California's Plumbing Fixture Rule When You Sell a Home (Civil Code 1101.1–1101.9)
Table of Contents
Short answer: in San José and across California, a house built and available for use on or before January 1, 1994 had to have every noncompliant toilet, showerhead and interior faucet replaced with water-conserving ones by January 1, 2017 (Civil Code 1101.4). At sale, the seller must disclose that rule in writing.
The seller must also say whether any noncompliant fixtures remain. Permitted remodel work in a covered home also requires replacing them before the building department signs off. The law is Article 1.4 of the Civil Code, sections 1101.1 to 1101.9, passed as SB 407 in 2009. Many San José and South Bay homes predate 1994, so it comes up in listings, inspections and remodel permits here all the time. Here’s what the statute says, what counts as noncompliant, and what a replacement has to meet today.
What Counts as a Noncompliant Plumbing Fixture?
Civil Code 1101.3(c) defines four kinds. A fixture at or below the figure isn’t noncompliant and doesn’t have to be replaced. When you do replace one, the new fixture has to be water-conserving, which the statute defines as meeting the current building standards for a new building of the same type (1101.3(e)). Those standards are much stricter than the noncompliant cutoffs.
| Fixture | Noncompliant under Civil Code 1101.3(c) | Current standard for a new home (CALGreen 2025, 4.303.1) |
|---|---|---|
| Toilet | Manufactured to use more than 1.6 gallons per flush | 1.28 gallons per flush; tank toilets WaterSense certified |
| Urinal | Manufactured to use more than 1 gallon per flush | 0.125 gallons per flush wall-mounted, 0.5 for others |
| Showerhead | Flow capacity over 2.5 gallons per minute | 1.8 gallons per minute at 80 psi; WaterSense certified |
| Interior faucet | Emits more than 2.2 gallons per minute | Bathroom: 1.2 gallons per minute at 60 psi. Kitchen: 1.8, with a temporary boost up to 2.2 |
Statute and code as read October 27, 2026. A hand-held shower counts as a showerhead under CALGreen, and two or more heads on one valve share the 1.8 gpm limit. Where a complying faucet isn’t available, the code allows an aerator to bring the flow down.
How Do I Tell If My Fixtures Are Noncompliant?
- Toilets are usually marked with their flush volume (gpf or Lpf) on the bowl behind the seat or inside the tank.
- Showerheads often have the gpm rating printed on the face or the neck.
- Faucets often have the flow rate on the aerator at the spout.
If the markings are gone or worn, a plumber can identify the fixture and tell you whether it needs to go.
Which Buildings Does the Rule Cover?
The article applies to residential and commercial real property built and available for use on or before January 1, 1994 (1101.2). The statute sorts buildings into three types, with different dates:
| Property type (Civil Code 1101.3) | Replace noncompliant fixtures by | Permitted work that triggers replacement | Disclosure at sale |
|---|---|---|---|
| Single-family: a building with not more than one unit | January 1, 2017 (1101.4(b)) | Any building alteration or improvement: all noncompliant fixtures, before final approval (1101.4(a)) | Required (1101.4(c), 1102.155) |
| Multifamily: more than one unit, including mixed residential-commercial | January 1, 2019 (1101.5(a)) | Since January 1, 2014: additions over 10% of floor area (whole building); alterations over $150,000 (the area served); any permitted work in a room (that room) (1101.5(d)) | Required since January 1, 2019 (1101.5(e)) |
| Commercial, including hotels and motels | January 1, 2019 (1101.5(a)) | Same as multifamily (1101.5(d)) | Required since January 1, 2019 (1101.5(e)) |
For rentals, the owner or the owner’s agent may enter to install, repair, test and maintain the fixtures, with the notice Civil Code 1954 requires. Since January 1, 2019, the fixtures must be working at the manufacturer’s rated water use when a tenant moves in, and the owner has to fix one that isn’t once the tenant reports it (1101.5(b) and (c)).
What Happens When You Sell a House?
The seller of a single-family home covered by the rule must tell the buyer in writing:
- that Civil Code 1101.4 requires California single-family homes to have water-conserving plumbing fixtures, and
- whether the property has any noncompliant fixtures.
Civil Code 1102.155 adds that the seller affirms the statement is the seller’s own, not the agent’s, and that it isn’t a warranty or a substitute for the buyer’s own inspections. For multifamily and commercial property, 1101.5(e) requires the same kind of written disclosure, which may go in other transaction documents.
The statute asks for a disclosure at sale; it doesn’t make replacing fixtures a condition of closing. The replacement deadline already passed in 2017, though, so a house that still has noncompliant fixtures is out of step with the law, and replacing them before you list lets you disclose that there are none. This is general information, not legal advice; your agent or a real estate attorney can tell you how it affects your transaction.
Buying an Older Home in San Jose?
Look at the seller’s disclosure for the fixture statement, and check the toilets and showerheads yourself during the walk-through. The fixtures are the easy part: in a house this age, the sewer lateral and the supply pipes deserve a closer look. See sewer inspection before buying a house and what repiping involves.
When Does a Permit Trigger Fixture Replacement?
