Havana, Cuba
Housing paperwork in Cuba · for anyone who needs it

Inheritance, power of attorney and sale, without traveling.

For those who buy, sell or inherit. An independent lawyer handles each procedure and signs the contract with you and the report. Diana coordinates and charges for the coordination. The notary has the last word.

Procedures and prices

The independent lawyer signs the contract with you. Diana coordinates, follows up and gives you the full figure before starting. Prices are the total, from: lawyer and coordination. Notary, registry and consular fees and taxes are paid separately.

1Paper review before buyingOnce you have chosen the house, before payingfrom $905 to 10 days

The lawyer requests the documents from the seller and reviews them: title, registration in the Registro de la Propiedad (the Cuban property register), what is built against what is registered, and the valor referencial (the minimum value set by the State). You get a written report: what there is, what is missing and what risk you run. The lawyer signs it.

Registro de la Propiedad · Resolución 313/2024 MFPAsk about this procedure
2Unformalized inheritanceFor those who inherited and never went to the notaryfrom $4002 to 5 months

Declaratoria de herederos (declaration of heirs) and allocation, to put the house in the name of whoever it belongs to. It can be done without traveling to Cuba, with a power of attorney.

Ley 175/2024 del Notariado · Ley 113/2012Ask about this procedure
3Poder especial at the consulateFrom the United States, Spain, Mexico, Brazil, Uruguay, the United Kingdom or another countryfrom $1203 to 6 weeks

To buy or sell without traveling. A poder especial is a special power of attorney limited to specific acts. It is drafted with the exact powers: to sell, the house and the minimum price; to buy, the maximum price and the procedures. It is granted at the Cuban consulate in your country, to a relative, a lawyer or, if you are buying, to Diana. No legalization required. The consulate charges its own fee: $160 or €160 for the poder especial, plus 30 per page.

Ley 175/2024 del NotariadoAsk about this procedure
4Change of migration statusFor those with emigrado statusconsultation $40From 1 Nov 2026

Application for recognition as a resident abroad. It can be filed from 1 Nov 2026. First, a $40 consultation to review your case. If you go ahead, the procedure costs from $250, with an independent lawyer.

Ley 171 de Migración y su reglamentoAsk about this procedure
5The house in the name of someone who leftFor those who left the country and left the housefrom $2001 to 4 months

Review of ownership and of the route to put it in order. The earlier rules apply today. When Ley 187 is published, the lawyer reviews whether your case changes.

Ley 187, approved, not yet publishedAsk about this procedure
6Construction not on recordFor those who extended without registeringfrom $2502 to 4 months · includes survey and plans

Legalization of self-built construction: a floor, a garage, a room. The deadline to legalize has been extended by one year.

Acuerdo 10378, Gaceta n.º 70 Ord. 2026Ask about this procedure
7A second homeFor those who want another housefrom $1502 to 6 weeks

Review of your case. Ley 187, once in force, will allow up to two urban homes and one holiday home. Until then, the earlier rules apply.

Ley 187, approved, not yet publishedAsk about this procedure
8A house in ruinsFor those buying to restorefrom $3001 to 3 months · includes technical visit

What can be done, with what permit and in what time, when the home is declared a ruin.

Ley 187, approved, not yet publishedAsk about this procedure
9ComodatoFor owners who let family use the housefrom $1002 to 4 weeks

Comodato is a free loan-for-use contract: someone uses the home for a time and ownership does not change.

Ley 187, approved, not yet publishedAsk about this procedure
Legal basis

Where each fact comes from.

Rules published in the Gaceta Oficial. Reviewed 12 Oct 2026. This is information, not advice: the notary, the Registro or the court applies the law.

Ley 187 «De la Vivienda»Approved 30 Jul 2026

Approval confirmed in Gaceta n.º 67 Ord. (14 Aug 2026). Full text not published as of 10 Oct 2026. It comes into force 90 days after publication. Until then, the earlier rules apply.

Ley 171 «De Migración»In force from 1 Nov 2026

Effective migratory residence. Residents abroad keep the use and free disposal of their property. Emigrado status remains unless a change is requested.

Decreto-Ley 117/2026 and Decreto 150/2026In force since 5 May 2026

The «Inversores y de Negocios» migration status for Cubans resident abroad or emigrados who take part in an economic project. It is requested at the consulate. Holders are treated as residents in Cuba while they are in the country. Gaceta Extraordinaria n.º 60.

Decreto-Ley 302/2012Until 31 Oct 2026

24 months abroad without losing residence. Automatic, free MINREX extension since 19 Mar 2020, «until further notice».

