• Submitted by: Luis Manuel Mazorra
• Business and Economy
• 11 / 16 / 2011

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The housing problem in Cuba has found relief with the entry into force of Decree Number 288. In search of solutions to the situation it has been decided to remove old prohibitions and facilitate the implementation of procedures for the purchase / sale of property. The new decree partially amending the Housing Act.

The new legislation gives effect to the Guideline 297 approved in the Sixth Party Congress, to establish the sale of housing and various forms of flexible transfer of ownership (exchange, donation, and others) between individuals.

Thus, more than three million property owners will benefit from the decree, published on November 2 last in the Official Gazette number 35, which affirms the right of each owner to dispose of their property without the intervention of addresses Housing.

The essential changes were made in Chapter V of Act No. 65, which recognizes the sale, exchange, donation and award-divorce, death or permanent departure from the country of the owner-of properties between natural persons residing in Cuba the country and permanent residents on the island

In addition to alleviating the housing shortage, the new regulations more flexible procedures for the transfer of goods, which for years fueled illegal actions.

Decree-Law No. 288 acts of transfer of ownership will be formalized before a notary public directly without the mediation of other bodies, and the price freely agreed.

According to Oris Silvia Fernández, president of the National Housing Institute, explanations made at a press conference, the declaration of the amount of the transaction in the case of sale is a legal certainty for both the seller and the buyer.

The first legally registered income, and second, you get a guarantee of money paid, which would be returned in case of cancellation.

Failure by the municipal authorities of Housing, in turn, will remove an important pillar of the bureaucracy and administrative corruption.

The change of a house on the other gave legal cover to the prohibited transaction, and confirms that the new decree may only be a homeowner in the category of permanent residence and other areas of rest or holiday.

The latter is defined as the areas outside of cities (beach or field).

For all procedures only require that the property is registered at the Land Registry, and that its holder has paid their debts to the Bank for the purchase of the house.

Another advantage of Decree-Law is that, in the case of the swap, it eliminates the concept of mismatch between the properties exchanged, either by their different value or description, the directive said at a news conference.

As for the people who emigrate permanently from the country, the new legislation states that are valid acts of transfer of ownership of houses, made by the owners under the Act, before the departure of the nation.

It is necessary to note that legislative changes to protect people living together that depend on the owner (children, elderly, pregnant women).

Therefore, the owner of the property should not perform any act of housing to check out those cohabiting, as such action may be canceled if there claims of the injured.