Santa Clara County New Construction Homes for Sale

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

New construction homes in Santa Clara County are concentrated in city growth plan areas, such as San Jose’s specific plans, the Milpitas Metro Specific Plan around the BART station and Mountain View’s East Whisman Precise Plan and, in South County, Gilroy’s Glen Loma Ranch. Two rules matter most: California’s Right to Repair Act (SB 800) governs the builder’s warranty and how you bring a defect claim, and buying a newly built home triggers a supplemental tax assessment that arrives separately from your regular bill.

At a glance

Where to look in Santa Clara County

New homes follow adopted plans. These are the plan areas we confirmed on city planning pages; ask the city’s planning counter or the builder which projects and phases are active now. We do not forecast pricing or timing.

San Jose. The city’s area and specific plans page lists approved plans including the Communications Hill, Evergreen, Jackson-Taylor, Martha Gardens, Midtown, Silver Creek and Tamien Station Area specific plans, the Alviso Master Plan and the Berryessa Swap Area Neighborhood Plan. The city says its specific plans generally aim for transit-oriented, mixed-use development. San Jose also plans growth through Urban Village plans; the city notes the Rincon South plan is now one of them. See San Jose real estate and Alviso real estate.

Milpitas. The Milpitas Metro Specific Plan, adopted February 7, 2023, updates the 2008 Transit Area Specific Plan that surrounded what became the Milpitas BART station. It covers about 510 gross acres and aims to turn former industrial land into a transit-oriented neighborhood; the city notes new housing has already been built under the earlier plan. See Milpitas homes for sale.

Mountain View. The East Whisman Precise Plan allows new residential uses in an area that was largely offices. Mountain View uses precise plans rather than specific plans, so check the precise plan that covers any new project. See Mountain View real estate.

Gilroy. The city’s Specific Plans page describes the Glen Loma Ranch Specific Plan as about 359 acres in the western foothills, with 145 acres of parks and open space and a planned buildout of 1,467 homes. The Hecker Pass Specific Plan, about 423 acres, focuses on preserving agricultural land with some clustered housing. See Gilroy real estate.

Elsewhere. Infill and townhome projects appear in Sunnyvale, Santa Clara, Campbell, Cupertino and Morgan Hill. Most new subdivisions in the county are built inside city limits; our guide to where to live in Santa Clara County explains city versus unincorporated rules, utilities and transit by town.

What to check before you buy

The DRE public report. A builder must obtain a subdivision public report from the Department of Real Estate before marketing a new subdivision. The DRE says the report covers use restrictions, HOA costs and assessments and other material disclosures, and you must receive it before you are obligated to buy. Ask for it at your first serious visit.

Mello-Roos and special assessments. A new subdivision may lie inside a Community Facilities District that funds infrastructure through a special tax. The subdivider must give you a notice of special tax before you sign (Gov. Code 53341.5), and the tax follows a rate and method of apportionment fixed when the district was formed (Gov. Code 53321). Get the district name and confirm the figure with the levying agency; see our Mello-Roos guide.

HOA documents. Nearly every new townhome and condo project, and many detached subdivisions, have an HOA. In a new project the first budget is an estimate, so read the CC&Rs, budget and reserve study carefully. Our HOA documents guide and buying a condo in California guide explain what to request.

City transfer taxes at resale. Several Santa Clara County cities add their own transfer tax on top of the county’s. Who pays it is set by the purchase contract, so read the builder’s contract, and remember it will matter again when you sell. Our city transfer taxes page lists them.

Hazard disclosures. Review the Natural Hazard Disclosure statement for flood, fault and fire zones before your contingencies expire; see our natural hazard disclosure guide.

Builder warranties and SB 800

California’s Right to Repair Act (Civil Code sections 895 through 945.5) sets standards for newly built homes and a claim process that comes before any lawsuit.

