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Three Property Regimes on One Island: Housing Law, Decree-Law 288 and Tourism Real Estate

Which Cuban rules apply depends on what you are buying and who you are. A plain-language map of the three regimes.

Cuban real estate is not one market. Ordinary homes follow housing rules, sales between residents follow a 2011 decree, and tourism property follows foreign-investment law. This page lays out the three regimes side by side so readers can see why generic advice about buying in Cuba usually fails. It is information only, not an offer or a fund.

The basics

Homes

Ordinary housing is governed by the housing law, reported to be replaced by Law 187 of 2026, with up to two homes per person and no cash payment in deals.

Resident sales

Decree-Law 288 of 2011 lets Cubans and permanent-resident foreigners buy and sell homes among themselves through banks and notaries.

Tourism property

Real estate linked to tourism falls under Ley 118, as a long-term right inside an approved state project.

How it really works

The housing regime

For decades the housing law restricted Cubans to swaps and inheritance. The 2011 reform and then the new Housing Law reported in 2026 widen what ordinary owners can do, including owning more than one home and, reportedly, equal property rights for citizens who emigrated. The law is aimed at the domestic housing stock, not at foreign purchasers.

Sales between residents

Decree-Law 288 created the legal market in which a Cuban citizen or permanent-resident foreigner can buy a home from another. The buyer and seller sign a deed before a notary, payment is routed through a bank, and the deed is registered. That market is real, but it is closed to non-resident foreigners and is priced on Cuban rules, not on international benchmarks.

The tourism-property regime

Under Ley 118, real estate for tourism is a project right, granted inside an approved development such as a resort with residential units. The investor receives a right of use for a stated term and the state keeps the land. Reports say only a handful of projects of this kind were ever approved, and the promised buyer community never became a mass market.

Why advice gets confused

Online guides mix the three. A claim that foreigners can buy Cuban property may be true of a permanent-resident purchase under Decree-Law 288, false for a tourist, and different again for a resort unit. Before any figure matters, ask which regime the property sits under.

Reading a title

Whatever the regime, the title is the record at the Registro de la Propiedad, and it can carry encumbrances, inheritance claims and unresolved family disputes. A Cuban lawyer should check it, and the 2026 law's changes should be read in the Gaceta Oficial rather than in summaries.

US law applies — read this first

US persons are barred by the Cuban Assets Control Regulations (31 CFR Part 515) from buying or investing in Cuban real estate without a licence, and Helms-Burton Title III allows suits against traffickers in confiscated property. These rules apply whichever of the three Cuban regimes governs the property.

Where this leads on CubaAtlas

The useful next steps — the lawful ones.

Sources

cubarealestatefund.com · Part of the CubaAtlas network · cubaatlas.com

In depth

Due diligence for Cuban real-estate offers: a method for checking facts you cannot see

Buying anything you cannot visit is risky, and real estate in Cuba is often marketed to people far away. The photographs may be real or borrowed, the seller may or may not own what is shown, and the legal rights may be different from what the words suggest. This guide offers a method of due diligence for real-estate offers connected to Cuba: how to check identity, ownership, rights, price and payment, how to use public tools, and when to walk away. It does not offer a fund or any property.

Step one: who is the seller

Start with identity. Ask for the full name and address of the seller, and for the legal form of the entity if it is a company. For a Cuban citizen, a national identity document can be compared with notarial records through a Cuban lawyer. For a foreign company, check the company registry in its home country. A seller who uses only a messaging account, a first name or a generic website is not providing a basis for trust.

Search the seller's name together with words such as fraud and complaint, check the age of the website with a domain-lookup tool, and look for the same photographs under other names. Reverse image search is a simple way to see whether a picture has been reused.

Step two: what exactly is being sold

Ask for a written description of the property: the address, area, number of rooms, floor and building. Compare it with the registry certificate and the deed. If the offer concerns a right to use land, request the contract and the authorisation of the authority that granted it. Descriptions such as land with title, bungalow package or investment share are marketing phrases and do not identify a legal right.

If the offer is for a share in a project, ask which company is the project vehicle, who approved it, and what rights the investor receives. Request the charter and the approval. If none exist, there is nothing to buy.

Step three: does the seller have the right to sell

Ownership can be checked through the property registry, which can issue a certificate of the current owner and any liens. In Cuba this is usually done with the help of a notary or a lawyer working through the proper offices. Ask the seller to arrange the certificate, then verify it independently. Inheritance, co-ownership and family claims can make a seller unable to sell alone.

For a foreigner, a further question is whether the transaction is lawful at all. Foreigners who are not permanent residents generally cannot buy homes. A seller who says otherwise should point to the specific provision, which you should check against the official gazette.

Step four: the price and what it includes

Compare the price with others for similar properties in the same area, using several sources. An offer far below the market is a classic bait. Ask what the price includes: taxes, notarial fees, registry fees, legal costs and any commission. Be sure you understand the currency and the exchange rate used. Make no payment on the basis of a verbal promise.

Step five: how to pay

Payment methods matter. Traceable bank transfers to an account in the seller's verified name, made through channels that are lawful for both sides, are far safer than cash, cryptocurrency or gift cards. Never pay a deposit before the documents have been checked. Consumer agencies warn that requests for urgent wire transfers are a hallmark of fraud. Where the law restricts transactions, a payment may itself be unlawful for the sender.

Step six: get local advice

A lawyer and a notary in Cuba, working through authorised bodies, can check registry records and advise on formalities. If you cannot travel, a trusted representative with a written power of attorney can attend. Be careful in choosing intermediaries: ask for references, and do not rely on advisers introduced by the seller.

