Can Americans buy real estate in Cuba? Understand US authorization requirements separately from Cuban ownership eligibility, residency and transaction rules.
Generally no: persons subject to US jurisdiction cannot purchase or lease real estate in Cuba without applicable OFAC authorization. OFAC FAQ 799 describes limited authorizations, not automatic permission for every American buyer. Cuban law separately determines whether the buyer, property and transaction qualify.
Reviewed 17 October 2026: Ley 187 was published on 14 October and its stated effective date is 21 October 2026. It is not yet in force on this review date.
US citizenship alone does not authorize a purchase. OFAC FAQ 799 says that persons subject to US jurisdiction may not purchase or lease property in Cuba unless authorized by OFAC. The transaction must fall within an applicable general license and satisfy all its conditions, or have applicable specific OFAC authorization. Cuban permission, a willing seller or a bank willing to process payment is not a substitute.
Under 31 CFR § 515.573, certain eligible entities may establish a physical or business presence for authorized activities. FAQ 799 explains that purchasing or leasing premises incident to that authorized presence may be permitted. Qualifying employees authorized under § 515.573(a)(4) to establish domicile in Cuba may purchase or lease residential property for use while domiciled there. Eligibility, activity, duration and all license conditions must be checked; forming a company or calling a purchase an investment does not automatically qualify.
FAQ 799 explains that authorized travelers may rent accommodations during their authorized stay under § 515.560(c), but cannot retain the property after departure on that basis. Real-property transactions remain subject to § 515.208, including restrictions involving confiscated property, and other applicable sanctions. A travel authorization does not independently authorize a home purchase.
No, not automatically. Under 31 CFR § 515.329, US citizens and US residents are persons subject to US jurisdiction wherever located; the definition also covers persons within the United States and specified entities. Cuban residency may affect Cuban ownership eligibility, but it does not create OFAC authorization. A second nationality, marriage to a Cuban citizen or using a foreign bank is not an automatic exemption for a US citizen.
First establish whether Cuban law permits this buyer, property category and transaction, including the necessary title, approvals, notarial and registry steps. Separately establish whether US jurisdiction applies and whether this particular transaction is authorized with every applicable condition met. Permission under one legal system does not establish permission under the other. Obtain competent Cuban legal advice and US sanctions advice before signing or paying.
Not through one unrestricted route that applies to everyone. Foreign permanent residents may have different possibilities from non-residents. Certain designated real-estate or approved investment structures may follow separate rules. A case-specific review is required before commitment.
A private residential transaction is not the same as a project governed by Cuba's foreign-investment framework. Law 118/2014 and Decree 325/2014 establish the general foreign-investment framework, but they do not make every property available to every foreign buyer.
Law 187/2026 (Ley de la Vivienda) was published in Gaceta Oficial No. 86 Ordinaria on 14 October 2026. Its stated effective date is 21 October, seven days after publication: these are forthcoming rules as of 17 October. The existing CPS article examines the home-ownership limit, foreign-person purchase references in Articles 43.2 and 89, non-cash payment in Article 90.1 and cadastral-value tax provisions. These must be read within their Cuban property-category and transaction context, not as blanket foreign-buyer permission, residency rights or an exemption from US sanctions. Practical foreign-buyer channels still require confirmation by competent Cuban professionals and authorities.
Checked against the official Gaceta No. 86 text already held in the CPS legal knowledge collection: Articles 43.2, 89 and 90.1, the Fourth Final Provision on tax rules and the Sixth Final Provision on commencement. These provisions do not establish blanket foreign-buyer eligibility. Resolution 15/2026 retains its separate seven-working-day commencement rule; do not assign Ley 187's date to every accompanying measure.
CPS coordinates information, document gathering and professional review. Notaries, the Property Registry, authorized legal professionals and competent authorities perform the formal acts and make official decisions.
Generally no without applicable OFAC authorization, according to FAQ 799. Limited authorizations have specific conditions. Cuban ownership eligibility must be satisfied separately.
Cuban residency does not automatically remove US restrictions. Section 515.329 covers US citizens wherever located. Cuban eligibility and OFAC authorization are separate questions.
Creating a company is not an automatic exception. Section 515.573 covers specified entities and authorized activities. FAQ 799 describes property incident to an authorized presence and qualifying employees' residential use while domiciled in Cuba, not unrestricted personal investment.
There is no unrestricted foreign-buyer route: migration status, property category and the transaction or investment framework matter. US jurisdiction can also extend beyond US citizenship under § 515.329.
FAQ 799 permits accommodations for the authorized stay under § 515.560(c). This does not permit retaining the property after departure or independently authorize buying a home.
No general permission should be inferred. Its foreign-person provisions require their Cuban legal context and cannot override US sanctions. On this guide's 17 October review date it is published but not yet in force; its stated effective date is 21 October 2026.
