On January 1, 2017 homeowners of single family homes across California will be required to install water-conserving plumbing fixtures if the property was built before 1994. This is NOT a point-of-sale requirement. It is required by virtue of owning a home built before 1994. (California Civil Code 1101.1 through 1101.9)
What fixtures must be installed/replaced?
(1) Any toilet manufactured to use more than 1.6 gallons of water per flush.
(2) Any urinal manufactured to use more than 1 gallon of water per flush.
(3) Any showerhead manufactured to have a flow capacity of more than 2.5 gallons of water per minute. (4) Any interior faucet that emits more than 2.2 gallons of water per minute.
Disclosures for Single-Family Property Built Before 1994 In regard to selling the home, this law requires 3 disclosures:
(1) Disclosure of the legal requirement: First, the seller must disclose to the buyer in writing the legal requirement that the owner of the property must replace non-compliant plumbing fixtures WCP fixtures for properties built before 1994.
(2) Disclosure of non-compliant fixtures: Second, the seller must disclose to the buyer in writing whether the real property includes any non-compliant plumbing fixtures.
(3) The seller’s affirmation: Third, when a transfer Disclosure Statement (Form TDS) is required, the law calls on the seller to specifically affirm that the disclosures of the seller are not those of the agent, are not intended to be part of any contract, are not a warranty, and are not a substitute for the buyer’s own inspections.
Source: California Association of Realtors, Robert Bloom, Esq.