When to walk away

End the process if the seller refuses to provide documents, if the story changes, if the property cannot be identified, if you are pressured to pay quickly, or if the transaction appears unlawful. Report suspected fraud to the consumer-protection agency and to the platform where you saw the offer. This page does not run a fund, does not list properties and does not take any money.

How an advance-fee property scam unfolds

Fraud follows a script. A seller posts an attractive listing with professional-looking photographs and a price somewhat below market. A contact offers more details by message, then explains that the property is in demand and that several buyers are interested. To secure it, a reservation payment is requested, often by a method that is hard to trace or reverse. Once the payment is made, there are delays: a document is missing, a tax must be paid, a lawyer needs funds. Each excuse brings a new request for money. Eventually the contact disappears or demands more.

Recognising the pattern early is the best defence. The moment a stranger asks for money before you have verified the seller and the property, stop. Real transactions proceed on documents, not on urgency.

Where to report

Victims of fraud should report it quickly. In the United States, reports can be made to the Federal Trade Commission and to the FBI's internet crime complaint centre, and to the financial institution used for payment. Similar agencies exist in other countries: consumer-protection bodies, police cybercrime units and financial regulators. Keep copies of all messages, receipts and advertisements, since they help investigators. Reporting also helps authorities identify patterns and warn others.

Contact the bank or payment provider immediately, because early action sometimes allows a transfer to be stopped or reversed. Be wary of recovery services that promise to get your money back for a fee, since they are often a second scam aimed at victims.

Realistic expectations about recovery

Recovering money lost to fraud is difficult, especially when it has been sent abroad or converted into cryptocurrency. Some cases result in refunds when payment was made by card and promptly disputed. Others lead to prosecutions, but these take time. It is important to be honest with oneself about the odds, and to prevent loss in the first place by checking before paying.

Protecting older relatives

Older people are frequently targeted by investment and romance scams, including ones that use ties to Cuba or the Cuban community as a hook. Family members can help by talking openly about scams, encouraging a rule that no money is sent without consulting someone, and helping to set up alerts with banks. Community organisations and consumer agencies offer educational material for older adults.

This page does not hold funds and does not offer property. It is a guide to caution.

Helping others avoid the traps

People who have seen a scam can help others by sharing what happened. Report the scheme to authorities and consumer groups, post warnings on community pages without naming individuals unfairly, and tell family and friends. Public awareness reduces the pool of victims. Many financial regulators run campaigns and welcome reports that help them to identify new schemes.

Common questions

How can I check a photograph?
Use a reverse image search to see whether it appears under other names or sites.
How do I confirm ownership?
Request a registry certificate through a notary or lawyer and verify it independently.
Is a low price a good sign?
No. Prices far below the market are a common bait.
What payment methods are safer?
Traceable bank transfers to a verified account, only after documents are checked and if lawful.
Do you list properties?
No. This page is information only.
What is the first thing to do if I am offered a Cuban property investment?
Pause and ask for documents. Request the identity of the seller, the legal form of the offer, the registration of the seller with a financial regulator, and proof of the property rights. Do not send money until you have verified all of this independently. A genuine offer will survive scrutiny and a delay.
How can I check that a company really exists?
Search the official company registry of the country where it claims to be registered, using the exact name and number. Check how long it has existed, who the directors are and whether it has filed accounts. Compare the address with maps. A shell company created last month with a virtual office is a warning sign.
Why do scammers like Cuba as a theme?
Because the market is hard to verify from outside, public information is limited and many people have family or emotional ties to the island. The appeal of an exotic opportunity and the difficulty of visiting make victims more willing to accept stories. Awareness of this helps people to ask for more proof.
Is cryptocurrency payment a red flag?
Requests to pay for property or investments in cryptocurrency are a common feature of fraud, because transfers are hard to reverse. Legitimate real-estate transactions are normally paid through banks with receipts. Be especially cautious if the other party insists on crypto.
What should I do if I have already sent money?
Contact your bank or payment provider immediately and ask whether the transfer can be stopped or reversed. Collect all messages and documents. Report to the consumer-protection agency and the police in your country. Beware of 'recovery' services that ask for fees, as they are often scams.
Are testimonials and photographs proof?
No. Testimonials can be invented, and photographs can be copied from other sites. Treat them as marketing. Independent proof consists of verifiable documents, registry records and the willingness of the seller to let you check with third parties.
What if the seller says documents are confidential?
A seller who will not share basic documents, even under confidentiality, is not offering a safe transaction. It is normal to share title documents and corporate registration details with a serious buyer. Insist on seeing them or walk away.
How do real-estate regulators protect buyers elsewhere?
Many countries license agents and developers, require funds paid in advance to be held in escrow, set rules for contracts and disclosure, and provide complaints procedures. Such protections are not generally available for informal sales in Cuba, which is why buyers must do more of the checking themselves.
Who can I ask for a second opinion?
A lawyer in your home country, a financial adviser, a trusted friend with business experience and consumer-protection hotlines. A second opinion costs little compared to losing money. Explain the facts as they are and not as the seller presents them.
Can a lawyer check an offer for me quickly?
Yes, and it is worth the fee. A lawyer in your own country can look at the documents, tell you whether the seller is licensed to sell investments, and warn you if the structure resembles known schemes. Even an hour of advice can prevent a large loss. Send the lawyer every document you were given, not a summary.
What if the offer comes from someone I know?
Scammers often use friends, relatives and community contacts, sometimes without those people realising they are being used. Treat an introduction as a reason to ask questions, not to skip them. A trustworthy friend will understand if you ask for documents and a second opinion.
Are property investment seminars safe?
They can be informative, but some are sales events built to create pressure. Never sign or pay on the day. Take the paperwork home, read it, and have it checked. If the organiser says the offer expires at the end of the seminar, that is a reason for caution, not for hurry.

Official sources and where to go next

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