Understanding California’s Right to Repair Act (SB 800)

1. What Is the Right to Repair Act?

California’s Right to Repair Act, also known as Senate Bill 800 (SB 800), is a law that gives homeowners in new residential developments certain rights when they discover construction defects.

It applies to new homes sold by builders or developers after January 1, 2003, and it sets out both building standards and a mandatory process for handling defect claims.

The goal of the Act is to reduce litigation by requiring homeowners and developers to try to resolve defect claims through a structured repair process before going to court.

2. How the Process Works

Here’s a simplified overview of the Right to Repair Act procedures:

1. Notice of Claim – The homeowner must send the builder a written notice describing the defects.

2. Builder’s Response – The builder has a short window (usually 14 days) to acknowledge receipt and can request an inspection.

3. Inspection and Offer to Repair – The builder can inspect the property and must either offer to repair the defects or reject the claim with an explanation.

4. Repair Process – If repairs are offered, the builder must make them within a reasonable time, following the statute’s timelines and standards.

5. Mediation Option – The law also allows for mediation before litigation begins.

These steps are mandatory – meaning the homeowner generally can’t file a lawsuit for construction defects until the repair process is completed or the builder fails to comply with the law’s deadlines.

3. What If the Developer Doesn’t Fix the Problems?

If the builder or developer fails to respond, refuses to repair, or doesn’t complete repairs properly or on time, the homeowner can then file a lawsuit for violation of the Right to Repair Act and other claims, such as negligence or breach of warranty.

Importantly, once the builder fails to follow the SB 800 process, the homeowner is released from the pre-litigation requirements and can pursue damages for:

• The cost of repairs,

• Relocation expenses,

• Diminished value of the home, and

• Other economic losses related to the defects.

4. What the Right to Repair Act Doesn’t Cover

The Right to Repair Act only applies to new residential construction sold by a builder or developer.

It does not apply to:

• Custom homes built by a general contractor for an individual homeowner;

• Remodels, additions, or renovations to existing homes; or

• Commercial or mixed-use buildings.

If your contractor built or remodeled a home specifically for you – rather than selling you a completed home in a development — your rights and remedies are governed by traditional contract and tort law, not SB 800.

5. How SB 800 Changed the Law After Aas v. Superior Court

Before SB 800, California’s landmark case Aas v. Superior Court (2000) 24 Cal.4th 627 applied the economic loss rule to bar homeowners from recovering money for construction defects that had not yet caused property damage or personal injury.

Under Aas, homeowners could not sue under a negligence theory for purely defective or substandard construction — only for defects that resulted in actual property damage or bodily injury.

SB 800 was the Legislature’s direct response to Aas. It overturned the effect of the economic loss rule in residential construction cases covered by the Right to Repair Act (i.e., new construction sold by a developer to the public) by creating a statutory right of action for violations of building standards, even when the defect hasn’t yet caused physical damage.

In other words, under SB 800, homeowners in covered developments can now:

• Bring claims for defects that violate specific performance standards (Civil Code § 896 et seq.), even if those defects have not yet caused damage.

• Recover the cost to repair the defective conditions before they lead to further damage or safety issues.

However, this change applies only where SB 800 applies — namely, to new homes sold by builders or developers. For custom homes or remodels, the old Aas economic loss rule still governs, meaning homeowners may be limited to contractual remedies unless actual property damage occurs.

Bottom Line – The Right to Repair Act gives new-home buyers a clear, structured process for getting construction defects repaired – but it doesn’t protect everyone. Before assuming SB 800 applies to your situation, it’s important to know whether your home qualifies and whether your builder followed the law’s strict timelines.