Construction & Contracts · October 22, 2026

California's Right to Repair Act (SB 800): The Claim Process, Builder Deadlines and Time Limits for New-Home Defects

Water stains appear under a window in a house that is four years old. A slab crack widens. The stucco is failing on a townhome you bought from the original owner. If the home is newer construction in California, the claim likely runs through the Right to Repair Act, Civil Code Sections 895 through 945.5, passed in 2002 as SB 800. It applies to new tract homes, condominiums and townhomes across California, including newer developments throughout Los Angeles County and Southern California.

The Act sets performance standards for new homes, a mandatory pre-lawsuit procedure, and tight deadlines on the builder. Homeowners who know the steps can hold the builder to its deadlines. Homeowners who do not can find their lawsuit paused, or can lose a claim by repairing the defect before giving notice. This article walks through the process step by step, with the section number for each deadline.

Key takeaways

California's Right to Repair Act applies to new residential units where the purchase agreement was signed by the seller on or after January 1, 2003 (Civil Code Section 938), and it binds original purchasers and their successors-in-interest (Section 945).
Before suing a California builder for a violation of the Act's standards, the homeowner must give written notice of the claim under Civil Code Section 910; a homeowner who skips that step can have the lawsuit stayed under Section 930(b), as the California Supreme Court confirmed in McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241.
Under the Act, a California builder must acknowledge a claim in writing within 14 days after receiving it (Civil Code Section 913), complete its initial inspection within 14 days after acknowledging it (Section 916), and make any written offer to repair within 30 days after the initial inspection, or the second inspection if one was requested (Section 917).
California's Right to Repair Act time periods "are to be strictly construed" (Civil Code Section 930(a)); if the builder misses one, the homeowner is generally released from the pre-lawsuit process and may sue, though the Act's standards still apply to the case.
Under Civil Code Section 941(a), no action may be brought under California's Right to Repair Act more than 10 years after substantial completion of the improvement, and several standards in Section 896 carry shorter limits, such as one year from close of escrow for irrigation and drainage.

Which California homes and later buyers does SB 800 cover?

It covers new residential units in California where the seller signed the purchase agreement on or after January 1, 2003, under Civil Code Section 938, and it applies to "original construction intended to be sold as an individual dwelling unit" under Section 896. It binds later buyers as successors-in-interest under Section 945.

Who is covered, and who is the "builder"

Homes. Single-family homes and units in attached developments, including condominiums and townhomes, built for sale. Section 896 states that for condominium conversions, the title does not apply to or supersede other statutory or common law.
Homeowners. Under Section 895(f), "claimant" includes individual owners of single-family homes, owners of attached units, and associations in a common interest development. Section 945 makes the Act binding on "all original purchasers and their successors-in-interest," so a second or third owner is generally covered within the time limits.
Builders. Section 911(a) defines a builder as an entity or individual, such as a developer, general contractor or original seller, that at the time of sale was in the business of selling residential units to the public, or of building, developing or constructing residential units for public purchase, for the property that is the subject of the claim. Under Section 911(b), a contractor whose only role was as a contractor and who is not affiliated with the builder is not a builder.

The Act's text focuses on original construction sold to the public. A homeowner's own remodel or addition, built by a contractor for that homeowner, generally falls outside that description, and those disputes are usually handled as contract disputes or ordinary construction claims.

The standards

Section 896 lists functional standards, grouped into water issues (roofs, windows, doors, decks, foundations, stucco, plumbing and more), structural issues, soils, fire protection, plumbing and sewer, electrical, and a list of other areas such as hardscape, paint and landscaping. Under Section 897, items not addressed by the standards are actionable "if it causes damage." Under Section 942, the homeowner need only show that the home "does not meet the applicable standard"; no further showing of causation or damages is required, so long as the violation arises out of or relates to the original construction, and subject to the defenses in Section 945.5.

Is the Act the only remedy?

