WATER-CONSERVING PLUMBING FIXTURES NOW REQUIRED IN CALIFORNIA
Did you know that on January 1, 2017, California law now requires property owners (for properties built before 1994) to install water-conserving plumbing fixtures by 2017 for single-family properties and by 2019 for other properties? Additionally, if a property is altered or improved after 2014, then water-conserving plumbing fixtures must be installed as a condition of final permit approval. (Cal. Civ. Code section 1101.4)
In 2012, the Transfer Disclosure Statement was expanded to include a check box for water-conserving plumbing fixtures. As explained in the TDS itself, the check box does not create a point of sale requirement. (Cal. Civ. Code section 1102.6.)
Beginning in 2017 a seller of a single-family property will also be required to disclose whether the property is in compliance with the law. This same disclosure requirement will apply to other types of properties beginning in 2019. Even then, the law creates no point of sale requirement. (Cal. Civ. Code section 1101.4 and 1101.5.)
However, lenders could decide to make water-conserving plumbing fixtures an underwriting requirement, to be addressed via the appraisal, similar to the carbon monoxide detector requirement. The bottom line: if you are considering selling your house in 2017 or doing any bathroom remodeling, you will definitely want to consider installing water-conserving plumbing fixtures. There are some links below that can help, as well as some FAQ’s/additional information.
HERE ARE SOME HELPFUL LINKS FOR PUBLIC PROGRAMS TO ASSIST WITH THE COST OF INSTALLING WATER-CONSERVING PLUMBING FIXTURES:
Marin Municipal Water District
FAQ’S
Source: CAR.org
Q 1. What is the purpose of the water conserving plumbing fixtures law (“WCP fixtures law”)?
The legislature thinks that water conservation is a cost effective approach to the challenges created by not having enough water. Those challenges include future economic health; environmental health; growing urban areas; water reliability; waste water treatment; energy and other resource costs; and protecting and restoring aquatic resources. All of these issues were cited as reasons behind this effort to promote water conservation.
Q 2. Does the water conservation law create any point of sale requirements?
No. There is nothing in the law that requires the installation of water-conserving fixtures as a condition of sale.
Q 3. What is the significance of it NOT creating a point of sale requirement?
Because the WCP fixtures law does not create a point-of-sale requirement, there is no obligation on either agents or brokers to ensure that sellers or buyers install WCP fixtures. However, as in all transactions, agents should impress upon the seller the necessity of carefully and accurately completing the appropriate disclosure forms.
Q 4. If there are no point of sale requirements, then what is required?
The law will require owners of real property to install water-conserving fixtures simply because they own the property regardless of whether they are selling it. The requirement for installation is not immediate, but will take effect in later years depending on the type of property or whether improvements are made. For single family properties built before 1994, the installation requirement takes effect on January 1, 2017. For multi-unit residential property and any commercial property, these requirements will apply starting January 1, 2019. See questions 25 and 26 below.
Published on 2017-05-10 12:55:05
