California Point-of-Sale Requirements: A Seller's Checklist
Every California home seller owes a short list of statewide sale-time items: a written statement that the home has operable smoke alarms, carbon monoxide devices where the home has gas appliances, a fireplace or an attached garage, a written certification that the water heater is braced, anchored or strapped, and a written disclosure about water-conserving plumbing fixtures if the home was built on or before January 1, 1994. Depending on the property, the seller also owes defensible space documentation in High or Very High fire zones, the earthquake safety guide for older wood-frame homes and the federal lead-based paint disclosure for pre-1978 housing. Cities and sewer districts then add their own inspections, which is where most delays come from.
This checklist covers the statewide items first, with the statute behind each, then a table of local point-of-sale rules in Diamond’s markets that link to our detailed county pages. It is part of our guide to the selling process. Rules are stated as of October 2026.
The statewide checklist at a glance
| Item | Applies to | What the seller does | Law |
|---|---|---|---|
| Smoke alarms | Single-family dwellings (one or two units) and factory-built housing | Make sure an operable alarm is installed; deliver a written statement of compliance | Health & Safety Code 13113.8 |
| Carbon monoxide devices | Dwelling units with a fossil-fuel heater or appliance, a fireplace or an attached garage | Install State Fire Marshal-listed devices in the required locations | Health & Safety Code 17926 |
| Water heater bracing | Any sale of property with a water heater | Brace, anchor or strap it; certify compliance in writing | Health & Safety Code 19211 |
| Water-conserving fixtures | Property built and available for use on or before January 1, 1994 | Disclose the requirement and whether noncompliant fixtures remain | Civil Code 1101.2 to 1101.4 |
| Defensible space (AB 38) | Homes in High or Very High Fire Hazard Severity Zones | Provide documentation of compliance, or sign an agreement for the buyer to get it | Civil Code 1102.19 |
| Earthquake safety guide | One to four units of conventional light-frame construction built before January 1, 1960 | Deliver the Homeowner’s Guide to Earthquake Safety and disclose known weaknesses | Government Code 8897.1 |
| Lead-based paint | Most housing built before 1978 | EPA pamphlet, known information and records, Lead Warning Statement, 10-day inspection opportunity | Federal rule (EPA) |
| Transfer Disclosure Statement and hazards | Most home resales | Deliver the TDS and Natural Hazard Disclosure Statement | Civil Code 1102 and following; 1103 and following |
Many of these statements travel together in the disclosure package. Our California seller disclosures guide explains the full package and the order it’s usually delivered in.
Smoke alarms and carbon monoxide devices
Smoke alarms
Health and Safety Code 13113.8 requires every single-family dwelling and factory-built home sold on or after January 1, 1986 to have an operable smoke alarm, approved and listed by the State Fire Marshal and installed under its regulations. For this section, single-family includes a one- or two-unit dwelling but not a mobilehome or manufactured home.
The seller delivers a written statement of compliance as soon as practicable before title transfers. It can be part of the purchase contract, an addendum or a separate document. The statute exempts several transfers, including court-ordered sales such as probate, fiduciary transfers in a trust or estate, foreclosures and transfers between co-owners or to a spouse or lineal relative, though local fire codes may still apply. A sale isn’t invalidated for noncompliance; the statutory remedy is actual damages of up to $100.
Carbon monoxide devices
Under Health and Safety Code 17926, the owner of an existing dwelling unit with a fossil-fuel-burning heater or appliance, a fireplace or an attached garage must install a carbon monoxide device listed by the State Fire Marshal. The deadline was July 1, 2011 for single-family homes and January 1, 2013 for other existing dwelling units, so any home on the market today should already comply.
The number and placement follow current building standards for that occupancy, or the manufacturer’s instructions where that is technically feasible. As with smoke alarms, a noncompliant sale isn’t invalidated, but sellers typically confirm compliance in writing alongside the smoke alarm statement.
Water heater bracing
Health and Safety Code 19211 requires all new, replacement and existing residential water heaters to be braced, anchored or strapped to resist falling or moving in an earthquake, at minimum under the California Plumbing Code. It covers standard units of up to 120 gallons for which a pre-engineered strapping kit is readily available.