For claims it covers, largely yes. Under Section 943(a), "no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed," except actions to enforce a contract or express contractual provision and actions for fraud, personal injury or violation of a statute. In McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241, the California Supreme Court held that the Act's standards and pre-lawsuit procedures apply to construction-defect claims for property damage, not just economic loss, even when the homeowner pleads common law claims such as negligence or strict liability instead of a claim under the Act. That decision disapproved Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98 to the extent it held otherwise.

A 2026 bill that would have rewritten parts of the Act, AB 1903, passed the Senate but died without a final Assembly vote when the session ended, so the procedure described here is current law as of this writing.

What deadlines does a California builder have to meet under SB 800?

The California homeowner starts with written notice under Civil Code Section 910. The builder then has 14 days to acknowledge (Section 913), 14 days after acknowledging to inspect (Section 916), and 30 days after the inspection to offer a repair (Section 917). The homeowner has 30 days from receiving an offer to authorize it or ask for other contractors (Section 918).

Step-by-step timeline

#	Step	Section	Deadline	Runs from
1	Homeowner's written notice of claim, by certified mail, overnight mail or personal delivery	910	Before filing suit	Not applicable
2	Builder's written acknowledgment	913	14 days	Builder's receipt of the notice
3	Builder's initial inspection and testing	916(a)	14 days	Builder's acknowledgment
4	Builder's written reasons for a second inspection	916(c)	3 days	Initial inspection
5	Second inspection completed	916(c)	40 days	Initial inspection or testing
6	Builder's written offer to repair, with an offer to mediate	917, 919	30 days	Initial inspection or testing, or the second inspection if requested
7	Homeowner authorizes the repair, or requests up to three alternative contractors	918	30 days	Homeowner's receipt of the offer
8	Mediation, if the homeowner elects it	919	Mediation held within 15 days; limited to four hours unless agreed otherwise	Receipt of the request to mediate
9	Repair begins	921(a)	14 days after acceptance, or other periods for alternative contractors, mediation or permits	As stated in Section 921(a)
10	Repair completed	917, 921(b)	The offer's reasonable completion date; every effort to finish within 120 days	Section 921(b) does not state a start point

The statutes speak of "days" without saying business days, so assume calendar days; under Civil Code Section 10, the first day is excluded and the last included, unless the last day is a holiday.

The notice

Section 910 requires a written notice with the homeowner's name, address and preferred contact method, a statement that the homeowner alleges a violation, and a description of the claim "in reasonable detail sufficient to determine the nature and location, to the extent known." Using the builder's normal customer service procedure does not satisfy the notice requirement (Section 910(b)). Under Section 910(a), the notice has the "same force and effect as a notice of commencement of a legal proceeding," and Section 927 extends the limitations period while the process runs.

Two cautions:

Give notice before repairing. In KB Home Greater Los Angeles, Inc. v. Superior Court (2014) 223 Cal.App.4th 1471, the homeowner's insurer completed repairs after a water leak and only then notified the builder; the court held that "the failure to give timely notice to KB Home is fatal" to the insurer's claim under the Act. In an emergency, mitigate damage, document everything, and send written notice immediately.
Documents come after notice. Section 912 requires the builder to provide plans, soils reports and maintenance information within 30 days of a written request, but in Darling v. Superior Court (2012) 211 Cal.App.4th 69, the court held the builder had no obligation to respond to that request until the Section 910 notice was served. Send the notice first, or together with the request.

The builder's offer

Under Section 917, the builder "may" offer to repair; it is not required to. A repair offer must compensate the homeowner for all applicable damages under Section 944, describe the work in detail with a reasonable completion date, identify the contractors, and advise the homeowner of the right to request up to three alternative contractors, who under Section 918 may not be owned or financially controlled by the builder.

Under Section 926, the builder "may not obtain a release or waiver of any kind in exchange for the repair work mandated by this chapter." Under Section 929, the builder may instead make a cash offer, and for a cash payment it "may obtain a reasonable release." Read any cash settlement carefully: in Belasco v. Wells (2015) 234 Cal.App.4th 409, a homeowner who accepted $25,000 with a release was barred from later suing over a roof defect discovered afterward.

