9/12/2016

New California Law on Low-Flow Toilets for 2017

As of January 1, 2017, water-conserving plumbing fixtures for single family homes built before 1994 will be required for California homes.

So as a Realtor, one thing I want to say right away is that it is not the agent's responsibility to disclose this at time of sale, but it is the seller/owner's responsibility to disclose if such fixtures have been installed.  And, it is not a point-of-sale requirement, but it is a requirement by virtue of owning a single family home as of January 1, 2017.

So what must be replaced?

1) A toilet manufactured to use more than 1.6 gallons per flush;
2) Any urinal manufactured to use more than one gallon of water per flush;
3) A showerhead manufactured to use more than one gallon of water per flush;
4) An interior faucet that emits more than 2.2 gallons of water per minute.

That State of California would like property owners to also know that putting brick in the toilet tank does not comply with the new law, even if it saves the appropriate amount of water. (Sorry!)

While the new law does not create a point-of-sale requirement, there may be local ordinances which do have their own laws which do create point-of-sale requirements, so it all depends on where you live, i.e., San Diego.

For properties which are not in compliance at the time of sale, the seller is required to disclose in writing to the buyer the new legal requirement, the presence of noncompliant plumbing fixtures on the property, and affirm to the buyer that it is the seller's (not the agent's) responsbility to disclose.  Of course, new updated transaction forms are planned by the California Association of Realtors to include this information.

At this point, the law addresses only single family homes, and there is no mention of condominiums or other unit-type properties.
For a more complete printout on this law, please feel free to contact me!

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