Civil Code 1101.3: Fixture Rules, Deadlines, and Disclosure

California Civil Code Section 1101.3 sets the definitions that drive the state’s mandatory plumbing fixture replacement law. Its most important job is spelling out what counts as a “noncompliant” fixture: a toilet that uses more than 1.6 gallons per flush, a urinal above 1.0 gallon per flush, a showerhead above 2.5 gallons per minute, or an interior faucet above 2.2 gallons per minute.¹ If you own a California residential or commercial building constructed before January 1, 1994, these thresholds decide whether your plumbing passes or fails under state law.

Which Buildings the Section Covers

Article 1.4, which contains Section 1101.3, applies to residential and commercial properties that were built and available for use on or before January 1, 1994.² Buildings put up after that date were already required by the federal Energy Policy Act of 1992 to be constructed with fixtures meeting the same flow rates California later adopted, so the statute targets the older stock that commonly contains far more wasteful hardware.

Section 1101.3 also sorts covered properties into three categories that the rest of the law treats differently. A single-family residential real property is a building with no more than one unit intended as a residence. A multifamily residential real property is a building with more than one residential unit, and that category includes residential hotels but not standard hotels or motels. Commercial real property covers everything else intended for commercial use, including hotels and motels that aren’t residential.¹ Which category your property falls into determines deadlines and permit triggers down the line.

The Flow Rates That Define a Noncompliant Fixture

Section 1101.3(c) is where the operative numbers live. A plumbing fixture is noncompliant if it exceeds any of these flow rates:¹

Toilets: more than 1.6 gallons per flush
Urinals: more than 1.0 gallon per flush
Showerheads: more than 2.5 gallons per minute
Interior faucets: more than 2.2 gallons per minute

These thresholds match the federal standards from the Energy Policy Act of 1992. Toilets manufactured before that era commonly used 3.5 to 5 gallons per flush, and showerheads could push 3 to 5 gallons per minute.³ A pre-1994 building whose plumbing has never been updated is almost certainly running at two to three times the water a modern fixture would use.

What “Water-Conserving” Means in the Statute

Section 1101.3(e) defines a water-conserving plumbing fixture as any fixture that meets the current building standards for new construction of the same property type.¹ Any toilet, urinal, showerhead, or faucet you can buy at a hardware store today will meet those standards. The definition is tied to current code, though, so what counts as water-conserving could shift if California tightens its building standards. EPA WaterSense-labeled products use at least 20 percent less water than the federal baseline, which gives you a cushion if that happens.³

One other definition from the section is worth knowing. Section 1101.3(f) defines “sale or transfer” as the conveyance of an entire real property estate or fee interest, which means selling a partial interest or signing a lease does not count.¹ That matters for the disclosure duty discussed below.

How to Audit Your Own Fixtures

You don’t need an inspector for this. Most pre-1994 fixtures have the flow rate stamped directly on them. On a toilet, check between the seat hinges and the tank, on the underside of the tank lid, or inside the tank near the waterline. On showerheads and faucets, look at the fixture body or the small aerator at the tip. Compare each number to the Section 1101.3(c) thresholds. If a fixture exceeds its threshold, or if no stamp is readable on an old fixture that likely predates the standards, it should be replaced.

Replacement is inexpensive for most homeowners. Low-flow showerheads and faucet aerators typically run under $50 each, and compliant toilets are widely available. Swapping a showerhead or aerator takes a few minutes with no special tools; a toilet replacement is more involved but still a reasonable DIY job.

What the Definition Triggers

The point of defining a noncompliant fixture is that other sections of Article 1.4 attach consequences to that status. There are three to know about.

Replacement Deadlines That Have Already Passed

Single-family homes had until January 1, 2017 to replace every noncompliant fixture.⁴ Multifamily residential and commercial properties had until January 1, 2019.⁵ If your pre-1994 building still has old fixtures, you’re already past the deadline.

Permit Approvals Blocked Until You Replace

Local building departments cannot issue a certificate of final completion, final permit approval, or certificate of occupancy on a pre-1994 property until noncompliant fixtures are replaced. For a single-family home, any permitted alteration or improvement triggers a requirement to replace every noncompliant fixture in the entire house before the permit closes.⁴ Remodeling a kitchen can require you to replace the old toilet upstairs before the inspector signs off.

For multifamily and commercial properties, the trigger depends on the size and cost of the project.⁵ An addition that expands floor area by more than 10 percent requires replacing all noncompliant fixtures throughout the entire building, including common areas and tenant units owned by the same owner. A renovation whose building permit estimates construction costs above $150,000 requires replacing all noncompliant fixtures serving the specific area being improved. Any permitted work in a room that contains noncompliant fixtures, regardless of cost or scope, requires replacing every noncompliant fixture in that room.

Written Disclosure Required at Sale

When you sell a covered property, you must give the buyer written notice of the replacement requirement and disclose whether the property contains any noncompliant plumbing fixtures. That duty applies to single-family sellers under Section 1101.4 and to multifamily and commercial sellers under Section 1101.5, which also permits the disclosure to be folded into other transactional documents.⁴⁵

Residential sellers usually handle this through a dedicated section of the standard Transfer Disclosure Statement or through a separate water-conserving plumbing fixtures addendum. No professional inspection is required. You walk through each bathroom and kitchen, note which fixtures are compliant and which aren’t, and record locations. An honest assessment based on what you can see is what the law expects, and accurate reporting protects you from later claims that you misrepresented the property.

Ongoing Duties for Multifamily and Commercial Owners

Section 1101.5 adds obligations that continue after the initial replacement is done. When a new tenant moves in, every water-conserving fixture in the unit must be operating at the manufacturer’s rated water consumption. If a tenant notices a fixture isn’t performing at its rated efficiency, the tenant is responsible for notifying the landlord or property manager, and once notified the owner must correct the problem. The same duty applies if the owner or an agent discovers the issue independently.⁵

Owners have a statutory right to enter the property to install, repair, test, and maintain water-conserving fixtures, but they must follow California’s standard landlord-entry notice rules under Civil Code Section 1954, which generally means at least 24 hours’ written notice.⁵

How Noncompliance Is Actually Enforced

Article 1.4 does not include a standalone fine for simply missing the replacement deadline. That surprises people. Enforcement runs through two indirect pressure points instead.

The first is the permit process. Building departments are barred from issuing final approvals or certificates of occupancy on pre-1994 buildings until noncompliant fixtures are replaced.⁴ For a commercial or multifamily owner midway through a renovation, a stalled permit can be expensive quickly.

The second is the sale. A seller who fails to disclose noncompliant fixtures, or who misrepresents the property’s status, faces potential breach-of-contract or fraud exposure from the buyer after closing. The practical effect is that buyers who learn about old fixtures negotiate a price reduction or walk away, so the cost of noncompliance tends to land at the transaction.

Some cities and counties have adopted local ordinances that layer additional requirements on top of state law, so check with your local building department before planning a renovation or listing a pre-1994 property for sale.

1
California Legislative Information. California Civil Code Article 1.4 – Installation of Water Use Efficiency Improvements
2
California Legislative Information. California Civil Code CIV 1101.2 – Applicability
3
U.S. Environmental Protection Agency. Water Efficiency Management Guide – Bathroom Suite
4
California Legislative Information. California Civil Code CIV 1101.4 – Single-Family Residential Real Property
5
California Legislative Information. California Civil Code CIV 1101.5 – Multifamily and Commercial Real Property