Ley 175/2024 del NotariadoIn force since 7 Jan 2026

The notary alone is responsible for checking identity and capacity. Documents from Cuban consuls need no legalization.

Decreto-Ley 288/2011In force

Sale between individuals. Foreigners buy only with permanent residence.

Ley 113/2012 del Sistema TributarioIn force

Buyer: 4% Transmisión de Bienes y Herencias. Seller: Ingresos Personales; 8% from the second sale of the year (art. 45). Paid at the notarial signing; 3% discount for electronic payment.

Resolución 313/2024 MFPIn force

Minimum reference values (valores referenciales). The tax base is the declared price if it is equal to or higher than the reference value.

Ley 65/1988 General de la ViviendaIn force until Ley 187

Applies while Ley 187 is not in force. If a house is left without legal occupants when its owner dies, the heirs have one year to register with the Dirección Municipal de la Vivienda (municipal housing office). If they do not, the house passes to the State and they receive its legal price.

Resolución 37/2026 MINREXIn force since 1 Oct 2026

Consular fees. Poder especial: $160 or €160. General power of attorney: 220. Deeds: 150. Will: 100. Plus 30 per page. The consul cannot raise or lower these fees.

Acuerdo 10378Gaceta n.º 70 Ord. 2026

Extends by one year the deadline to legalize construction built without authorization.

Notarial practiceIn force

Cheque de gerencia (a bank-issued manager’s check) made out to the seller, handed to the notary. Escritura (notarial deed) in CUP. Registration in the Registro de la Propiedad closes the transfer.

Frequently asked questions

What people ask most.

Reviewed 12 Oct 2026. This is information, not advice.

Can I buy a house in Cuba if I live abroad?

It depends on your citizenship and your migration status, not on where you live. If you are a Cuban citizen resident in Cuba, yes, in your own name. If you are a foreigner, only with permanent residence. If you are a resident abroad, the lawyer confirms it: Ley 171 recognizes your property, but creates no new procedure for buying. Another route, for business projects, is the «Inversores y de Negocios» status (Decreto-Ley 117/2026).

Decreto-Ley 288/2011 · Ley 171 · Ley 187

Am I still a resident in Cuba if I have been away more than 24 months?

Until 31 Oct 2026, yes, if your 24 months ran out on or after 19 Mar 2020: the automatic, free MINREX extension covers you. From 1 Nov 2026 you are a resident if you spend more than 180 days a year in Cuba, more than 120 with proven ties, or if you prove you are away for work, health or study.

Decreto-Ley 302/2012 · MINREX extension from 19 Mar 2020 · Ley 171

What is an emigrado, and what changes with Ley 171?

Emigrado is the legal status of someone who was away more than 24 months without an extension before 19 Mar 2020. They keep Cuban citizenship. From 1 Nov 2026 they can apply for recognition as a resident abroad. If they do not apply, they remain emigrado.

Ley 171 de Migración

When does Ley 187 «De la Vivienda» come into force?

It has no date yet: it comes into force 90 days after its text is published, and the text has not come out (as of 10 Oct 2026). The National Assembly approved it on 30 Jul 2026. Until then, the earlier rules apply.

Gaceta n.º 67 Ord., 14 Aug 2026

Can I inherit a house in Cuba from abroad?

If you do not have emigrado status, yes, and without traveling. You sign a poder especial (special power of attorney) at the Cuban consulate and, with it, the declaratoria de herederos (declaration of heirs) is made before a notary, or the will is opened. If you have emigrado status, the lawyer first reviews your case.

Ley 175/2024 del Notariado

How do I grant a power of attorney from the United States, Spain or Mexico?

At the Cuban consulate in the country where you are. The power states the house, the minimum price and the procedures. Because a Cuban consul signs it, it needs no further legalization. Then you send it to Cuba.

Ley 175/2024 del Notariado

What taxes are paid when buying a house in Cuba?

The buyer pays 4% Transmisión de Bienes y Herencias (property transfer tax). The seller pays Ingresos Personales (personal income tax): 8% from the second sale of the year. Both are paid at the notarial signing, with a 3% discount for electronic payment. The base is the declared price if it is equal to or higher than the valor referencial (the State’s minimum reference value).

Ley 113/2012, art. 45 · Resolución 313/2024 MFP

How is a house paid for in Cuba?

With a cheque de gerencia (a bank-issued manager’s check) made out to the seller, handed to the notary. The escritura (notarial deed) is signed in CUP. The purchase closes with registration in the Registro de la Propiedad (the property register). El Solar never holds money.

Notarial practice · Registro de la Propiedad

Does El Solar check the house papers?

