alojamientos de corta estancia Laws in Cuba

alojamientos de corta estancia Laws in Cuba

Cuba

Introduction
Introduction to alojamientos de corta estancia in Cuba

Short-term rentals, commonly known as alojamientos de corta estancia or casas particulares in Cuba, have become an integral part of the country's tourism landscape. Popular destinations such as Havana, Trinidad, and Varadero draw visitors from around the world, offering them a chance to experience Cuba's rich culture and history through unique and locally-owned accommodations. In 2023, the short-term rental market significantly boosted the Cuban economy, generating substantial income for the government through taxes and fees. Platforms like Airbnb and Booking.com are the leading choices for listing these accommodations, making it easier for travelers to find authentic and affordable places to stay across the island. As the popularity of short-term rentals continues to grow, they play a crucial role in shaping Cuba's evolving tourism industry.

Overview

Short-term rentals, commonly known as alojamientos de corta estancia or casas particulares in Cuba, have become an integral part of the country's tourism landscape. Popular destinations such as Havana, Trinidad, and Varadero draw visitors from around the world, offering them a chance to experience Cuba's rich culture and history through unique and locally-owned accommodations. In 2023, the short-term rental market significantly boosted the Cuban economy, generating substantial income for the government through taxes and fees. Platforms like Airbnb and Booking.com are the leading choices for listing these accommodations, making it easier for travelers to find authentic and affordable places to stay across the island. As the popularity of short-term rentals continues to grow, they play a crucial role in shaping Cuba's evolving tourism industry.

Property
Overview

Cuba’s tourism system is state-regulated, and independent national associations specifically dedicated to STR (in the form of “casas particulares”) are not as common as in other countries. Instead, hosts may be loosely organized or advised through local owner cooperatives or state-sanctioned tourism agencies.

  • There is an organization that plays a key role in supporting casa particulares (private accommodations), though it is not exactly a national association in the typical sense. The Cuban Association of Private Workers (Asociación Cubana de Trabajadores por Cuenta Propia - ACTPP) is the primary body for self-employed workers, including those running casa particulares.
  • Informal Networks: Host communities often share best practices, but an official national STR association is not prominent.
  • State-Controlled Tourism Groups: Information, training, and support might be found through MINTUR or other government-supported tourism initiatives.

Property
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short term rentals
What is alojamientos de corta estancia in Cuba?
What are short Term Rentals in the Country?

Short-term rentals in Cuba, commonly known as "casas particulares," refer to private accommodations provided by Cuban citizens who have obtained a government license. This term translates to "Private House" and covers various setups, including a private room within a family home, a shared room setup similar to a hostel, or an entire apartment or house solely for guests. The concept has been in place but it became legalized and the name was introduced in 1997. Approximately 90% of these rentals are rooms within the host's own residence. Some casas particulares are listed online through platforms like Airbnb and Homestay. These accommodations may offer private amenities and often provide meals for an extra charge, locals often refer to these accommodations simply as casas.

Is Subletting Legal?
Is Subletting Legal in Cuba?

Subletting in Cuba is illegal when it comes to casas particulares. This occurs when someone who is renting a property themselves rents it out to tourists instead of the actual property owner. While subletting is a common phenomenon worldwide, it is strictly prohibited in Cuba under the regulations governing casas particulares. Staying in an illegal sublet can have serious consequences for the host, including eviction from their home if discovered by authorities.

To ensure compliance, it’s recommended to stay in legal casas particulares—these are government-registered accommodations that can be identified by an upside-down anchor sign on the exterior. Legal casas pay taxes to the government, provide receipts to guests, and record passport numbers, ensuring everything is above board. Always choose a registered casa particular to avoid complications and support local hosts legally.

National Association for STR Owners
What is the maximum length of stay in Cuba?
What is the maximum length of stay?

In Cuba, there is no national limit on the maximum length of stay for short-term rentals, though individual property owners may set their own limits to manage turnover and availability. In major tourist cities like Havana and Varadero, stays of up to 30 days are common, with extended stays permitted depending on the agreement between the host and guest.

As of November 1, 2022, Cuba has extended the standard tourist visa duration from 30 to 90 days. This means that, as a tourist, you can legally stay in the country for up to 90 days on a single entry. while there is no specific legal limit on the length of stay in a casa particular, your stay is generally governed by the validity of your tourist visa and the individual policies of the accommodation provider.

Is there any National Registration Requirement or Permit?

Yes, casas particulares in Cuba require a national registration and permit to operate legally. Homeowners must obtain a government-issued license, adhere to strict hygiene, safety, and tax regulations, and display a blue sign (blue anchor symbol) outside their property to indicate it is an authorized rental. The sign will read - 'Arrendador Divisa’. If the sign is in red it means that the casa particular is only for Cuban tourists.

