It’s challenging to keep up with the latest state and local policies that may apply to your property as an occupied homeowner. However, Civil Code 1101.3 is among the most recent laws to be aware of.
All real estate investors should keep up to date on local rules and code regulations. Investors can make smarter purchase decisions and identify better properties that already comply with local rules and laws if they have a good understanding of these policies.
It’s even more vital to look at all aspects of this regulation if you’re going to buy or sell the property soon. So here’s a summary of this code to see how it might impact your real estate transaction.
What Is Civil Code 1101.3?
If you haven’t already done so, you must comply with California’s Civil Code Section 1101.3, which demands that you replace your plumbing fixtures with water-saving ones. This law was enacted in 2009 to aid in saving water in the face of California’s continuous drought and water shortage.
The following types of plumbing fittings are ruled non-compliant under the written law of California toilet requirements:
- Toilets that use more than 1.6 gallons of water per flush
- Urinals that flush with more than a gallon of water
- Showerheads having a flow velocity of more than 2.5 gallons per minute
- Indoor faucets with a flow rate of more than 2.2 gallons per minute
Formerly, this Civil Code 1101.3 only applied to single-family homes, but it also covers multi-family structures.
It’s critical to know if a plumbing fixture is non-compliant before purchasing it, especially if you plan to manage a rental property. You’ll have to make sure all of the above requirements are followed, which can be costly to handle after a purchase.
How Do You Know if Your Fixtures Are Compliant?
Because California construction codes have mandated low-flush toilets since 1992, this California toilet law applies only to households and commercial properties constructed on or before January 1, 1994. If your house is between those ages, you should hire a plumber to evaluate your fixtures or calculate how much water they use yourself.
A flow measurement bag for showerheads and faucets helps to calculate how much water they consume per minute. It’s a little more challenging to figure out how much water your toilet uses. Depending on the brand and model of your toilet, a sign on the seat hinge may indicate how many gallons or liters it needs per flush. If you don’t have that, you can calculate this number in just a few easy steps.
- Turn off the water supply stop valve first. Then take off the toilet tank lid, use a pen to mark the present water level, and flush your toilet. Next, pour a big measuring cup halfway with water and fill the reservoir to the line you drew.
- Keep records of how many gallons of water it takes to fill up the tank and make a note of it. Then, multiply that number by 0.5 to get the total number of gallons your toilet needs per flush. You’ll have to replace your toilet if it’s more than 1.6 gallons.
- After checking your fixtures, if you find that they aren’t up to California Civil Code 1101.3, you should make the required changes as quickly as possible. Homeowners were required to replace old fixtures by 2017, and commercial landowners were forced to replace them by 2019. Therefore, if you haven’t done it yet, you’re a little late to this Civil Code 1101.3.
Restoring Plumbing Fixtures That Aren’t Compliant
Even though it’s the seller’s responsibility to report any non-compliant concerns during the selling process, there are a few flaws that can avoid this. If you buy an investment property with non-compliant plumbing, you’ll almost certainly have to replace all non-compliant units.
Because the rules in Civil Code 1101.3 are based on water capacity, replacing the units is the simplest approach to make repairs. If you have strong DIY skills, you can save money by buying base models and assembling them yourself.
Energy-saving units are much more likely to be compliant than high-capacity units and, therefore, can help you save money on your energy bills. Low-flow taps and toilets are also more appealing to renters; therefore, they should be considered when replacing units.
While your toilet and showerhead aren’t expensive, if you have many bathrooms, the cost of upgrading them can add up quickly. For example, you should expect to pay between $221 and $427 to repair one toilet. In addition, you’ll spend roughly $99 to $199 if you install a new toilet yourself rather than hiring a professional.
The cost of installing a new faucet is around the same. The average price of replacing an inside faucet is $250. Even if you need professional assistance, replacing a showerhead is less expensive. The average cost of a showerhead replacement, including installation, is roughly $90 to $140.
When it comes to pricing, let’s compare these average costs of repairs to get a sense of how much you’ll have to spend:
- The average price of a toilet replacement – $370
- The average cost of a faucet replacement – $245
- The average cost of a showerhead replacement – $135
Of course, the installation cost is per unit and varies based on the type of fixture being placed.
If you can’t afford new water-saving plumbing fixtures on your own, your county or city may be able to assist you. On request, the city of Santa Rosa provides free showerheads and tap aerators. If you have a property in Napa County, you may be qualified for a toilet replacement program. For example, on
What Impact Does Civil Code 1101.3 Have on Sellers?
If you’re selling an old house in California, you should be aware of the implications of Civil Code Section 1101.3.
Even though you’re theoretically breaking the law, if your fittings aren’t up to Civil Code 1101.3, older plumbing fixtures won’t prevent you from selling your house. Since there is no requirement for a point of sale, you can still market your property even if you haven’t replaced your toilets or taps yet.
Remember that you’ll need to declare non-compliant fixtures on the Transfer Disclosure Statement to the purchaser. Even if it’s not a POS requirement, discovering that your plumbing fixtures are ineffective may turn off potential buyers, so it’s worth upgrading them.
It’s also worth noting that some places, such as Los Angeles and San Diego, will demand you to install water-saving fixtures before selling your house. In addition, your city or county may have its own water use regulations for plumbing fixtures, which may be more rigorous than state law. As a result, even if your plumbing fixtures comply with state laws, they may not comply with local regulations.
Civil Code 1101.3 does not supersede any of the local laws, so verify with your county and city to be sure you’re following their rules as well.
What Impact Does the Law Have On Buyers?
When looking for a home in California, prospective buyers should keep this law in consideration. If you buy a house with non-compliant fixtures that the seller refuses to change, you’ll be responsible for the price of replacement.
If you’re on a budget, you might want to skip homes with older fixtures because replacing all showerheads and taps in a home can be costly. It’s also worth remembering that inefficient plumbing fixtures might raise your water cost.
Exceptions of the Civil Code 1101.3
It’s also worth noting that there are a few exceptions to this California low flow toilet law. For example, you won’t have to replace any fittings if your home is a certified historic property. You may also be spared if a plumber has judged that installing water-saving faucets or showerheads would be too difficult due to the age or arrangement of your plumbing.
The regulation also doesn’t apply to structures that have had their water shut off or are about to be demolished.
Remember that it’s critical to work with a certified real estate agent familiar with state and local regulations whether you’re buying or selling a home in California. They’ll be able to tell you more about the impact of Civil Code Section 1101.3 on your real estate transaction.
Conclusion
The simplest method to avoid spending money on renovations to comply with Civil Code 1101.3 is to avoid buying homes that aren’t up to code in the first place. As mentioned above, the best approach to learn about local code standards is to work with a qualified real estate agent.
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