The National Institute of Territorial and Urban Planning has unveiled Resolution 18/2026, outlining a fresh set of protocols for individuals using state-owned land to construct, renovate, alter, partition, or expand homes and other structures.
Issued on August 28, the regulation is published in Official Gazette No. 75 of 2026 and will take effect seven days after its release.
This procedure applies to underutilized or idle state lands granted in usufruct to both individuals and legal entities. It governs the acquisition of three key documents: the Certificate of Territorial and Urban Regulations, the Construction License or Authorization, and the Certificate of Habitable-Usable.
Initial Steps for Obtaining Permits
Before engaging with the Municipal Directorate of Territorial and Urban Planning, a usufructuary must secure approval from the director of the land-managing company or the president of the Agricultural Production Cooperative. Such approvals must be documented with a stamp and signature, forming part of the necessary paperwork to initiate the process.
To begin, one must apply for the Certificate of Territorial and Urban Regulations, requiring a favorable endorsement, a written application, the Certificate of Registered Holder, and the usufruct contract. Upon submission, officials will inspect the land to conduct requisite measurements and create a sketch or map outlining potential construction sites and spacing.
Process and Timelines for Construction Licenses
The Municipal Directorate has up to 30 working days to finalize the process: 15 days to align the proposal with consulting bodies, and another 15 to issue the certificate. This document will specify construction locations within the plot, land occupancy percentage, materials, and construction typology, access points, and prohibit unauthorized uses.
With this certificate, the usufructuary can proceed with commissioning the executive project and subsequently apply for the Construction License or Authorization. Required documents include an application, executive project, descriptive report, and corresponding plans or sketches.
The Municipal Directorate has 10 business days to align the investment with consulting agencies and another 10 to ensure the project meets established regulations. Any errors found must be communicated to the applicant, who has 10 business days to address them. Once the executive project is approved, the Construction License must be issued within 20 business days, either fully or partially, depending on independent work objects or phased construction.
Regulations for Usufruct Land Construction
The license remains valid for two years, with an option to extend by one year if requested by the usufructuary. Alternatively, the Authorization of Work, intended for minor external interventions such as installing renewable energy sources, must be issued within 10 business days and is valid for one year.
During construction, Territorial and Urban Planning inspectors may oversee the works to ensure compliance with the license and approved project. Upon completion, the usufructuary must apply for the Habitable-Usable Certificate. If the construction is solely a residence, a Habitable Certificate will be issued.
Minimum Standards for Habitability
Authorities have 30 working days from the application to issue the document, requiring the submission of the relevant application and Construction License. For the Habitable Certificate, the residence must have independent access, at least three rooms—living space, bathroom, and kitchen—and a minimum usable area of 25 square meters, in addition to meeting other legal habitability requirements.
To grant the Habitable-Usable Certificate, authorities will also verify, as applicable, sanitary conditions, potable water availability, liquid waste disposal, energy efficiency installations, renewable energy sources, and the physical delineation of the houses.
Once obtained, the usufructuary has seven business days to present the document, along with the Certificate of Registered Holder, to the municipal agriculture delegate, who will update the registration and confirm the legality of the construction.
Financial Responsibilities and Policy Changes
The resolution also addresses financial responsibilities. The entity managing the land or the Agricultural Production Cooperative owner covers costs related to obtaining the cadastral certification. Only by mutual agreement can the usufructuary bear these expenses.
Resolution 18/2026 is part of the overhaul of Cuba's agrarian legal framework initiated this year. The "Agricultural and Forestry Land Law," Law 185, approved on July 29, repealed Decree-Law 358 of 2018, which governed the allocation of unused state lands in usufruct.
Additionally, Decree 175, the new law's regulation dated August 27, nullified the Joint Resolution 1 of 2012 from the Ministry of Agriculture and the former Physical Planning Institute, which set the procedure for building, remodeling, expanding, and legalizing structures on usufruct land.
This new procedure follows a 2024 governmental effort to organize and legalize existing constructions on state lands granted to producers. In September of that year, new construction restrictions on usufruct lands were introduced, amidst an official process to review structures built on these lands.
The government had previously approved Agreement 9933 by the Council of Ministers, establishing a five-year plan for organizing and legalizing structures on usufruct lands. Furthermore, Decree 105/2024 allowed for the legalization of certain homes built between 2008 and 2023, provided they met set requirements and were linked to agricultural or forestry production.
Non-compliant constructions might be subject to the government's program against illegal constructions. The issue has gained prominence this year with agrarian legislation reform and the government's efforts to expand the exploitation of idle state lands amid Cuba's ongoing production and food crisis.
In June, leader Miguel Díaz-Canel ordered the acceleration of idle land allocation and the extension of usufruct to various economic actors as part of the official strategy to boost agricultural production.
Resolution 18/2026 now lays out the administrative path for those who, after receiving these lands in usufruct, intend to build or modify homes and other structures related to their exploitation.
FAQs on New Construction Regulations in Cuba
What is the purpose of Resolution 18/2026?
Resolution 18/2026 establishes a new set of procedures for constructing, renovating, and expanding structures on state-owned lands granted in usufruct, aiming to regulate and legalize these constructions.
How long is a Construction License valid under the new rules?
The Construction License is valid for two years and can be extended for an additional year upon the usufructuary's request if construction has not begun within the initial period.
What are the minimum requirements for a residence to receive a Habitable Certificate?
A residence must have independent access, at least three rooms (a living space, bathroom, and kitchen), and a minimum usable area of 25 square meters to qualify for a Habitable Certificate.