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CASp Inspections and ADA Compliance for California Commercial Property

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

A CASp inspection is a review of a commercial property’s public areas by a Certified Access Specialist, a professional certified by the State of California to assess compliance with construction-related accessibility standards. No law requires one, but every California commercial lease signed since January 1, 2017 must say whether the premises have been CASp-inspected (Civil Code section 1938). An inspection completed before anyone files a claim can also make the owner or tenant a “qualified defendant,” with a 90-day stay, an early evaluation conference and lower minimum damages if the listed problems are fixed on time.

Accessibility claims are a real cost of owning or occupying retail, restaurant, office and other space the public visits. California’s Unruh Civil Rights Act sets minimum statutory damages of $4,000 per offense plus attorney’s fees (Civil Code section 52), on top of the federal Americans with Disabilities Act. This guide explains what a CASp does, what the lease statement must say, how a report helps in litigation, and how buyers, landlords and tenants handle the issue in a deal. It is part of our commercial real estate guides.

What a CASp inspection is, and what it isn’t

The Division of the State Architect (DSA), part of the Department of General Services, runs the CASp program. DSA explains that the standards that apply to a property depend on when it was built and renovated, and that while a licensed architect or engineer can evaluate access compliance, “only a CASp can provide services that offer ‘qualified defendant’ status.”

Civil Code section 55.53 sets out what the CASp delivers. If the inspected areas meet the standards, the report is a signed, dated opinion saying so. If they don’t, the report describes each area needing correction and the fix, and includes a schedule for completing the work. Either way it must say whether readily achievable barrier removal was assessed.

The disability access inspection certificate

With the report, the CASp can issue a sequentially numbered certificate sold by DSA. DSA is blunt about what it means: the certificate “is a record of inspection, not a certificate of compliance.” It is issued whether or not the property meets the standards, posting it is optional, and under section 55.53 it shouldn’t be posted after the site is modified in a way that may affect compliance.

Hiring a CASp

Use DSA’s Certified Access Specialists list and choose someone marked as doing inspections in your region.
Define the public areas to be inspected in a written agreement, and require a report that complies with the Construction-Related Accessibility Standards Compliance Act and a certificate.
Confirm the CASp’s certification number and expiration date.
Know the difference: DSA notes that CASps at local building departments review code compliance for permits, not ADA compliance for your business.

DSA also tells owners to file a complaint if a CASp threatens legal action unless they sign a contract.

The federal and state rules behind the inspection

Title III of the ADA covers public accommodations, meaning businesses and nonprofits that serve the public, such as shops, restaurants, hotels, gyms and doctors’ offices. In existing buildings they must remove architectural barriers when it is “readily achievable,” which the Justice Department describes as easy to do without much difficulty or expense, judged by the business’s size and resources. New construction and alterations must meet the ADA Standards for Accessible Design.

The federal rule on landlords matters in every lease. Under 28 CFR 36.201(b), both the landlord who owns the building and the tenant who operates the business are public accommodations, and the allocation of responsibility between them “may be determined by lease or other contract.” The lease decides who pays; it doesn’t take either party out of the law.

DSA’s guidance flags two federal dates: January 26, 1992, when ADA requirements for new construction and alterations began, and March 15, 2012, after which new or renovated facilities must follow the 2010 ADA Standards. California’s own standards are in the California Building Code, and section 55.53 tells the CASp that where state and federal standards differ, the state rule applies unless the federal one gives greater access.

California’s procedural rules for these lawsuits are in Civil Code sections 55.51 to 55.545, the Construction-Related Accessibility Standards Compliance Act. It applies to construction-related accessibility claims, including claims under Civil Code sections 51, 54, 54.1 and 55. Under section 55.56, statutory damages are available only if the plaintiff personally encountered the violation on a particular occasion or was deterred from visiting by a violation they knew about.

Civil Code 1938: the statement every commercial lease needs

Section 1938 applies to property offered for lease to someone who operates, or plans to operate, a place of public accommodation, or a facility the general public is invited into. For those leases signed on or after January 1, 2017:

If the premises have	The owner or landlord must	Tenant protections
A CASp report, with no known later changes affecting compliance	Give the tenant a copy before the lease is signed; the tenant agrees to keep it confidential except as needed for repairs it agreed to make	The owner is presumed responsible for correcting listed violations unless the parties agree otherwise; a report delivered less than 48 hours before signing lets the tenant rescind within 72 hours after signing, based on its contents
A report and a certificate showing the premises meet applicable standards	Provide the current certificate, and any report not already provided, within seven days after signing	The tenant has a record of the inspection
No certificate	Include the statutory statement in the lease	The landlord “may not prohibit the lessee or tenant from obtaining a CASp inspection” if the tenant asks for one

In that statement, the tenant is told a CASp may inspect, an inspection isn’t legally required, and the parties must mutually agree on the timing and manner of any inspection, who pays its fee and who pays for the corrections needed to comply. Those three items are worth settling before signing rather than after a problem appears. Our guide to commercial lease types shows where the statement sits among the other lease terms.

How a CASp report helps if a claim is filed

The legal value of a CASp report comes from timing. DSA says qualified defendant status applies only if the inspection, report and compliance schedule were in place before the claim was filed, and an inspection done after a lawsuit gives no protection for that claim. It also doesn’t cover public areas that weren’t inspected.

