Warranties under California’s Right to Repair Act (SB 800)

California’s Right to Repair Act, SB 800 (Civil Code §§ 895–945.5), sets out minimum “performance standards” that new-home builders must meet. If those standards are violated, homeowners may have claims under the Act. Some of the key categories include:

Fit and Finish / Workmanship & Materials

Interior finishes, cosmetic work, trim, flooring, paint, cabinetry, doors/windows, etc., must meet “industry standards” and be free from defects in workmanship and materials.

1 year from the close of escrow (or other date defined by statute) for those defects.

Plumbing, Electrical, Mechanical Systems

Plumbing, electrical, mechanical systems must be installed properly, function as intended, not materially impair habitability, and comply with building standards.

2 years for defects in systems (plumbing, electrical, mechanical) under SB 800’s standards.

Exterior Components / Water Intrusion / Moisture Barrier

Components intended to resist water intrusion (roofing, flashing, exterior walls, windows, moisture barriers) must remain weathertight; the so-called “moisture barrier” systems must prevent unintended water penetration.

5 years (for paint, surface coatings) or longer for major envelope or moisture barrier defects depending on the part of structure and the timing rules under the statute.

Structural / Major Structural Defects

The structural components of the home must perform for at least 10 years. “Structural defect” means a defect in the load-bearing portions, such that they fail to provide reasonable structural support and safety.

10 years after the date of “substantial completion.”

Other Building Standards

SB 800 provides many more performance standards in Civil Code § 896 (for example, requirements for site drainage, foundation, framing, sloping grade, separation of incompatible materials). Homeowners can assert claims for defects that violate those standards.

10 years for most standards not covered by shorter warranties, subject to statute of limitations provisions.

Why These Warranties Matter

These warranty obligations under SB 800 are a central part of the “right to repair” scheme. They:

• Define which defects the builder must address under the pre-litigation and repair processes;

• Fix the maximum time periods that homeowners can rely on the statutory warranty; and

• Serve as a benchmark against which homeowners and builders measure repair obligations and disputes.

If a defect arises outside those time windows, a homeowner who tries to claim it under SB 800 may be barred – even if the defect is real.