The law provides for mortgage credit, but we did not find an official figure for how many loans are granted in 2026. According to El Diario (April 28, 2026), the market has operated for years "with heavy dependence on cash payments". Rules verified as of October 28, 2026.
| Route | Main rule | What protects the parties |
|---|
| Bank credit | Ley Especial de Protección al Deudor Hipotecario de Vivienda (housing mortgage debtor protection law) | Mortgage in favor of the bank and limits on the installment |
| Credit from FAOV (the mandatory housing savings fund) money | Ley del Régimen Prestacional de Vivienda y Hábitat (housing and habitat benefits law) | First-degree mortgage in favor of BANAVIH (the national housing bank) |
| Balance financed by the seller | Código Civil (Civil Code) | The seller's hipoteca legal (legal mortgage) |
| Preventa (pre-sale) from a builder | Ley de Promoción y Protección de la Construcción de Viviendas (housing construction promotion and protection law; 2026) | Mandatory trust for the payments |
| Cash | Ley de IGTF (tax on large financial transactions) and registry rules | Receipts for each payment |
Bank credit: what the law says and what exists in 2026
The Ley Especial de Protección al Deudor Hipotecario de Vivienda (amended text, Gaceta Oficial No. 38.756, August 28, 2007) governs loans from banks and from "acreedores particulares" (private creditors) (article 1):
Banks must allocate to primary housing a percentage of their annual portfolio set by the housing ministry (article 29). We did not find the 2026 figure published.
When the loan is granted, the installment ranges from one twentieth to one fifth of declared monthly income (article 31).
For primary housing a social interest rate applies, calculated by BANAVIH and approved and published by the BCV (the central bank) (article 42).
Double indexation, anatocism and usury are prohibited (article 22).Bolívares or foreign currency: three rules that do not fit together.
Ley Especial, article 23: "Las opciones de compra para la adquisición de viviendas, los créditos hipotecarios, los contratos de ventas con financiamientos u operaciones de compraventa" for housing "sólo se otorgarán en bolívares" (purchase options to acquire homes, mortgage loans, financed sales contracts or purchase and sale transactions for housing shall only be granted in bolívares), and "La contratación celebrada o referenciada en moneda extranjera es inconstitucional e ilegal" (contracting concluded or referenced in foreign currency is unconstitutional and illegal).
Convenio Cambiario No. 1 (exchange agreement; 2018), article 8, literal a: if the obligation was agreed in foreign currency as the money of account, "el pago podrá efectuarse en dicha moneda o en bolívares, al tipo de cambio vigente para la fecha del pago" (payment may be made in that currency or in bolívares, at the exchange rate in force on the payment date).
2026 construction law, article 19, numeral 1: "se podrá fijar el precio de venta definitivo con base a unidades de cuenta oficiales y otros mecanismos autorizados por la ley" (the final sale price may be set on the basis of official units of account and other mechanisms authorized by law). That law repeals the rules that "colidan o resulten contrarias" (conflict with or are contrary to) it (Disposición Derogatoria Única, the sole repealing provision).We did not find a rule or a court ruling that says how they combine: consult a lawyer before signing.
In 2026:
Encaje legal (reserve requirement). Since September 15, 2026, banks must deposit at the BCV a reserve of 73% of their net demand and savings liabilities and 50% of their term liabilities in bolívares (Resolution No. 26-08-02, Gaceta Oficial No. 7.073 Extraordinario, articles 2, 15 and 19). The resolution does not address mortgage credit.
Program for disaster victims. The Government announced subsidized mortgage credit for those affected by the June 24 earthquakes, under the name Venezuela Renace (Venezuela Reborn) (SAREN, the registries and notaries service, July 4, 2026; El Nacional, August 11, 2026).Credit from FAOV money (BANAVIH)
The Ley del Régimen Prestacional de Vivienda y Hábitat (2024 amendment, reprinted in Gaceta Oficial No. 6.805 Extraordinario, May 1, 2024) says:
The Fondo de Ahorro Obligatorio para la Vivienda (FAOV) finances the purchase, construction or improvement of a primary home and the payment of mortgage loans (article 31), and workers can use their savings to buy (article 35).