The seller of real property containing a water heater must certify to the buyer in writing that the heater complies. The statute allows that certification in existing documents, such as the purchase contract, the Transfer Disclosure Statement or the earthquake safety guide. Strapping is usually a modest fix, and a buyer’s inspector will check it, so look before you list.
If you need to replace an alarm or add a strap kit before you list, our home safety essentials checklist covers what to check before you buy. If an existing water heater installation looks wrong, call a plumber.
Water-conserving plumbing fixtures
The fixture rules in Civil Code 1101.1 to 1101.9 apply to residential and commercial property built and available for use on or before January 1, 1994. A fixture is noncompliant if it uses more than these amounts:
- Toilets: 1.6 gallons per flush.
- Urinals: one gallon per flush.
- Showerheads: 2.5 gallons per minute.
- Interior faucets: 2.2 gallons per minute.
For single-family property, Civil Code 1101.4 required owners to replace noncompliant fixtures by January 1, 2017, and it requires the seller to disclose in writing both the requirement and whether the property has noncompliant fixtures. Separately, building permits for alterations or improvements on a single-family home are conditioned on replacing noncompliant fixtures. Other property types follow other sections of the same article. San Francisco goes further with its own inspection and stricter flow rates, covered below.
Fire zones, natural hazards, earthquakes and lead
Defensible space documentation (AB 38)
Since July 1, 2021, Civil Code 1102.19 has required the seller of a home in a High or Very High Fire Hazard Severity Zone to give the buyer documentation of compliance with Public Resources Code 4291 or a local vegetation ordinance. Where there’s no local ordinance but an inspection program covers the area, the documentation must come from an inspection in the six months before the seller enters the transaction.
If the seller doesn’t have it, buyer and seller sign a written agreement for the buyer to obtain it, within one year of closing where no local ordinance sets a different timeline. The agency that inspects varies by location; our AB 38 inspection guide lists who to call in the North Bay and describes the separate wildfire notice owed for older homes in those zones.
Natural Hazard Disclosure
The Natural Hazard Disclosure Statement tells the buyer whether the property is in a mapped flood, dam inundation, fire, fault or seismic hazard zone. Most sellers order a third-party report; our natural hazard disclosure guide explains each zone and how to check the maps.
Earthquake safety guide
Government Code 8897.1 applies to homes of one to four units of conventional light-frame construction built before January 1, 1960. The seller delivers the Homeowner’s Guide to Earthquake Safety, completes the earthquake hazards disclosure and states whether the seller has actual knowledge of any of the weaknesses the statute lists. The same court-ordered, fiduciary and family-transfer exemptions found in the smoke alarm statute apply.
Lead-based paint
For most housing built before 1978, the federal rule requires the seller to give the EPA pamphlet Protect Your Family From Lead in Your Home, disclose any known lead-based paint or hazards, provide available records and include a Lead Warning Statement in the contract. Buyers get a 10-day opportunity to inspect, which the parties can lengthen, shorten or waive in writing. Foreclosure sales and zero-bedroom units are among the exemptions. See our lead-based paint disclosure guide.
Local point-of-sale rules in Diamond’s markets
Local rules come from three kinds of agency: the city or town, the sewer or sanitary district, and the fire agency. The table summarizes what our county pages have verified; each linked page has the fees, timelines and exemptions.
| Area | Local sale-time items | Details |
|---|---|---|
| Marin County | Town building-records or resale reports (Sausalito, Belvedere, Tiburon, Mill Valley, Corte Madera, Ross, San Rafael); sewer lateral inspections or certificates in several towns and sanitary districts; local fire resale inspections in Larkspur, Corte Madera, Ross and Fairfax | Marin selling requirements |
| San Francisco | 3R report from the Department of Building Inspection; water conservation inspection at every sale, plus energy inspection if the building has never passed one; storm flood risk zone disclosure | San Francisco selling requirements |
| Oakland, Alameda, Albany, Emeryville, Piedmont, El Cerrito and Kensington | EBMUD regional private sewer lateral Compliance Certificate before escrow closes, or a Time Extension Certificate allowing 180 days after the sale with a $4,500 refundable deposit | East Bay sewer lateral certificate |
| Berkeley | The city’s own sewer lateral program, and Building Emissions Saving Ordinance (BESO) requirements that took effect in 2026 for single-family homes and duplexes, including an assessment before listing | Berkeley sale-readiness records |
| San Mateo County | Sewer lateral tests or certificates at sale in some cities, set by each city or sewer agency | San Mateo County sewer lateral requirements |
| Unincorporated Marin | A short-term rental license ends when the property changes hands, apart from limited family transfers | Marin selling requirements |
For Sonoma, Napa, Sacramento and the other counties we serve, our pages don’t document a county-wide point-of-sale inspection, but individual cities, sewer agencies and fire districts can still have one. Ask the building department, the sewer agency and the fire agency for the address before you list. City transfer taxes are a separate cost; our California transfer tax guide lists them.