It is Cuba's new housing law, approved by the National Assembly of People's Power on 30 July 2026 and published in full in Gaceta Oficial No. 86 Ordinaria, dated 14 October 2026, together with its implementing decrees and resolutions (Decretos 176, 177 and 178/2026 and INOTU Resolutions 15 and 16/2026).
Under its Sixth Final Provision, the law enters into force seven days after publication in the Gaceta Oficial. Published on 14 October 2026, that rule points to 21 October 2026 as the effective date. Decretos 176, 177 and 178/2026 follow the same seven-day rule, while INOTU Resolution 15/2026 takes effect seven working days after publication. The 90-day period reported after the parliamentary vote does not appear in the published text.
It repeals Law 65 of 1988 (Ley General de la Vivienda) and the decree-laws that amended it, including Decreto-Leyes 185/1998, 211/2000, 233/2003, 288/2011, 322/2014, 342/2016, 353/2018 and 367/2018.
Natural persons — Cuban citizens and foreigners with permanent residence in Cuba (Art. 3) — may own up to two homes plus a declared holiday home (Art. 4.1). Sales between natural and legal persons, Cuban or foreign, are formalised by notarial deed (Art. 89.1).
The law mentions foreign natural and legal persons acquiring homes (Arts. 43.2 and 89.3), but does not give every foreigner an unrestricted right to buy any home. How this applies in practice, and through which entities, is not yet clear. Owning property does not create residency rights. Each case needs individual review.
They count as natural persons under Art. 3 and fall under the general rules, including the two-homes-plus-holiday-home limit (Art. 4.1).
Law 187 repeals Law 65/1988, and CPS found no provision under which a home is lost only because the owner lives abroad. Historic “emigrado” declarations are not reversed automatically; relatives who still occupy such homes may be recognised under the Transitional Provisions (Fourth g, Fifth c). For the cases expressly provided for, the Third Transitional Provision sets a five-year period to request the transfer; that deadline does not apply to every inheritance or emigration case.
Art. 91.2 lets economic entities and other legal persons buy homes, from approved budgets or profits, to house their workforce. Art. 91.3 limits non-state economic entities to two homes acquired by purchase, and homes acquired through other transfer acts count toward that limit. The stated purpose of Art. 91 is housing the workforce: acquisition for offices, accommodation, commercial rental or resale is not automatically authorised by that article, but neither can it be said to be universally prohibited without a separate legal basis. Any other use must be checked case by case against land-use and licensing rules.
In a sale the tax base is the agreed price if it is equal to or higher than the cadastral value (Tax Law 113, new Art. 44, introduced by Law 187). The cadastral value is set under INOTU Resolution 16/2026 and cannot exceed market value; a cadastral certificate is valid for five years (Decreto 176, Art. 18.4). Rates are not set in the housing law.
Not in cash. Art. 90.1 allows the instruments or credit titles provided for in banking law or any other non-cash payment method — not only bank transfers. Which instruments notaries accept in practice still needs confirmation.
Before signing, the seller must prove that no part of the home's price remains outstanding, that the tax has been paid and that the home is registered in the Central Registry of Real Estate Property (Art. 90.2). The sale is formalised by public deed before the notary of the province where the home is located (Art. 89.1). It is also advisable to review the cadastral certificate and any registry annotations.
Decreto 177/2026 regulates horizontal property: one vote per apartment, set majorities (Art. 32) and a monthly contribution for common repairs — at least three times the normal amount if the unit is rented out (Art. 5 d).
Adjoining homes may be unified if planning rules allow (Art. 68); a home may be divided if its size and structure allow, by notarial deed or, without agreement, through the courts (Art. 69).
Inheritance is governed by the Civil Code and the rules of the law. If an heir renounces a home left free of occupants, or there are no heirs two years after the death, the home passes to the State (Art. 88). Holiday-home status is not lost on inheritance (Art. 138). Ordinary donations of homes are regulated by Art. 99 and formalised before a notary; donations of subsidised homes within fifteen years may require repayment of the subsidy or prior authorisation (Arts. 53 and 54).
Law 187 does not by itself authorise commercial use of residential property. Such uses remain subject to territorial and urban planning rules, to the corresponding administrative authorisations and, in protected or heritage zones, to approval by the heritage authorities. This must be verified case by case before buying or investing.
The practice for foreign buyers, the non-cash payment instruments notaries will accept and the specific tax rates. CPS provides general guidance, not a legal opinion.
Cuba Property Solutions provides advisory, coordination and project-management support. Information on this website is general in nature and may change as new legislation, regulations and administrative criteria are introduced. Official legal, notarial, registry, migration, tax and licensing procedures are carried out by the competent Cuban authorities and authorized professionals.