The loan can cover up to 100% of the appraisal (article 68), with an installment of 5% to 20% of family income (article 70).
The guarantee is a first-degree mortgage in favor of BANAVIH (article 73), and the property cannot be sold without the creditor's authorization while debt remains (article 74).We did not find current conditions published (on October 28, 2026 the BANAVIH website only gave access to its platforms): ask your bank whether it processes these loans.
Balance financed by the seller
The Código Civil (Gaceta Oficial No. 2.990 Extraordinario, 1982) allows a sale with part of the price outstanding:
The buyer pays "on the day and at the place determined by the contract" (article 1.527): the parties can set installments.
Ownership passes with consent (article 1.161): once the sale is signed, the buyer is the owner even if they still owe the balance. Against third parties, registration is what counts (article 1.924).
The seller has a hipoteca legal for the obligations arising from the sale, "it being sufficient for this that the obligation appear in the instrument of transfer" (article 1.885, numeral 1). It only takes effect once registered and for a determined amount (article 1.879), and it follows the property even if it changes owners (article 1.877).
If the buyer does not pay, the seller can ask a court for performance or termination (article 1.167).Reserva de dominio (retention of title). The Code leaves the "sale of movable goods on credit" to special laws (article 1.480), and the Ley sobre Ventas con Reserva de Dominio (retention of title sales law; 1958) covers "things movable by their nature" (article 1). We did not find a rule that regulates it for a home.
Our reading: a seller who finances the balance may qualify as an "acreedor particular" (private creditor) under the Ley Especial (article 6) and be subject to its article 22. Article 23 already names financed sales.
Once the balance is paid, the mortgage stays recorded until its cancellation is registered: see how to release a mortgage. If you hand over money before signing the sale, see the opción de compra-venta (purchase option agreement) and the arras (deposit).
Pre-sale from a builder
The Ley de Promoción y Protección de la Construcción de Viviendas (Gaceta Oficial No. 7.071 Extraordinario, August 25, 2026) amended and renamed the Ley contra la Estafa Inmobiliaria (law against real estate fraud). To offer units in preventa, the developer must hold, and have filed with the housing ministry, the title or right to dispose of the land in a public document, the approval of the preliminary design and the Constancia de Variables Urbanas Fundamentales (zoning compliance certificate) from the mayor's office, the mechanism for safeguarding payments and registration in the Registro Único Nacional de Proyectos e Inmobiliarias (national registry of projects and real estate companies) (article 8).
Full permits are required before physical construction begins (article 12). About your money:
Mandatory trust at a bank or financial institution, set up before the offer, with separate assets that cannot be seized. Payments are released against construction progress certifications from an independent inspecting engineer; if the break-even point is not reached within the agreed period, they are returned (article 18).
Contract with the price, start and end dates, a maximum period to record (protocolizar) the final sale and the financial operator's requirements for your loan. It cannot be modified once signed (article 19).
No additional charges for services and site development (article 20); payments are used only for the construction, and each receipt details the concept, formula and calculation basis (article 24).
If you fall behind: the builder can only rescind if more than 60 days pass without you paying an installment (article 21), and late-payment interest has a legal cap, with no interest on interest (article 30).
If you withdraw: you give 90 days' written notice (article 22) and receive what you paid indexed to the official exchange rate, minus a penalty clause of up to 5%, within a maximum of 120 calendar days from the notice (article 23).
If the construction is delayed by the developer, absent an agreement the compensation is 0.1% per day of the indexed capital (article 29).Paying cash
Paying in foreign currency within the national banking system without a foreign correspondent, or to a sujeto pasivo especial (special taxpayer) without the mediation of financial institutions, carries 3% IGTF (articles 4, numerals 5 and 6, and 24). See IGTF on foreign-currency payments. Agreeing the price in foreign currency falls into the conflict of rules described above.
At the Registro (public registry) you will sign a sworn statement on the lawful origin and destination of the funds (Resolution No. 008, Gaceta Oficial No. 41.581, article 27).
For a sale with a balance, a pre-sale or a mortgage you will need a lawyer: every document for the Registro must be drafted and endorsed (visado) by one (Ley de Registros y Notarías (registries and notaries law), article 23).
