The Council of State of Cuba approved Decree-Law 130 on July 28, 2026, modifying the 1987 Civil Code to expand land use rights. The new regulations increase the maximum usufruct term for legal entities to 99 years and allow the state to grant perpetual surface rights for payment.
Cuba is shifting its legal approach to property and land utilization to align with economic and social transformations. By modifying four key articles of Law 59, known as the Civil Code, the government is easing restrictions on how legal entities and private owners can utilize and transmit rights over assets.
Published in the Official Gazette on September 3, 2026, the decree takes effect seven days later, around September 10. The reform specifically targets articles 208, 215, 218, and 222, moving away from the more rigid structures established in the original 1987 code.
Expanded Usufruct Terms for Legal Entities
The most significant change involves the duration of usufruct—the right to use and enjoy the assets of another. Under the revised Article 215, the maximum term for usufruct granted to legal entities has been increased from 25 to 99 years.
This term is not a hard ceiling; it is prorogable for an equal period. To secure an extension, the holder must submit a request within the two years preceding the expiration date. For those who initially received a term shorter than 99 years, the law now allows them to request an extension to reach that maximum limit before their current right expires.
While the 99-year cap applies to general assets, the government maintains a different standard for land. According to the decree, lands are granted in usufruct to legal entities for an indeterminate period.
Beyond the timeline, the nature of these agreements has become more flexible. Article 208 now explicitly states that usufruct can be granted either for free or for a fee. The specific rights and obligations of the beneficiary are no longer generic but are determined by the constitutive title of the usufruct.
New Surface Rights and State Land Sales
The decree also modifies the right of surface, a legal mechanism that allows a party to build on land they do not own. Previously, this was more restricted, but the updated Article 218 now extends this faculty to private owners of vacant lots, who may grant surface rights to build housing or other constructions.
The state is also leveraging its own land holdings to spur development. Under Article 222, the state can now deliver state-owned land through a perpetual right of surface, provided the recipient pays the corresponding price.
This creates a distinct path for urban and rural development: while usufruct allows for the use of land for a set (or indeterminate) time, the perpetual surface right offers a more permanent arrangement for those willing to pay the state for the privilege of building on public land.
Removal of Inheritance Penalties for Emigrants
In a move that separates property management from political status, Decree-Law 130 eliminates Articles 470 and 473 of the Civil Code. These specific provisions had previously penalized Cuban emigrants in matters of succession.
Under the old rules, individuals were declared unable to inherit if they were considered to have committed definitive abandonment of the country, which resulted in their share of the inheritance being transferred to the state.
By derogating these articles, the government removes a significant legal barrier for the diaspora, effectively decoupling the right to inherit family assets from the act of emigrating.
Legal Integration and Precedent
This reform is not an isolated event but part of a broader legal update. The Council of State invoked Article 263 of Law 131 of 2019 to justify these modifications, citing the interest of the development of the country.
- 2018: Decree-Law 358 addressed the delivery of idle state lands in usufruct.
- 2022: The Law 156 “Family Code” introduced further modifications.
- 2026: Decree-Law 130 expands terms to 99 years and removes emigrant penalties.
To ensure these changes are clearly understood, the Ministry of Justice is required to publish a revised and concorded version of Law 59 within 30 business days after the decree enters into force.
By extending land-use terms to nearly a century and removing inheritance barriers for those abroad, the state is signaling a shift toward more stable, long-term incentives for both domestic legal entities and the Cuban diaspora to invest in or maintain assets within the country.