Defendant	What it must show	What it can get
Site inspected by a CASp before the claim	A declaration of no later changes affecting compliance; the CASp report to the court and plaintiff at least 15 days before the conference; violations corrected, or to be corrected within 60 days of service	A 90-day stay and an early evaluation conference within 70 days (section 55.54); minimum statutory damages of $1,000 per offense if all violations are corrected within 60 days of service (section 55.56)
Small business (25 or fewer employees and average annual gross receipts under $3.5 million over the prior three years, adjusted for inflation)	All violations corrected within 30 days of service, with proof of employee count and receipts filed with the court	A stay and early evaluation conference; minimum statutory damages of $2,000 per offense
No inspection	Defends under the general rules	Exposure to the Unruh Act minimum of $4,000 per offense plus attorney’s fees

Section 55.56(g)(3) adds a 120-day grace period for smaller businesses. A business that has averaged 50 or fewer employees over the past three years isn’t liable for minimum statutory damages for a violation a CASp noted, during the 120 days after the inspection, if the inspection came before any claim or demand letter, the business wasn’t already on notice of the violation, and it corrects every noted violation within those 120 days.

DSA adds that the CASp must deliver the report within 30 days of the inspection. Confirm with an attorney whether the grace period fits your business and inspection date.

Section 55.53 adds one more point in the owner’s favor: choosing not to hire a CASp can’t be used as evidence that an owner didn’t intend to comply.

Handling accessibility in a purchase

For a buyer of retail, restaurant, office or mixed-use property, accessibility belongs in due diligence alongside title, environmental and building systems. Items to request or order:

Any existing CASp report and certificate, with the inspection date and the areas covered.
A list of accessibility demand letters, complaints and lawsuits against the property or its tenants, and how each was resolved.
Leases and their accessibility clauses, so you know which obligations you inherit from the current landlord.
Permit history for alterations, since DSA notes that the standards that apply depend on when areas were built or renovated.
Your own CASp inspection during the due diligence period if none exists, with a contractor’s estimate for the corrections.

Treat the corrections estimate like any other capital item in pricing. Our commercial due diligence checklist puts accessibility in order with the other reviews, and our guide to buying NNN-leased property explains how tenant obligations transfer. Sellers can get ahead of the question; see selling commercial property.

Handling accessibility in a lease

Because federal law lets the lease allocate responsibility, the clause matters as much as the statement section 1938 requires. Points to settle in writing:

Who orders and pays for an inspection, and when it happens: before signing, before opening or after build-out.
Who corrects what. Say whether the landlord or the tenant handles common areas, parking, the building entrance and the suite interior; nothing is standard until it’s in the lease.
Alterations. A tenant’s build-out can trigger path-of-travel upgrades to entrances, restrooms and parking; our tenant improvement allowance guide covers how those costs are budgeted.
Claims. Indemnity, defense and insurance for accessibility claims, and how the parties cooperate if one arrives.
Confidentiality. DSA advises keeping CASp reports confidential and disclosing them only after consulting an attorney; section 1938 builds in a tenant confidentiality agreement for the same reason.

Our guide to negotiating a commercial lease covers the other clauses that usually go into the same negotiation, our medical office space guide covers a use where patient access is central, and our tasting room space guide covers a build-out where restrooms and the entrance often need work.

Funding and fees

DSA’s page points small businesses to the CalCAP/ADA loan program, which offers loans of up to $50,000 for ADA-related improvements, and says the cost of a CASp inspection report, up to 5% of the loan amount, may be reimbursed. Check current eligibility with the program before you rely on it.

The state funds CASp training and access programs partly through a fee on local business licenses and permits under Government Code section 4467. As reproduced on California Public Law in October 2026, the fee was $1 from 2013 through 2017 and has been $4 since January 1, 2018, with most of it kept by the city or county. Diamond may refer you to partners we work with, such as CASps, contractors and attorneys; you’re free to choose any provider.

Questions people ask

Is a CASp inspection required in California?

No. State law doesn’t require one, and choosing not to get one can’t be used to show you didn’t intend to comply. But commercial leases must state whether the premises have been CASp-inspected, and only a CASp inspection before a claim can give qualified defendant protections.

What does a Civil Code 1938 disclosure say?

It states whether the premises have been inspected by a CASp. Without a certificate, the lease must say a CASp can inspect, that the law doesn’t require it, that the landlord can’t prohibit an inspection the tenant requests, and that the parties will agree on timing, the fee and the cost of corrections.

Who pays for ADA corrections in a commercial lease?

Whoever the lease says. Federal rules make both landlord and tenant responsible to the public but let the lease allocate the work. Under section 1938, violations in a CASp report given to the tenant are presumed to be the owner’s to fix unless the parties agree otherwise.

Does a disability access inspection certificate mean my building complies?

No. DSA describes it as a record of inspection, not a certificate of compliance. It is issued whether or not the property meets the standards.

What is a qualified defendant?

A defendant whose site was inspected by a CASp before the claim, with no later changes affecting compliance. It can request a 90-day stay and early evaluation conference, and its minimum statutory damages drop to $1,000 per offense if it corrects all violations within 60 days of service.

How do I find a CASp?

Use the Division of the State Architect’s list of Certified Access Specialists, pick one who does inspections in your area, and confirm the certification number and expiration date before you sign.

Should a buyer order a CASp inspection before buying a commercial building?

It is often worth doing during due diligence for property open to the public, especially retail and restaurant space. The report gives you a correction list to price, and an inspection in place before any claim is what creates qualified defendant status.

This is general information, not legal advice. Accessibility claims, lease disclosures and qualified defendant status turn on facts and dates, so talk to a California attorney who defends disability access claims, and to a CASp, before relying on any protection described here.

If you’re buying, selling or leasing space the public will visit, Diamond can build accessibility into the due diligence and the lease terms from the start. Visit our commercial real estate services page or contact us.

Sources & notes

We read the statutes on California Public Law, an unofficial mirror of the codes, in October 2026.

Last reviewed October 2026 by Matthew Martinez.