No. What the papers say is declared by the seller. If you want, an independent lawyer reviews them and signs a report: it is a paid service. The notary has the last word.

Legal notice

Do I lose my house in Cuba if I live abroad?

If you are a resident in Cuba or a resident abroad, no: you keep the use and free disposal of your house. If you have emigrado status, it depends on your case, and the lawyer reviews it.

Ley 171 de Migración

Can I sell my house in Cuba without traveling?

Yes, with a poder especial to a relative or a lawyer, granted at the Cuban consulate in your country. The power sets the house, the minimum price and the procedures. The cheque de gerencia is made out to you and goes to your Cuban account.

Ley 175/2024 del Notariado · Decreto-Ley 288/2011

Is a power of attorney made before a US or Spanish notary valid in Cuba?

Yes, but it needs three more steps: it is authenticated in the country where you signed it, the Cuban consulate legalizes it and, in Cuba, a notary records it (protocolización). An apostille alone is not enough, because Cuba is not party to the Hague Convention. If you have not signed the power yet, do it at the Cuban consulate: that power is valid in Cuba with no extra steps.

Ley 175/2024 del Notariado, arts. 15.2 y 252.1

My parents died and the house is still in their name: what do I do?

The declaratoria de herederos is made, or the will is opened, before a notary. Then the allocation is entered in the Registro de la Propiedad. An heir outside Cuba acts through a poder especial.

Ley 175/2024 del Notariado · Ley 113/2012

Several siblings inherit and one lives abroad: can we divide the house?

Yes. The one abroad signs a poder especial at the Cuban consulate and the procedure continues in Cuba. How the house is divided between the siblings is confirmed by the lawyer for your case.

Ley 175/2024 del Notariado

What if the seller lies about the papers?

The seller answers for it. What the papers say is declared by the seller, and the law obliges the seller to answer if you lose the house, in whole or in part, through a right older than the sale, and for hidden defects. That loss is claimed through a final court judgment. To avoid it, an independent lawyer can review the papers before you sign.

Código Civil (Ley 59/1987), arts. 340 a 345

How do I legalize an extension that is not in the escritura?

Through the legalization of self-built construction: a floor, a garage, a room. The deadline to legalize has been extended by one year. Without this procedure, what was built is not in the title.

Acuerdo 10378, Gaceta n.º 70 Ord. 2026

Is there a deadline to inherit a house in Cuba?

It depends on whether the house is occupied. If someone lives in it, there is no deadline for the declaratoria de herederos. If it is empty, the heirs have one year from the death to register with the Dirección Municipal de la Vivienda (municipal housing office), or to show that the procedure is under way. After that year, the house passes to the State and the heirs only receive its legal price.

Ley 65/1988 General de la Vivienda, in force until Ley 187 comes into force

How much does it all cost, from start to finish?

On top of the price, you pay three things: the 4% tax (on the declared price or the valor referencial, whichever is higher), notary and Registro fees, and the management. Diana gives you the full figure for your case before you start.

Ley 113/2012 · Resolución 313/2024 MFP

How long does a sale or an inheritance take in Cuba?

Management takes 5 to 10 days for a paper review, 3 to 6 weeks for a power of attorney and 2 to 5 months for an inheritance. Add the time of the notary and the Registro, which nobody can promise.

El Solar management times

Can a Spaniard married to a Cuban woman buy a house in Cuba?

He can, only if he has permanent residence in Cuba. She can buy in her own name if she is a Cuban citizen resident in Cuba. How the marriage affects ownership is confirmed by the lawyer for your case.

Decreto-Ley 288/2011

Can I buy a house in Cuba in the name of my partner or a relative?

Yes, if that person can buy: a Cuban citizen resident in Cuba or a foreigner with permanent residence (Decreto-Ley 288/2011). But the house is theirs, legally and for good. If you break up or that person dies, their heirs inherit, not you. No verbal agreement changes what the escritura says.

What if the escritura states less than what is paid?

Only what is written counts. If the sale is annulled or there is a lawsuit, you recover the price in the escritura, not the price paid. Also, the tax is never calculated below the valor referencial (Resolución 313/2024 MFP).

Can I pay for the house outside Cuba and sign here?

It is not safe. Payment is proven by the cheque de gerencia made out to the seller, handed to the notary. What is paid abroad is not tied to the escritura: if the seller backs out, getting it back is very hard.

Does a private sale contract, without a notary, work?

It does not transfer the house. A home sale between individuals is made by notarial escritura (Decreto-Ley 288/2011) and closes with registration in the Registro de la Propiedad. Until then, the house still belongs to the seller and their heirs.

Tell Diana about your case. If there is no way out, she tells you.

Message Diana