  • Application Submission: The aspiring host applies at a local government office, providing property details, identification, and proof of ownership.
  • Inspection and Approval: Officials inspect the property to ensure it meets health, safety, and quality standards.
  • License Fees: A fee is usually charged for the license, and ongoing taxes may apply based on rental income.
  • Regular Renewal and Reporting: Hosts must maintain compliance, report guest information to authorities, and renew their license as required.
Is there a need for Permission from Landlord/Local Council/Neighbors?

In Cuba, the majority of casas particulares are owned outright by Cuban citizens. As such, permission from landlords is typically not a concern since the host is the property owner. However:

  • Property Owners – If you own the property, the main requirement is obtaining the governmental license.
  • Tenants – Explicit permission from the property owner is mandatory.
  • Local Council/Neighbors – Although not typically a formal requirement, local committees or neighborhood watch groups may play a role in community oversight. Complaints from neighbors can jeopardize a host’s license if disturbances persist.
Is Short-term rental Income taxable?

Short-term rental income in Cuba is taxable and subject to multiple layers of taxation, including fixed fees, sales tax on additional services like food, and progressive income tax rates based on net earnings. Proper documentation and compliance are critical for avoiding penalties.

- **Progressive Income Tax-**All rental income, including that from _casas particulares_, is subject to Cuba’s progressive tax system.- Tax rates range from **25%** to **50%**, depending on the amount of net income earned.- For instance, net income between **CUP 5,000 and 10,000** is taxed at **25%**, rising to higher percentages as income brackets increase.- **Fixed Monthly Fee-**Operators of _casas particulares_ must pay a **fixed monthly tax of about $50 USD** (or its equivalent in CUP), regardless of rental income levels.- This fee is mandatory and applies even during periods of low or no occupancy.- **Food Sales Tax-**If meals or food are provided to guests, there is a **10% tax on gross food sales**.- This applies to any additional services offered beyond basic lodging.- **Documentation and Compliance-**Meticulous recordkeeping is required, including guest logs, expense records, and income declarations.- Accurate documentation ensures correct tax reporting and minimizes the risk of errors or penalties.- **Penalties for Non-Compliance-**Failure to comply with tax obligations, such as underreporting or neglecting to file, can lead to fines and other penalties.- Cuban authorities may impose additional sanctions if they detect ongoing non-compliance or fraud.- **Overall Effective Tax Rate-**Due to the combination of the fixed monthly fee, the 10% food sales tax, and progressive income tax rates, the overall tax burden can vary widely.- Occupancy rates and additional revenue sources influence how much each operator ultimately owes.

Is there any National Tourism Fund or Tourist Tax?

There is no tourist tax on accommodation in Cuba, the only tourist tax paid is the departure tax which has now been added to the cost of flight

Is there any Guest Registration and Reporting Requirement?

Yes. Cuba requires STR operators, particularly “casas particulares,” to maintain a guest register and report information to government authorities. This helps with national security, immigration control, and tourist tracking.

Typical Requirements Include:

  • Guest Identification Recording: Hosts must record each guest’s identification details (passport number, nationality, duration of stay).
  • Regular Reporting to Authorities: The collected guest information must be reported promptly, often within 24 hours of arrival, to the local immigration office or relevant municipal authorities.
Is there any National Health and Safety Requirements?

Generally, casas particulares must meet basic health and safety standards. While there is no single formal code widely published for STRs, owners can expect:

  • Periodic Inspections – Local inspectors may check for adequate sanitation, fire safety, and building integrity.
  • Basic Amenities – Clean water supply, functional bathroom facilities, and hygienic food-handling practices if meals are served.

Failure to maintain these standards can result in fines, license suspension, or closure orders.

Is there any Platform Accountability Requirement?

Formal requirements specifically targeting online platforms are less publicly detailed in Cuban legislation, as the short-term rental market in Cuba historically operated through state-approved channels and local agencies. However, international platforms like Airbnb operate with limited functionality due to U.S. sanctions and Cuban regulatory frameworks.

  • Compliance with National Licensing: Platforms typically must ensure listed properties have the required “casa particular” license number.
  • Adherence to Local Rules: While no explicit national law compelling platforms to verify compliance is widely published, the government expects compliance from both hosts and intermediaries.

Is there any Anti-Discrimination Law?

Cuba’s Constitution and national laws emphasize equality and prohibit discrimination on grounds such as race, gender, and nationality. While not specifically tailored to STR, these general anti-discrimination principles apply to all accommodation providers, including “casas particulares.”

