Cuban emigrants will no longer lose their homes by permanently leaving the country. That is one of the main novelties of the Draft Law of the Dwellingwhich is subject to an online consultation process until next February 28.
The new regulations seek to modernize the legal framework for ownership and construction in a country with an estimated deficit of more than 900 thousand homes and a pace of construction considered deplorable by specialists and authorities.
The legislative proposalwhich would repeal the General Housing Law of 1988, introduces substantial changes in property, financing and leasing rights. The Ministry of Construction is the governing body in charge of implementing state policies on the matter and is the one who carries out the consultation through its digital platforms.
The draft eliminates the penalty of confiscation of the home due to the permanent departure of the owner, a measure that for decades generated uncertainty among emigrants. It also clarifies the transfer rules – sale, donation, exchange and inheritance -, reduces administrative discretion and coordinates the regulations with territorial planning plans.
Emigrants will be able to inherit and keep properties, while vacation homes will have the same transfer rights as residential homes. In addition, natural persons will be allowed to own up to two homes, not counting the declared rest home.
Financing diversification
For the first time in decades, the future law introduces mortgage financing as a way to acquire or build homes. This mechanism, regulated by subsequent specific legislation, will allow families to access long-term credit with their own home as collateral.
Until now, most had to save for years, depend on remittances or build in stages depending on the availability of resources.
The scheme is complemented by traditional bank loans and budget subsidies aimed at vulnerable families, victims of natural disasters and priority programs such as youth and large families.
Diversification seeks to mobilize public and private resources to face a housing deficit that exceeds 929 thousand units.
The repair and construction of housing with state subsidies has collapsed in Cuba
Leasing, subletting and subsidies
The draft increases the proportion of rental homes, even allowing subletting. This aims to expand the housing offer and serve sectors that cannot access property.
The measure responds to the need to make the market more flexible and offer alternatives in a context of scarcity.
Likewise, the standard establishes preferential mechanisms and subsidies for prioritized sectors: workers in key areas without resources, people in overcrowding, young people of working age, large families, older adults, people with disabilities and victims of domestic violence.
A specific chapter is included on young people’s access to housing, recognizing their particular situation in the Cuban real estate market.
More than 100 thousand homes damaged after Hurricane Melissa
Rest homes and transfer of rights
Rest homes – located in beach, mountain or countryside areas – will have the same transmission rights as residential homes. They may be sold, donated, exchanged and inherited without special limitations.
In addition, they may be subject to mortgage financing, which opens the possibility of using them as collateral for loans.
Likewise, the draft strengthens the boards of directors in multifamily buildings, granting them greater autonomy to set fees, approve expenses, contract services and legally represent the owners.
Self-financing ways are established for maintenance, including leasing of common spaces and access to bank loans. The State will undertake the structural rehabilitation of buildings in high deterioration through comprehensive programs.
Critical context: construction deficit and regulatory dispersion
The consultation on the Draft Law of the Dwelling It takes place in the midst of the worsening economic crisis on the island, which has the construction sector and, in particular, the issue of housing, one of its critical points.
In July 2025 and according to Micons, only a total of 2,728 had been built in that half of the year, which represents a growth of just 0.1% annually.
The island’s housing stock is 4.1 million homes, of which 65% are in good technical condition (2.6 million), while 35% are evaluated in fair and poor condition (1.4 million), according to the official entity.
On the other hand, the government recognizes that the regulatory dispersion—with nine decree laws and 127 applicable regulations—has generated a lack of control and execution.
The new framework seeks to simplify procedures, expand rights and diversify sources of financing to face a housing crisis that affects millions of Cubans.
As officially reported, all Cubans can participate in the consultation until February 28, 2026 by sending opinions to the email enabled by the Ministry of Construction ([email protected])
After the consultation, the preliminary draft could undergo variations before the presentation of the final text to the National Assembly for approval. According to the most recent legislative schedule of the island This should happen this year.