What happens if a California builder misses an SB 800 deadline?

The California homeowner is generally released from the pre-lawsuit process and may file suit. Civil Code Section 930(a) states that the chapter's time periods "are to be strictly construed," and Sections 915, 916(d), 920 and 925 release the homeowner when the builder fails to acknowledge, inspect, offer a repair or complete it on time. The Act's standards still apply.

Strict construction in practice

In Blanchette v. Superior Court (2017) 8 Cal.App.5th 521, a homeowner in a 28-home development served a notice covering all 28 homes that the Court of Appeal agreed was facially insufficient, because it largely repeated the language of Section 896. The builder raised that objection in a letter dated 21 days after the notice was served. The court held that the notice still triggered the 14-day acknowledgment deadline, and that the builder's late response released the homeowner from the process: "We are obligated to strictly enforce section 913's time limits." A builder that wants to challenge the notice must do so within the 14 days.

Release points

No acknowledgment, no inspection request, or the builder elects not to proceed: released (Section 915).
Inspection not completed on time: released (Section 916(d)).
No repair offer, or failure to "otherwise strictly comply" on time: released (Section 920).
Repair not completed by the date in the repair plan: released (Section 925).
After a completed repair: the homeowner may sue for the original violation, an inadequate repair, or both (Section 926), but if there was no earlier mediation, must first request mediation in writing (Section 928).

Extensions require "a postclaim written confirmation" that the homeowner "knowingly and voluntarily extended the statutory timeframe" (Section 930(a)). A builder's request for more time is not an extension unless you agree in writing.

If the homeowner skips a step

The consequence runs the other way too. If the homeowner sues without following the procedure, Section 930(b) lets the builder move to stay the case "until the requirements of this chapter have been satisfied." That is what happened in McMillin. A stay is usually a delay, not the end of the case.

Builders' own procedures

Under Section 914, a builder may substitute its own "nonadversarial contractual provisions" for the statutory process if it elects to do so in the sales agreement when it is signed. In The McCaffrey Group, Inc. v. Superior Court (2014) 224 Cal.App.4th 1330, the court enforced such a procedure even though it did not track the statute's deadlines. Check the purchase agreement and the recorded documents for an elected procedure and for arbitration clauses before sending notice.

Claims against subcontractors and suppliers

Under Section 936, general contractors, subcontractors, material suppliers, individual product manufacturers and design professionals are liable only to the extent they caused a violation through negligence or breach of contract, although that negligence standard does not apply to claims for which strict liability would apply. In Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129, the court reversed a judgment against a pipe supplier for lack of that proof.

How long do I have to bring a Right to Repair Act claim in California?

Under Civil Code Section 941(a), generally no Right to Repair Act action may be brought in California more than 10 years after substantial completion of the improvement. Several Section 896 standards have shorter limits measured from close of escrow, and the Act tolls time while the pre-lawsuit process runs (Section 927).

The 10-year outside limit

Section 941(a) provides that no action may be brought "more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion." The period runs from substantial completion of the home, not from the homeowner's close of escrow, which can be months later. A recorded notice of completion also matters for contractors' lien deadlines, discussed in our article on mechanics lien deadlines on stalled projects. Under Section 941(d), the general construction statutes in Code of Civil Procedure Sections 337.1 and 337.15 do not apply to actions under the Act.

Shorter limits for specific standards

Standard (Civil Code Sec. 896)	Limit	Runs from
Irrigation and drainage, (g)(7)	1 year	Close of escrow
Noise transmission between units, (g)(6)	1 year	Original occupancy of the adjacent unit
Untreated wood posts, (g)(8); landscaping, (g)(12); dryer ducts, (g)(14)	2 years	Close of escrow
Plumbing and sewer, (e); electrical, (f); hardscape and driveways, (g)(1); untreated steel fences, (g)(9)	4 years	Close of escrow
Paint and stains, (g)(10)	5 years	Close of escrow
Water, structural, soils and fire protection standards, (a) through (d), and other standards without a stated limit	Section 941 outside limit	Substantial completion

For a later buyer, count the close-of-escrow periods from the original sale's close of escrow to be safe.