Applicable Guidelines Include:

  • General Equal Treatment: Hosts cannot refuse guests based on race, religion, sexual orientation, or nationality without lawful reason.
  • Compliance with Cuban Human Rights Standards: All businesses, including STR operators, must adhere to the nation’s commitments to non-discrimination.

Is there any Data Sharing Requirements?

Cuba generally requires hosts to collect and submit guest information to immigration and local authorities, although it is not explicitly clear how international booking platforms must share data. In practice, these platforms may need to comply with governmental requests under Cuban law, but such obligations are not widely publicized. Airbnb, for its part, has special authorization from the U.S. Department of the Treasury, allowing non-U.S. travelers to use its services for trips to Cuba. Due to U.S. regulations, Airbnb must gather basic travel information—such as home address and purpose of visit—before completing any booking to Cuba. For further guidance on travel restrictions, visitors should consult the U.S. Treasury’s website on Cuban sanctions.

Is there any National Insurance Requirement?

Cuba does not typically mandate a specific liability insurance policy solely for STR properties. However, operators of “casas particulares” must maintain a valid license and meet general safety and lodging requirements. Insurance products are limited and controlled by state-run insurers. Some hosts may voluntarily carry insurance for property and liability, but this is not a broadly enforced national requirement.

Is there any National Zoning law/Cultural Heritage law?

The Law for the Protection of Cultural Heritage includes provisions aimed at safeguarding the country's historical buildings and monuments. properties classified as part of Cuba's cultural heritage may not be easily altered or repurposed for commercial uses like short-term rentals without approval from the relevant authorities, such as the National Council of Cultural Heritage.

Common Measures Include:

  • Preservation of Façades: Any modifications to heritage buildings require government approval.
  • Restrictions on Usage: Some protected areas may limit STR operations to prevent over-tourism or preserve local character

Is there any Environmental Regulations that affects STR?

Environmental regulations in Cuba encourage responsible tourism. While there may not be STR-specific sustainability mandates, general environmental laws apply:

  • Waste Management: Proper disposal of trash and wastewater.
  • Energy Conservation and Water Use: Encouragement of resource conservation measures, especially in eco-sensitive regions.
  • Deforestation and Reforestation Efforts: The government has set regulations on logging and new planting of trees. Casa particulares are indirectly affected as they must follow local guidelines related to land use and replanting initiatives. Sustainable Tourism Practices: Cuba has increasingly promoted eco-friendly tourism, including sustainable lodging practices. Casa particulares are encouraged to contribute to these efforts by minimizing their environmental footprint and supporting local conservation programs.
  • Pollution Control: Given the environmental challenges, casa particulares are expected to align with the country's broader pollution control efforts, which may involve limiting waste, air, and water pollution

Is there any National Tenant Protection Law?

Cuban legislation tends to prioritize long-term housing security. However, short-term rentals are distinguished from long-term tenancies. Hosts cannot arbitrarily convert long-term rentals into short-term tourist accommodations without adhering to licensing rules. Long-term tenant protection laws generally do not apply directly to STR guests but prevent displacing Cuban residents to create Casa particular inventory without proper legal processes.

Is there any Reporting Requirements for Foreigners?

Yes. Hosts must report all foreign guests to local immigration authorities. This is done shortly after check-in and typically involves providing passport details, length of stay, and accommodation address:

  • Timely Reporting: Often required on the same day or within a short timeframe (e.g., 24 hours) of the guest’s arrival.
  • Use of Official Guestbook/Platform: Hosts may need to submit forms or input guest details into an official register accessible to immigration.

Is there any Digital Platform Regulation Compliance?

While formal “digital platform verification” laws are not broadly published, platforms operating in Cuba typically must ensure that listed accommodations are legally licensed. Government authorities may hold hosts responsible for compliance rather than placing the onus on digital platforms. However, platforms recognized internationally might voluntarily comply with local requirements to maintain operational good standing.

Is there any Consumer Protection Law that affect STR?

While Cuba does not have an extensive consumer protection law directly aimed at casa particulares, the Ministry of Tourism (MINTUR) has established regulations and standards for the operation of private accommodations. These rules aim to ensure that guests receive quality service and safe lodging. For example: Hosts are required to meet certain health and safety standards, which indirectly protect consumers Casa particular hosts must provide accurate information about their property, including clear pricing and amenities.

Is there any Law that applies to Non-resident Owners?

Non-resident property owners face additional scrutiny and requirements when renting to tourists. While Cuba’s private real estate market is very limited and heavily regulated, any foreigner who legally acquires property and wishes to operate an STR must adhere to national licensing, taxation, and reporting standards.

