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California · Civil Code §1102.155California water-conserving plumbing fixtures disclosure (§1101.4 and §1102.155)

California required owners of single-family homes to replace noncompliant plumbing fixtures with water-conserving ones on or before January 1, 2017 (Civil Code §1101.4). The seller must disclose that requirement in writing and whether the property has any noncompliant fixtures – toilets over 1.6 gallons per flush, urinals over 1 gallon, showerheads over 2.5 gallons per minute or interior faucets over 2.2 gallons per minute (§§1101.3, 1102.155). Multifamily and commercial sellers have a parallel duty (§1101.5).

What counts as noncompliant (§1101.3(c))

  1. Toilets

    Manufactured to use more than 1.6 gallons per flush.

  2. Urinals

    Manufactured to use more than 1 gallon per flush.

  3. Showerheads

    Flow capacity of more than 2.5 gallons per minute.

  4. Interior faucets

    Emit more than 2.2 gallons per minute.

The rules

  • Single-family homes: noncompliant fixtures replaced by the owner on or before January 1, 2017 (§1101.4(b)).
  • Permitted alterations or improvements: all noncompliant fixtures replaced as a condition of final permit approval (§1101.4(a)).
  • Seller's written disclosure: the requirement and whether noncompliant fixtures remain, affirmed as the seller's own statement, not a warranty and not a substitute for inspections (§1102.155).
  • Multifamily and commercial property: replacement by January 1, 2019 and a written disclosure that may be included in other transaction documents (§1101.5).

What the TC tracks

  • The fixtures statement delivered with the seller disclosures and signed by the buyer.
  • Any noncompliant fixtures noted and whether the parties agreed on replacement.
  • Local retrofit or point-of-sale requirements checked with the city or county.

Questions about California's water-conserving fixtures rule

Do I have to replace toilets before selling a house in California?

State law required noncompliant fixtures in single-family homes to be replaced by January 1, 2017; at sale the seller must disclose the rule and whether any noncompliant fixtures remain (Civil Code §§1101.4, 1102.155).

What is a noncompliant toilet in California?

One manufactured to use more than 1.6 gallons of water per flush (§1101.3(c)(1)).

Is the plumbing fixtures disclosure a warranty?

No. The seller affirms it is the seller's representation, not a warranty and not a substitute for inspections (§1102.155(a)(2)).

Does the rule apply to condos and apartments?

Multifamily and commercial property follow §1101.5: replacement by January 1, 2019 and a written disclosure at sale.

Does a remodel trigger replacement?

Yes. For single-family homes, all noncompliant fixtures must be replaced as a condition of final approval of a permitted alteration or improvement (§1101.4(a)).

Related guides

Keep the fixtures statement with the seller disclosures in ClosingCode and track the buyer's signature as a task with an owner and due date.

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Source: California Civil Code §§1101.3, 1101.4, 1101.5, 1102.155 (leginfo.legislature.ca.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.