Understanding Civil Code 895 – The California Right to Repair Act

California Civil Code Section 895 et seq.—also known as SB 800—was enacted in 2002 and applies to all new residential construction sold after January 1, 2003. Its goal is to establish minimum building performance standards and a pre-litigation resolution process to avoid costly litigation.

Key Features of SB 800:

• Applies to new residential construction only.
• Establishes detailed building quality standards.
• Requires homeowners to follow a specific pre-litigation process.
• Allows builders the opportunity to inspect and repair (or offer the homeowner money) before litigation.

Let’s break these components down.

Building Performance Standards Civil Code 896

SB 800 outlines specific standards that cover nearly every aspect of a residential structure, found at California Civil Code section 896, including:

• Water intrusion prevention (e.g., roof, windows, stucco, and flashing)
• Structural integrity (e.g., foundations, framing, load-bearing walls)
• Mechanical systems (e.g., HVAC, electrical, plumbing)
• Exterior elements (e.g., balconies, decks, siding)
• Soil and grading performance

These standards are designed to ensure that construction meets not just local building codes, but also functional expectations like longevity, safety, and maintenance predictability.

SB 800 Pre-Litigation Process

One of the most important aspects of SB 800 is its pre-litigation process, which must be followed before a homeowner can file a lawsuit (except in cases where damage has already occurred to other parts of the property).

The Process Includes:

1. Notice of Claim: The homeowner must provide the builder with written notice identifying the alleged defect(s) with enough detail to allow investigation.
   
2. Acknowledgment & Inspection: The builder has 14 days to acknowledge the claim and another 14 days to schedule an inspection.
   
3. Testing: Builders may conduct testing and even open up walls or structures to assess the damage.
   
4. Repair Offer: Within 30 days of inspection, the builder can offer to repair the defect and compensate for related damages. The builder must also include a timeline for repairs.
   
5. Homeowner Response: The homeowner has 30 days to accept or decline the offer. If declined, a reason must be stated for the refusal.
   
6. Repair Timeline: If accepted, repairs must begin within 14 days and be completed with “utmost diligence.”
   
7. Failure to Comply: If the builder fails at any point—by not responding, offering repair, or completing repairs—the homeowner may proceed with a lawsuit.
   
   

Exceptions to SB 800 Procedures

There are a few notable exceptions to the SB 800 requirements:

• If the defect has already caused damage to other parts of the home, the homeowner can bypass SB 800 and go straight to court.
  
• Builders may opt out of the SB 800 process, but only if they explicitly state so in the purchase agreement.
  
  

SB 800 Statute of Limitations

A statute of limitations is a law that limits the time in which one must bring their claims. Generally speaking, claims under SB800 must be brought within 10 years from the date the home is first sold when new.

Remedies Available Under the Right to Repair Act

Once a defect claim is validated through the Right to Repair Act —the homeowner may be entitled to:

• Repairs by the builder or the  reasonable cost of those repairs
  
• Replacement or reimbursement for damage to the properties
  
• Costs for temporary relocation or storage
  
• Loss of business income (if applicable)
  
• Attorney’s fees and expert witness costs (in some cases)
  
  

The law aims to restore the property to a condition it should have been in had it been properly constructed.