Penalties for Non-Compliance:

Failure to comply with tax obligations, licensing rules, or immigration reporting for guests can result in fines, revocation of the rental license, legal actions, or restrictions on future operations.

Is there any classification of STR in the country?

There is no classification like this in Cuba, instead they are classified according to the type of accommodation they offer;

a shared room an apartment an entire house They can also be classified based on ownership, that is, government owned or privately owned casa

Are there Special National Event Regulations?

During significant national events and festivities in Cuba, authorities may temporarily tighten regulations. This often means stricter monitoring and reporting of guest information, increased security inspections, and the potential enforcement of curfews or noise limits during certain celebrations.

Major cultural gatherings include:

  • Fiesta del Tambor (March): A percussion-focused festival highlighting top Cuban and international drummers, where attendees are encouraged to dance and enjoy vibrant Afro-Cuban beats.
  • International Culinary Festival of Havana (June): A non-competitive food event showcasing Cuban cuisine, featuring tastings, culinary demonstrations, and masterclasses for both professionals and passionate food enthusiasts.
  • Havana Art Weekend (December): A bi-annual, more intimate art experience following Miami Art Basel, offering art exhibitions, studio discussions, and performances across various venues in Havana.

Is there any Penalty for Violating National Rules?

Homeowners found renting accommodations without proper authorization risk substantial fines and, in severe cases, may face the confiscation of their property.

  • Fines: Monetary fines for operating without a license or failing to report guests.
  • License Revocation: Hosts found violating rules may have their licenses revoked, ending their ability to legally rent to guests.
  • Legal Consequences: Guests that stay in unlicensed Casa are thrown out and may also be deported.

Are there National Rules or Regulations Governing Short-Term Rentals in Cuba?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

In Cuba, short-term rentals are called "casas particulares" (private houses), legally permitted since 1997 and subject to national regulations:

  • Licensing: Mandatory government license required, with specific standards for habitability, safety, and hygiene. Licensed properties must display a distinctive sign (two blue triangles on a white background).
  • Taxation: Fixed annual tax per room, with potential additional taxes depending on income/occupancy. Accurate record-keeping is required.
  • Operational Guidelines: Strict hygiene and safety standards, guest registration with local authorities, and restrictions on room numbers/occupancy per room. Zoning laws may apply.
  • Recent Developments: Increased regulations (higher taxes, stricter accounting, alignment with local development plans) due to economic challenges.
Is there any National Tax that affects short-term rental?

Short-term rentals in Cuba are subject to a fixed annual tax, income tax, and additional taxes on services provided. Hosts must comply with national tax laws and maintain proper financial records to avoid penalties. The regulatory framework is designed to ensure that casas particulares contribute to Cuba's economy while providing an essential service for the tourism sector.

permits, license
Are there any Permits, Licenses, or Registrations for alojamientos de corta estancia in Cuba?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

Yes, casas particulares in Cuba require a national registration and permit to operate legally. Homeowners must obtain a government-issued license, adhere to strict hygiene, safety, and tax regulations, and display a blue sign (blue anchor symbol) outside their property to indicate it is an authorized rental. The sign will read - 'Arrendador Divisa’. If the sign is in red it means that the casa particular is only for Cuban tourists.

  • Application Submission: The aspiring host applies at a local government office, providing property details, identification, and proof of ownership.
  • Inspection and Approval: Officials inspect the property to ensure it meets health, safety, and quality standards.
  • License Fees: A fee is usually charged for the license, and ongoing taxes may apply based on rental income.
  • Regular Renewal and Reporting: Hosts must maintain compliance, report guest information to authorities, and renew their license as required.
Is there any National Association for alojamientos de corta estancia owners in Cuba?
Is there any National Association for STR owners in the Country?

Cuba’s tourism system is state-regulated, and independent national associations specifically dedicated to STR (in the form of “casas particulares”) are not as common as in other countries. Instead, hosts may be loosely organized or advised through local owner cooperatives or state-sanctioned tourism agencies.

  • There is an organization that plays a key role in supporting casa particulares (private accommodations), though it is not exactly a national association in the typical sense. The Cuban Association of Private Workers (Asociación Cubana de Trabajadores por Cuenta Propia - ACTPP) is the primary body for self-employed workers, including those running casa particulares.
  • Informal Networks: Host communities often share best practices, but an official national STR association is not prominent.
  • State-Controlled Tourism Groups: Information, training, and support might be found through MINTUR or other government-supported tourism initiatives.

National Association for STR Owners

Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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