New Regulations for Apartment Buildings in Cuba as Established by the Council of Ministers

The Cuban Council of Ministers has sanctioned Decree 177 of 2026, laying out the Horizontal Property Regulations which govern the rules of cohabitation, the rights and duties of property owners, and the management of apartment buildings throughout Cuba.

This decree was disseminated on Wednesday, October 14, in the Official Gazette of the Republic of Cuba No. 86 Ordinary of 2026, augmenting Law 187, the "Housing Law," which was enacted on July 30.

Comprehensive Guidelines for Shared Living Spaces

The new regulations address buildings that feature both private and communal spaces, whether their administration is straightforward or intricate. This also applies, as necessary, to those residing or occupying the properties.

The regulation distinguishes between two forms of horizontal property: those formally established through public deeds and the "de facto horizontal property," which refers to communities operating under this regime without a formal deed.

Additionally, it introduces legal definitions such as "master property," which includes the land and original construction, and "subsidiary property," referring to independent units like apartments.

Resident Conduct and Responsibilities

Decree 177 outlines that residents should avoid noise, disturbances, and activities that disrupt the peace of fellow neighbors. They are also responsible for keeping shared spaces clean, using communal facilities properly, and covering necessary repairs if damage from their unit affects others.

Festive activities must adhere to set hours, and using common areas for celebrations requires approval from the Administrative Board. Furthermore, pets should not roam freely in shared spaces, and owners are liable for any damage caused.

The decree also governs construction interventions, prohibiting modifications to common areas that alter their original purpose. Economic or service activities within the buildings demand approval from two-thirds of the proprietors, and unanimity is required if these activities occur in a communal area.

Maintenance Contributions and Building Administration

According to the decree, each building must have an Administrative Board responsible for managing shared spaces and ensuring compliance with living standards. This board will consist of a president, secretary, and treasurer, though in smaller buildings, one person may assume multiple roles. Regular meetings are required at least twice a year.

Among their duties are approving expenses, managing building funds, and setting monthly fees for the owners. These fees cover cleaning, maintenance, repairs, and shared services like elevators, water pumps, cisterns, and electrical systems.

Landlords renting out apartments for residential, commercial, or other uses must pay a monthly repair fee equivalent to at least three times the amount stated in the Internal Regulations, as per Article 5.

If a property owner or occupant fails to pay the approved fees for over three consecutive months without justification, the Administrative Board may suspend their voting rights for a year, charge them triple the monthly fees the following fiscal year, and request a court to garnish their income.

Owners with outstanding fees cannot transfer their apartments unless the new owner agrees to assume the debts under the agreed terms.

This regulation comes amid the deterioration of many residential buildings, especially in Havana, where funding for repairs is one of the main challenges. Since the presentation of the Housing Law project in June, there has been a call for owners to contribute financially to the upkeep of shared spaces.

Regulations for Rooftops, Garages, and Equipment

The Horizontal Property Regulations also cover the use of rooftops and parking areas. Installing equipment such as solar panels, water tanks, antennas, or air conditioning systems on rooftops requires majority approval from the Administrative Board and, when applicable, from relevant authorities.

Installations must not compromise the building's structure or infringe on other owners' rights. Conditions are set for installing security cameras in common areas, which must not record inside apartments or nearby balconies or patios.

In shared garages, usage and rental authorizations are regulated, and activities like bodywork and mechanical repairs that disrupt community life are banned, except for emergency repairs.

Penalties for Non-Compliance

The decree details penalties for administrative violations and breaches of cohabitation rules. Offenses include blocking access to common areas, causing leaks that harm other residents, disposing of waste in shared spaces, unauthorized constructions, and storing hazardous materials.

Fines are calculated on a quota system, with individual values ranging from 10 to 200 pesos. For breaches of living standards, the decree sets penalties between 40 and 59 quotas, translating to fines of 400 to 11,800 Cuban pesos, depending on the infraction's seriousness and each quota's assigned value.

Local government inspection bodies and, for certain violations, agents of the National Revolutionary Police have the authority to impose these fines. The regulation also includes administrative and judicial procedures for resolving disputes between owners over common areas, with mediation as an option.

Decree 177 repeals the previous Multifamily Building Regulations, approved by Resolution 4 of the National Housing Institute on January 14, 1991, but retains the validity of actions constituted under that provision.

The new regulation will take effect on October 21, 2026, seven days after its publication in the Official Gazette. Administrative boards have one year to adjust their internal regulations to comply with the new rules.