SB 407: water-conserving fixture rules for San Jose home sellers

What SB 407 requires

SB 407 added Civil Code sections 1101.1 through 1101.8. For single-family homes built and available for use on or before January 1, 1994, it requires noncompliant plumbing fixtures to be replaced with water-conserving ones. The deadline for single-family homes was January 1, 2017.

Since 2014, permitted additions and alterations have also required noncompliant fixtures to be replaced before final permit approval. In practice, that means a bathroom remodel or addition can trigger a fixture check for the whole house.

Which fixtures are noncompliant

The law defines noncompliant fixtures by their rated water use. A toilet manufactured to use more than 1.6 gallons per flush is noncompliant, as is a urinal over one gallon per flush, a showerhead with a flow over 2.5 gallons per minute and an interior faucet that emits more than 2.2 gallons per minute.

Most fixtures sold in recent decades are already well under those limits. The usual offenders are original toilets and older showerheads in homes that have not been updated.

What sellers must disclose

Sellers of single-family homes covered by the law must disclose in writing that California requires water-conserving fixtures and whether the property includes any noncompliant ones. The disclosure is the seller's, not the agent's.

Many sellers choose to replace noncompliant fixtures before listing, so the disclosure is simple and the buyer does not ask for a credit. It is usually a modest job compared with other pre-sale repairs.

How to check your fixtures

Toilets usually have the flush volume stamped inside the tank or behind the seat hinge. Showerhead and faucet flow ratings are sometimes printed on the fixture or aerator, but the simplest test is to time how long it takes to fill a container of known size.

A plumber can check every fixture in one visit, replace the ones that exceed the limits and give you a written list of what was checked and changed. That list is what agents and buyers usually ask for.

Doing it alongside other pre-sale work

San Jose also requires many homes to pass a sewer lateral inspection at sale. Scheduling the fixture check and the lateral inspection together saves a visit and keeps the escrow timeline clear.

While toilets are off, it is also a good time to check flanges and shutoff valves, which are often as old as the toilets themselves.