With the implementation of Law 187, known as the "Housing Law" of 2026, effective since October 21, significant changes are afoot for the sizable number of Cubans living abroad who still own property on the island. Historically, leaving Cuba meant automatic loss of property rights, but this new regulation imposes a specific duty that absentee owners cannot afford to overlook.
In an interview with Tania Costa, Raudiel Peña Barrios, a lawyer from the organization Cubalex, elaborates on the implications of this legal shift. "The key takeaway is that while emigrants no longer forfeit ownership of their homes in Cuba, they must adhere to new responsibilities," he emphasized.
For decades, Cuban law mandated the confiscation of homes once their owners permanently left the country. The previous Law, Decree-Law No. 288 of 2011, explicitly stated that properties of emigrated owners would be seized by the state. The new legislation departs from this long-standing policy.
Legal Representation Required for Absentee Owners
Peña Barrios described this change as a "positive adjustment." However, the law now requires, under Article 139.3, that absentee property owners appoint a legal representative to handle matters related to their property in interactions with courts, administrative authorities, and any associated legal procedures.
"The new law mandates that those owning property in Cuba who choose to emigrate must appoint a legal representative to manage property-related affairs," Peña Barrios explained.
While the legislation does not necessitate notarization for this appointment, Peña Barrios strongly advises it. "Though not legally required, notarization provides a robust legal backing," he stated, highlighting its importance for legal validity and evidential strength.
For Cubans already residing outside the country, there is a viable option. "By sending a notarized power of attorney from the United States or any other nation, ensuring it meets legal standards for recognition in Cuba, you can designate a representative," he suggested. Those still in Cuba planning to emigrate are recommended to complete this process before leaving to safeguard their property rights.
Potential Consequences of Non-Compliance
Failure to meet this requirement can lead to severe consequences. Article 141 of Law 187 states that an unoccupied property without a representative, especially if in disrepair, might face judicial proceedings for abandonment, potentially resulting in expropriation. "Such a property might be declared ownerless, and the state could claim it," Peña Barrios warned.
An essential exception exists: if the property is inhabited by the owner's family—such as a spouse, parents, or grandparents—the occupation is deemed legitimate, and ownership remains intact. "If you emigrate leaving behind your spouse or a parent, there's no risk of losing the property," the lawyer clarified.
Enacted by the National Assembly on July 30, 2026, and published in the Official Gazette on October 14, this regulation became effective a week later. Peña Barrios emphasized that the law is not retroactive; it does not return properties confiscated under previous laws to Cubans who lost them upon emigrating in past decades.
Understanding Cuba's New Housing Law for Emigrants
What are the main changes introduced by Law 187 of 2026?
Law 187 allows Cuban emigrants to retain ownership of their homes, but requires them to appoint a legal representative to manage property-related affairs while they are abroad.
Why is notarization recommended for appointing a legal representative?
Notarization is advised because it provides strong legal and evidential backing, ensuring the power of attorney is recognized and valid in Cuba.
What happens if an emigrant does not appoint a representative?
Without a designated representative, an unoccupied and deteriorated property may undergo judicial proceedings for abandonment, potentially leading to state expropriation.