The article analyzes from a holistic perspective the theoretical and legislative references of the domestic public service from the Administrative Law of Water from comparative law, with emphasis on how the Cuban legislator regulated it in the water regulations, Law No. 124, that allows determining the impact of this non-compliance on the legislative gaps in the legal system studied.Theoretical and empirical methods, as well as techniques and procedures of scientific research, the doctrinal theoretical analysis of the categories involved in the delimitation of legislative gaps were used for its construction, based on the most representative theoretical references to conclude.As in the Cuban legal system, the public home service is protected, as other laws provide to follow the legal logic.That of analysis and synthesis, to systematize the main elements studied; comparative law, to know the regulatory treatment of the domestic public water service.The bibliographic review, to know the criteria of scholars on the subject.Results: the identification of legislative gaps in the aforementioned legal norm is provided and the omission of not regulating the public home service in the legal norms in the Cuban legal system is noted as an idea to defend in an