California Civil Code Section 896 The Right To Repair Act — Standards for Residential Construction

What is Civil Code Section 896?

Under California Civil Code section 896, part of the California’s right to repair act, new home builders and are legally responsible for ensuring new residential construction meets specific standards. These rules apply to to new homes intended for individual sale sold after 2003. If these standards are violated, homeowners may recover damages — but only through the procedures outlined in the California Right to Repair Act.

Who Does The Right to Repair Act Apply To?

These standards apply to new home builders and their , general contractors, subcontractors, material suppliers, product manufacturers, and design professionals involved in original residential construction.

California Civil Code Section 896 is part of SB 800 (also known as the Right to Repair Act) and specifies the performance standards that builders must meet. It defines what constitutes a “construction defect” under the Right to Repair Act.

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Detailed Standards Under § 896

(a) Water Intrusion Standards:

Doors shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any.
Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or their designed or actual moisture barriers, including internal barriers within the systems themselves.
Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component.
Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including internal barriers within the systems themselves.
Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure.
Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems.
Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component.
Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application.
Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component.
Stucco, exterior siding, and exterior wall finishes and fixtures shall not allow unintended water to pass into the structure or beyond, around, or through the designed or actual moisture barriers of the system, including internal barriers within the system itself.
Stucco, exterior siding, and exterior wall finishes and fixtures shall not allow excessive condensation to enter the structure and cause damage to another component.
Retaining walls and site walls, and their associated drainage systems, shall not allow unintended water to pass beyond, around, or through the designed or actual moisture barriers, including internal barriers within the system itself, and cause damage.
Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through areas designated by design.
Lines and components of plumbing, sewer, and utility systems shall not leak.
Lines and components of plumbing, sewer, and utility systems shall not corrode so as to impede the useful life of the systems.
Sewer systems shall allow the designated amount of sewage to flow through the system.
Shower and bath enclosures shall not leak water into the interior of walls, floors, or other components.
Ceramic tile and tile countertops shall not allow water into the interior of walls, floors, or other components so as to cause damage.

(b) Structural Standards:

Foundations, load-bearing components, and slabs shall not contain significant cracks or significant vertical displacement.
Foundations, load-bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe.
Foundations, load-bearing components, slabs, and underlying soils shall be constructed to materially comply with the design criteria for chemical deterioration or corrosion resistance in effect at the time of original construction.
The structure shall be constructed to materially comply with the design criteria for earthquake and wind load resistance in effect at the time of original construction.

(c) Soil Standards:

Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall.
Soils and engineered retaining walls shall not cause the structure to be structurally unsafe.
Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder.

(d) Fire Protection Standards:

The structure shall be constructed to materially comply with the design criteria for fire protection of occupants in effect at the time of original construction.
Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney.
Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire.

(e) Plumbing and Sewer Systems:

Plumbing and sewer systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow.

(f) Electrical Systems:

Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow.

(g) Other Building Components:

Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow.
Stucco, exterior siding, and other exterior wall finishes and fixtures shall not contain significant cracks or separations.
To the extent not otherwise covered by these standards, manufactured products, including but not limited to windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances, shall be installed so as not to interfere with the products’ useful life, if any.
Heating and air-conditioning systems shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space, if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or after January 1, 2008.
Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor.
Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit.
Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow.
Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow.
Paint and stains shall be applied in a manner consistent with the manufacturer’s specifications, and the painted surfaces shall not deteriorate or fail within the manufacturer’s warranty period. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow.
Roofing materials shall be installed so as to avoid materials falling from the roof.
Structures shall be constructed in such a manner so as not to impair the occupants’ safety due to the presence of toxic or hazardous substances.
Structures shall be constructed to prevent the intrusion of water & moisture, pests, noise, odors, smoke and other environmental conditions that may cause damage to the structure.
The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach.
Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.

Statutes of Limitations for Construction Defect Claims:

California Civil Code Section 896 establishes specific timeframes within which construction defect claims relating to new homes first sold after January 1, 2003 may be brought. These timelines or “statutes of limitation” are generally described as follows:

Irrigation systems and drainage §896(g)(7)	1 year from close of escrow
Excessive inter-unit noise §896(g)(6)	1 year from original occupancy of the adjacent unit
Dryer ducts §896(g)(14)	2 years from close of escrow
Landscaping systems §896(g)(12	2 years from close of escrow
Untreated wood posts §896(g)(8)	2 years from close of escrow
Electrical §896(f)	4 years after close of escrow
Exterior pathways/driveways/hardscape/sidewalks/patios §896(g)(1)	4 years after close of escrow
Untreated steel fences §896(g)(9)	4 years after close of escrow
Plumbing §896(e)	4 years after close of escrow
Sewer §896(e)	4 years after close of escrow
Paint and stains §896(g)(10)	5 years from close of escrow

It is important to know that longer timeframes may apply for damage that results from a builders failure to meet the above described performance standards.

Gain an Unfair Advantage – Choose an Experienced Legal Team

Navigating the intricacies of California Civil Code Section 896 — the Right to Repair Act’s Standards for Residential Construction — demands seasoned legal insight. At Stone LLP, we specialize in guiding clients through the challenges of construction defect claims under this statute. We represent contractors, apartment owners, luxury homeowners, real estate investors, commercial and industrial property owners, and public agencies in matters involving residential construction standards.

Our attorneys possess a deep understanding of the statutory requirements outlined in Section 896, including issues related to substandard workmanship, design flaws, material failures, and violations of construction performance standards. We also handle related disputes involving insurance coverage and construction contracts.

With offices throughout California, including key locations in Irvine and Los Angeles, Stone LLP is positioned to provide clients with local knowledge and statewide legal reach. Whether through negotiation, mediation, or litigation, we are committed to securing favorable outcomes and protecting your interests at every stage of the dispute.

Legal Implications

Exclusive Remedy: The standards set forth in § 896 are the exclusive remedy for homeowners seeking damages related to construction defects in new residential construction. Common law causes of action are preempted, and homeowners must adhere to the pre-litigation procedures outlined in Chapter 4 (commencing with Section 910) before initiating a lawsuit.
Applicability: These standards apply to original construction intended to be sold as an individual dwelling unit and do not extend to condominium conversions or supersede other statutory or common law provisions related to such conversions.

Need legal guidance on construction defects?

Should you have any questions or concerns related to your home and the Right to Repair Act, or construction defect claims, the attorneys at STONE LLP have the experience and expertise in evaluating and prosecuting construction defect claims on behalf of owners like you. Reach out to our team of experienced California construction law professionals for a no cost case evaluation.

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