In a covered single-family home, any permitted building alteration or improvement requires the permit applicant to replace all noncompliant fixtures in the house, as a condition of the final inspection or certificate of occupancy (1101.4(a)). A small permit can therefore turn into a few extra fixtures. Each city’s building department decides how it checks compliance, and several South Bay cities publish their own handouts:
- Fremont requires the owner to sign and return a Certificate of Compliance before the permit is finaled, and its handout lists work that doesn’t trigger the rule, such as water heater, piping and sewer line replacement. See faucet and fixture work in Fremont.
- Santa Clara’s SB 407 handout also lists water heater, piping and sewer line replacement among jobs that don’t trigger it. See repiping in Santa Clara.
- Palo Alto asks for an SB 407 certificate before the final inspection. See heat pump installation in Palo Alto.
In San José, ask the City’s building division how it handles the fixture requirement for your permit; we couldn’t find a published San José handout. If you’re planning a remodel and a separate plumbing job, doing them under one permit means the fixtures are handled once.
Are There Exemptions?
Civil Code 1101.7 says the article doesn’t apply to:
- registered historical sites;
- property where a licensed plumber certifies that, because of the age or configuration of the property or its plumbing, water-conserving fixtures aren’t technically feasible;
- a building whose water service is permanently disconnected.
Two more provisions can matter. A demolition permit postpones the duty for one year; if the building is demolished in that year, the article never applies (1101.6). And a city or county that adopted its own fixture retrofit ordinance before July 1, 2009 is exempt as long as that ordinance stays in effect (1101.9). Cities and water suppliers may also adopt rules that go further than the state’s (1101.8).
Getting Fixtures Replaced
CPI Service replaces toilets, faucets and showerheads throughout San José and the South Bay, under CSLB License #1101278 (C-36 Plumbing). We can check the fixtures in the house against the statute before you list or before a remodel permit is finaled, and replace the ones that don’t comply. Every job is quoted as a fixed price before we start, typically based on $150–$250 per hour plus parts and drive time, and our work carries a 1-year labor warranty. Same-day service is available, and right now you can take $50 off any plumbing service.
See toilet repair and installation, faucet and fixture installation and shower repair, request a free estimate or call (408) 978-3093.
Sources
- California Civil Code, Article 1.4, Installation of Water Use Efficiency Improvements, §§ 1101.1–1101.9
- California Civil Code § 1102.155, seller’s disclosure of noncompliant plumbing fixtures
- SB 407 (Padilla, 2009), chaptered text and Legislative Counsel’s Digest
- 2025 California Green Building Standards Code, Chapter 4, Section 4.303.1 (California Building Standards Commission, via ICC)
Checked October 2026.
Frequently Asked Questions
Do I have to replace old toilets before I sell my house in California?
The law already required it: owners of single-family homes built and available for use on or before January 1, 1994 had to replace noncompliant fixtures by January 1, 2017 (Civil Code 1101.4(b)). At the sale, the statute requires a written disclosure of that requirement and of whether the house still has any noncompliant fixtures. It doesn't make replacement a condition of closing, but replacing them first means you can disclose none.
What is a noncompliant plumbing fixture?
Under Civil Code 1101.3(c): a toilet manufactured to use more than 1.6 gallons per flush, a urinal manufactured to use more than 1 gallon per flush, a showerhead with a flow capacity over 2.5 gallons per minute, or an interior faucet that emits more than 2.2 gallons per minute.
Does the rule apply to a house built after 1994?
No. Article 1.4 applies to residential and commercial property built and available for use on or before January 1, 1994 (Civil Code 1101.2).
Does a remodel permit mean I have to replace every old fixture?
For a single-family home covered by the rule, yes: for any building alteration or improvement, the permit applicant must replace all noncompliant fixtures before the building department gives final approval (Civil Code 1101.4(a)). Some cities list permit types that don't trigger it; Santa Clara's and Fremont's handouts list water heater, piping and sewer line replacement.
What flow rates do new fixtures have to meet today?
A replacement has to meet current building standards for new construction. Under the 2025 California Green Building Standards Code: toilets 1.28 gallons per flush, showerheads 1.8 gallons per minute at 80 psi, bathroom faucets 1.2 gallons per minute at 60 psi and kitchen faucets 1.8 gallons per minute.
Are there exemptions?
Yes. The article doesn't apply to registered historical sites, to property where a licensed plumber certifies that water-conserving fixtures aren't technically feasible, or to a building whose water service is permanently disconnected (Civil Code 1101.7). A demolition permit postpones the duty for a year (1101.6), and cities with a retrofit ordinance adopted before July 1, 2009 are exempt while it stays in effect (1101.9).
First I had a visit from Matt who said a couple parts had to be ordered for a phantom flushing toilet when no-one was near it. He took a long time explaining to me the problem and wondering why I never saved the guarantee (I bought the fixture in 2009). When he left, he said he would try to order parts. I was left guessing whether he would follow through or the faulty issue would continue forever. Lo and behold, the hero appeared in the form of Isaac after I spoke to the office manager, Denise, on the phone.. Isaac had purchased the parts and in late afternoon showed up to install them, which he did. Isaac was cheerful and efficient. The parts have a 90 day guarantee (plumbing law or something), but hopefully they will long outlive this. Way to go, CPI, for following up immediately to complete this job.
Danielle W., Yelp review
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