California SB 800 Explained: New-Home Defect Rights Go Beyond the One-Year Builder Warranty

You buy a new home in California and the builder tells you, "We offer a one-year warranty." Many buyers assume that after that year, any construction problem is theirs to absorb.

That's not quite right. California has a law called SB 800, the Right to Repair Act, that specifically covers construction defects in new residential construction. It's a separate system from the warranty your builder hands you.

The one-line summary: SB 800 isn't just another way of saying "builder warranty." It's a full set of legal construction standards for new homes, plus a process you have to follow before filing a lawsuit.

1. It defines how a home should perform

California Civil Code §896 sets functional standards for many building components. For example, roofs, windows, and showers shouldn't leak improperly; foundations shouldn't have significant cracks or make the structure unsafe; and plumbing and electrical systems should work properly.

In other words, SB 800 uses performance standards to define what counts as an actionable defect.

2. If you find a problem, the first step isn't suing the builder

Under Civil Code §910, before filing a related lawsuit, the homeowner must send the builder written notice and give the builder a chance to inspect and offer a repair. That's why it's called the Right to Repair Act.

The California Department of Consumer Affairs also reminds homeowners to contact the builder before going to court so the builder has a chance to repair. The process matters, and skipping it could affect your rights.

3. It's not a "10-year, covers-everything" warranty

Many people hear that SB 800 can go "up to 10 years" and assume any problem gets fixed for free for a decade. That's a common misunderstanding.

The law sets different time limits for different issues. Civil Code §896 specifies shorter periods for certain items, such as 1, 2, 4, or 5 years. The 10 years in Civil Code §941 works more like an outer limit for the overall framework. It doesn't mean every type of defect gets ten years.

So what is the "1-year fit and finish warranty"?

The 1-year fit and finish warranty you hear about at closing is a separate requirement under Civil Code §900: the builder must provide a written limited warranty of at least one year. It mainly covers surface and finish items, including:

Cabinets
Mirrors
Flooring
Interior and exterior walls
Countertops
Paint finishes
Trim

Under Civil Code §901, builders can also choose to offer more protection than the law requires. So your builder's warranty terms depend on the documents you actually receive.

Which homes does SB 800 apply to?

Under Civil Code §938, it applies to new residences where the purchase agreement was signed by the seller on or after January 1, 2003. Section 896 also explains that the standards apply to original construction intended to be sold as individual dwelling units. Condominium conversions are treated differently.

Three things to confirm when a new home has a problem

If you bought new construction in California and something goes wrong, don't just ask, "Has the builder's warranty expired?" First confirm:

Is this a home covered by SB 800?
Which legal standard does this defect relate to?
Are you still within the time limit for that specific item?

Keep good records

Whatever the issue, it's smart to:

Photograph and video the defect
Write down the date you discovered it
Keep every repair request and all correspondence
Send written notice to the builder following the legal process

The builder's one-year warranty expiring doesn't wipe out all your rights. But SB 800 also isn't ten years of free repairs for everything. Each situation depends on the type of defect, dates, documents, and the specific code sections that apply. When needed, talk with an attorney who handles construction defect matters.

Thinking about buying new construction?

If you're looking at new construction in Los Angeles or Southern California, reach out. I can walk you through warranty documents, the final walkthrough, and how to report issues after closing before you sign.