The order to do things in
- Walk the house with the statewide list: test smoke and carbon monoxide alarms, check water heater straps and look at toilet, shower and faucet ratings.
- Identify the local agencies: city or unincorporated county, sewer agency and fire agency, then order any sale-time report or inspection that takes two weeks or more.
- Check the fire zone: if the home is in a High or Very High zone, book the defensible space inspection so it falls inside the six-month window.
- Fix the cheap items: alarms, straps and fixtures cost far less to correct before listing than to negotiate as a credit.
- Order reports buyers will ask for: a pre-listing inspection, the hazard report and any sewer lateral video.
- Assemble the disclosure package so buyers can review everything before they write offers.
Our 20-step home preparation checklist covers the cosmetic side of getting ready. Our concierge service can coordinate contractors for fixes before listing. Diamond may refer you to partners we work with; you’re free to choose any provider.
This is general information, not legal advice. Point-of-sale duties depend on the property type, the transfer and the local code, so for a trust, probate or unusual property, ask a California real estate attorney which statements you owe.
Questions people ask
What are the water heater strapping requirements in California?
Every residential water heater must be braced, anchored or strapped to resist falling or moving in an earthquake, at least to the California Plumbing Code standard. The seller must certify compliance to the buyer in writing.
Do I need carbon monoxide detectors to sell my house in California?
Yes, if the home has a fossil-fuel-burning heater or appliance, a fireplace or an attached garage. Single-family homes had to comply by July 1, 2011, so the devices should already be in place.
Do I have to replace old toilets before selling?
State law required owners of single-family homes built on or before January 1, 1994 to replace noncompliant fixtures by January 1, 2017, and the seller must disclose whether any remain. San Francisco requires an inspection and has stricter flow rates.
Are probate and trust sales exempt from these requirements?
Some statements are. The smoke alarm and earthquake guide statutes exempt court-ordered transfers and fiduciary transfers in estate or trust administration, but local ordinances and other rules may still apply. Check each one against the specific transfer before you skip it.
Who pays for point-of-sale inspections and repairs?
The seller usually orders the items the law puts on the seller, but who pays for repairs is negotiable and some local programs let the buyer take over the work after closing. The purchase contract records the agreement.
What happens if a seller doesn’t comply with the smoke alarm or carbon monoxide rules?
The sale isn’t invalidated, and the statutory remedy is actual damages of up to $100. A buyer’s inspector will usually flag the problem, so it tends to come back as a repair request.
Does every California city require a resale inspection?
No. Many have none, while others, such as San Francisco and several Marin towns, require a records report or inspection. Ask the building department, sewer agency and fire agency for the address.
If you’re preparing to sell, we can line up the statewide items and the local reports for your address and build them into the listing timeline. Start with our seller services.
Sources & notes
- California Public Law: Health and Safety Code section 13113.8 (smoke alarms at sale)
- California Public Law: Health and Safety Code section 17926 (carbon monoxide devices)
- California Public Law: Health and Safety Code section 19211 (water heater bracing)
- California Public Law: Civil Code section 1101.2 (applicability)
- California Public Law: Civil Code section 1101.3 (noncompliant fixture definitions)
- California Public Law: Civil Code section 1101.4 (single-family fixtures and disclosure)
- California Public Law: Civil Code section 1102.19 (defensible space documentation)
- California Public Law: Government Code section 8897.1 (earthquake safety guide)
- U.S. EPA: Real estate disclosures about potential lead hazards
Last reviewed October 2026 by Matthew Martinez.