Separately, Section 900 requires the builder to provide at least a one-year express written warranty covering fit and finish items such as cabinets, countertops, flooring and paint finishes.

Tolling during the process

Under Section 927, if the limitations period would otherwise expire during the process, it is extended from the time of the original claim "to 100 days after the repair is completed." If the builder fails to acknowledge, elects not to proceed, or fails to request an inspection, the period runs to 45 days after the time for responding to the notice expired. Do not rely on tolling as a plan: count the 10-year period from the earliest date the home could be considered substantially complete, which is no later than the recording date of any valid notice of completion, and count the shorter periods from the close of escrow. Our guide to California real estate statutes of limitations covers related deadlines.

Damages and defenses

Recoverable damages are limited to those listed in Section 944, including the reasonable cost of repair, damage caused by the repair efforts, reasonable relocation and storage costs, and "reasonable investigative costs for each established violation." For a detached single-family home, Section 943(b) limits repair-cost recovery to the lesser of the repair cost or the loss in the home's current value caused by the nonconformity, subject to the common law personal use exception. Under Section 945.5, the builder may raise defenses including acts of nature beyond code design criteria, the homeowner's unreasonable failure to minimize damage or allow access, failure to follow the builder's or manufacturer's recommendations or commonly accepted homeowner maintenance obligations, and alterations, wear and tear, misuse or neglect.

Homeowners associations

A common interest development association has standing under Sections 895(f) and 945. An association in a development of 20 or more units must also complete a separate pre-lawsuit procedure, the Calderon process in Civil Code Section 6000, before suing the builder. Separately, under Section 6150, any association's board must generally notify members at least 30 days before filing suit against the developer. Associations should address these procedures at the outset; our construction defect claims page describes the Calderon process.

Common questions

What if I repaired a new-home defect in California before notifying the builder?

Repairing first can cost you the claim. In KB Home Greater Los Angeles, Inc. v. Superior Court (2014) 223 Cal.App.4th 1471, a homeowner's insurer repaired a water leak and only then notified the builder, and the court held that the failure to give timely notice was fatal to the insurer's claim under the Right to Repair Act. In an emergency, limit the damage, document it, and send written notice under Civil Code Section 910 right away.

How long does a California builder have to respond to an SB 800 claim?

The builder must acknowledge the claim in writing within 14 days after receiving it under Civil Code Section 913, complete its initial inspection within 14 days after acknowledging it under Section 916, and make any written offer to repair within 30 days after the initial inspection, or the second inspection if one was requested, under Section 917.

What happens if my builder misses an SB 800 deadline in California?

Civil Code Section 930(a) states that the chapter's time periods are to be strictly construed. If the builder fails to acknowledge, inspect, offer a repair or complete it on time, Sections 915, 916, 920 and 925 generally release the homeowner from the pre-lawsuit process and allow a lawsuit. The Act's standards still apply in that lawsuit.

Does California's Right to Repair Act protect someone who bought the home from the first owner?

Yes, generally. Civil Code Section 945 makes the Act binding on original purchasers and their successors-in-interest. A later buyer must still follow the notice procedure and bring the claim within the time limits, which run from substantial completion or close of escrow depending on the standard; the later buyer's purchase does not restart the 10-year period in Section 941(a). A later buyer may also have separate claims against a prior owner who knew of a defect and did not disclose it.

What is the statute of limitations for SB 800 claims in California?

Under Civil Code Section 941(a), no action may be brought under the Act more than 10 years after substantial completion of the improvement. Several standards in Section 896 have shorter limits, such as one year from close of escrow for irrigation and drainage and four years from close of escrow for plumbing, sewer and electrical systems.

This article is general information about California law as of October 22, 2026 and is not legal advice. It does not create an attorney-client relationship. Anyone facing a specific dispute should consult a lawyer about their own circumstances.

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