• Fit and finish. Builders must give at least a one-year written limited warranty for cabinets, mirrors, flooring, walls, countertops, paint and trim (Civil Code 900).
• What you receive at sale. The builder must provide maintenance recommendations, manufacturer warranty information, its own limited warranties, a copy of the statute and a recorded notice that these procedures affect your rights, along with the name and address of its agent for claims (Civil Code 912). On written request, it must also provide plans, soils reports and other construction records within 30 days.
• Notice first. A homeowner must send written notice of a claim to the builder by certified mail, overnight mail or personal delivery before suing (Civil Code 910). A call to customer service does not meet that requirement.
• Ten years. Most claims must be filed within 10 years of substantial completion (Civil Code 941); some standards have shorter periods.

Order your own inspection even on a brand-new home. City inspectors check code, not workmanship. If the builder allows a pre-drywall inspection, take it; see our home inspection guide. A builder warranty is also different from a home warranty plan.

The builder’s exclusion and your first tax bills

The Santa Clara County Assessor explains that a builder who files a claim before construction starts, or within 30 days after, can avoid a supplemental assessment while the home is being built and held for sale. The supplemental assessment is made when the property changes ownership, or when it is rented or occupied. In practice, that means you, as the first buyer, should expect a supplemental bill reflecting the new home’s value. Ask your lender whether it will pay supplemental bills from your impound account, and budget for them in case it does not. Our supplemental tax bill guide covers the timing, and our Prop 13 guide explains how your base year value is set.

Your own agent at the sales office

The builder’s salesperson represents the builder. You can have your own agent, but builders set their own registration rules, and some require your agent at your first visit. Ask before you go. Your agent can compare lot premiums and incentives, review the builder’s purchase contract, and track deposits and deadlines. See buyer broker agreements in California and our guide to buying new construction in California.

Questions people ask

Where are new homes being built in Santa Clara County?

Mostly in plan areas: San Jose’s specific plans and Urban Villages, the Milpitas Metro Specific Plan near the BART station, Mountain View’s East Whisman Precise Plan, and Gilroy’s Glen Loma Ranch and Hecker Pass specific plans.

Are new homes here mostly condos and townhomes?

Plans near transit, such as the Milpitas Metro and East Whisman plans, center on denser housing, so expect condos and townhomes there. Gilroy’s Glen Loma Ranch plan is a larger foothill subdivision with parks and open space.

What is the builder’s exclusion?

A claim a builder files with the Assessor so new homes built for sale are not supplementally assessed during construction. The assessment happens when the home is sold, rented or occupied, so the first buyer receives the supplemental bill.

What does a builder have to warrant?

At least one year on fit-and-finish items such as cabinets, flooring, paint and trim under Civil Code 900. SB 800 performance standards for structure, systems and soils generally allow claims for up to 10 years.

Do I need an inspection on new construction?

It is strongly recommended. An independent inspector reviews workmanship, which city code inspections do not, and finding issues before closing makes them easier to fix.

Can I bring my own agent to a builder’s model home?

Yes, but check the builder’s registration policy first. Some require your agent to be with you, or named, on your first visit.

Is there Mello-Roos on new homes here?

It depends on the subdivision. If the parcel is in a Community Facilities District, the builder must give you the special tax notice before you sign. Confirm the amount with the levying agency.

Sources & notes

1. Civil Code 900, 910, 912 and 941: SB 800 warranty, notice, document and time-limit rules.
2. Gov. Code 53341.5 and Gov. Code 53321: Mello-Roos notice and rate and method of apportionment.
3. California DRE: Public Reports.
4. Santa Clara County Assessor: Builder’s Exclusion.
5. City of San Jose: Area and specific plans.
6. City of Milpitas: Milpitas Metro Specific Plan.
7. City of Mountain View: East Whisman Precise Plan.
8. City of Gilroy: Specific Plans.

Plan details and active projects change; confirm with each city’s planning department, and confirm any special tax with the levying agency. Statutes can be amended; check current text on leginfo.legislature.ca.gov.

General information, not legal, tax or lending advice. Updated November 2026. Primary sources are linked in this guide.

Related: Santa Clara County real estate · Where to live in Santa Clara County · Mello-Roos in California · Supplemental tax bills · New construction vs. existing homes