, using payment instruments issued by a banking institution. The buyer must evidence, with the corresponding bank document, that the money exists at a branch.
Article 166 of Ley 175 additionally requires the deed to record the price and the agreed form of payment. This does not establish a single currency, and there is no general 25,000 CUP cash limit of the kind this page previously and wrongly attributed to these transactions.
Resolución 74 of 2026 of the Central Bank of Cuba suspended articles 4 and 5 of Resolución 111 of 2023 for the economic entities that regulation covers. That suspension does not remove the specific bank-payment rule article 70 sets for home sales between individuals.
The notary and the Property Registry
The notary verifies identity, legal capacity, representation and the requirements of the act, drafts the deed and records the price and the payment. Article 168 of Ley 175 requires prior registration where applicable and governs sending the instrument to the Registry.
The Property Registry gives legal publicity to properties and to the rights recorded over them. After signing, check that the title you acquired is submitted and recorded, and that the final description matches the home. Keep the original documentation and the tax receipts.
Restrictions for persons under US jurisdiction
FAQ 799 of the US Office of Foreign Assets Control states that persons subject to US jurisdiction are generally not authorised to purchase or lease real property in Cuba without an OFAC authorisation, with limited exceptions. The category is broader than US citizenship.
Complying with Cuban law does not remove that restriction. If it may reach you, obtain specific sanctions advice before committing or transferring funds.
Buying, permuta, market prices and architecture
This page concentrates on requirements and the legal process. To keep search intents separate, supply and price figures live in the Cuban real estate market report; home swaps are explained in the permuta guide; and history, styles and materials appear in the guide to Cuban house architecture.
Frequently asked questions
Can a foreigner buy property in Cuba?
Under the published law located as of 12 August 2026, private home sales cover Cuban citizens domiciled in Cuba and foreign permanent residents. A foreigner without permanent residency is not covered by the ordinary private residential sale. Marriage to a Cuban citizen does not grant ownership automatically, and authorised real estate rights under Ley 118 on foreign investment are a different route that does not allow buying any private home freely.
Is the new 2026 Housing Law already in force?
No. Cuba's National Assembly approved Ley 187 «De la Vivienda» on 30 July 2026, and Gaceta Oficial Ordinaria No. 67 of 14 August 2026 published Acuerdo X-178 approving it, but not the text of the law itself. Until that text is published the clock on its entry into force has not even started, so Ley 65 of 1988 still governs and this guide does not yet apply the announced changes. Checked on 23 September 2026.
Can Cubans living abroad buy a home in Cuba?
An official explanation from the Ministry of Justice covers Cuban citizens with migratory status as residents abroad when they keep their domicile in Cuba. A Cuban passport or identity card on its own does not settle every case: the notary has to confirm the domicile the law requires.
Can the purchase be completed from abroad?
Searching and preparing can be done from abroad, but eligibility and representation have to be verified for the specific case. Powers of attorney and foreign documents intended to have effect in Cuba must meet the consular and notarial formalities set out in Ley 175 del Notariado. Do not assume a foreign apostille is enough on its own.
How much tax do the buyer and the seller pay?
The buyer pays 4% on the declared price when it equals or exceeds the minimum reference value; if the declared price is lower, the minimum reference value is used instead. The seller pays 4% on the income from the transfer. If the seller transfers more than one home in the same tax year, 8% applies from the second home sale onwards.
How must the price be paid?
The Ley General de la Vivienda requires the full price to be paid when the sale is formalised before the notary, using payment instruments issued by a banking institution, and the buyer must evidence with the corresponding bank document that the money exists at a branch. There is no general 25,000 CUP cash limit applicable to this sale, contrary to what this page previously stated. Confirm the exact instrument with the bank and the notary.
Can a person subject to US jurisdiction buy in Cuba?
OFAC states that persons subject to US jurisdiction are generally not authorised to purchase or lease real property in Cuba without an OFAC authorisation, with limited exceptions. The category is broader than US citizenship, and complying with Cuban law does not remove the US restriction.
