California home sale requirements for an older house start with a short list of building items the seller certifies or discloses: smoke alarms, water heater bracing and water-conserving plumbing fixtures. Carbon monoxide devices, where state law requires them, are an owner's duty whether or not you sell, and a permit for work before listing can bring its own alarm and fixture rules.
In a 1950s or 1960s house, any of these can date from an earlier era unless someone has updated it. In November 2026 we read the Health and Safety Code and Civil Code sections on the Legislature's official site, the disclosure form text in the California Department of Real Estate's 2026 Real Estate Law (current as of January 1, 2026), and the city pages.
Smoke alarms: Health and Safety Code Sections 13113.8 and 13113.7
Section 13113.8 is the sale rule. Since January 1, 1986, every single-family dwelling that is sold must have an operable smoke alarm, approved and listed by the State Fire Marshal at the time of installation and installed under the Fire Marshal's regulations. Unless local rules say otherwise, a battery-operated alarm that met the state standards when it was installed satisfies the law. For this section, "single-family dwelling" includes a one- or two-unit dwelling.
Written statement. The seller gives the buyer a written statement of compliance, in the receipt for deposit, an addendum or a separate document, as soon as practicable before transfer of title.
On the disclosure form. The Real Estate Transfer Disclosure Statement has the seller certify that the property, as of the close of escrow, will have operable smoke detectors approved, listed and installed under the State Fire Marshal's regulations and applicable local standards.
Who checks. The law puts no duty on agents or escrow to monitor compliance. A failure to comply doesn't invalidate the transfer of title, and the only remedy is actual damages of up to $100, not counting court costs and attorney's fees.
Section 13113.7 is the everyday rule. It requires State Fire Marshal-listed smoke alarms in each dwelling, installed under the manufacturer's instructions, and accepts battery-operated alarms unless local rules prohibit them.
Carbon monoxide devices: Health and Safety Code Section 17926
Section 17926 requires the owner of a dwelling unit to install a carbon monoxide device, approved and listed by the State Fire Marshal, in each existing unit that has a fossil fuel burning heater or appliance, a fireplace or an attached garage. For existing single-family dwelling units, the deadline was July 1, 2011. Number and placement follow the building standards for new construction or the manufacturer's instructions, where that's technically feasible, and a violation is an infraction with a fine of up to $200 per offense.
It isn't written as a sale rule. Like the smoke alarm law, it says no transfer of title is invalidated for failure to comply, and it caps the remedy at $100 in actual damages, not counting court costs and attorney's fees. Section 17926.1 adds duties for owners who rent to a tenant, not for sellers. The Transfer Disclosure Statement lists "Carbon Monoxide Device(s)" among the items a seller checks off, and its footnote says installing a listed device is not a precondition of sale. Cities may adopt carbon monoxide ordinances consistent with state law, so ask your building department.
What a permit adds
Under Section 13113.7, for a permit issued on or after January 1, 2014 for alterations, repairs or additions over $1,000, the permit issuer can't sign off on the work until the permit holder shows that all required smoke alarms are listed by the State Fire Marshal. The Town of Los Gatos's verification form (revised December 2020) says California Residential Code Sections R314 and R315 require smoke and carbon monoxide alarms to be retrofitted in existing dwellings when permitted alterations, repairs or additions are made, and installed by the time a final inspection is requested. Its locations list:
A smoke alarm in every bedroom, plus a carbon monoxide alarm if the bedroom has a gas appliance.
Smoke and carbon monoxide alarms immediately outside each sleeping area.
At least one of each on every level, including basements and habitable attic rooms.
The form says alarms are generally hard-wired with battery backup and interconnected, but they may be battery-only and stand-alone if wiring them would mean removing wall or ceiling finishes, or if there's no attic, basement or crawl space access. That exception can matter in a slab-built house with an open-beam ceiling. It also calls for alarms within 10 years of their manufacture date and points installers to NFPA 72 for rooms with joists or beams.
Water heater bracing: Health and Safety Code Section 19211
All new, replacement and existing residential water heaters must be braced, anchored or strapped to resist falling or horizontal displacement in an earthquake, at a minimum as the California Plumbing Code requires. The section applies to standard water heaters of up to 120 gallons for which a preengineered strapping kit is readily available.
The seller certifies compliance in writing. The law lets that certification go in the Homeowner's Guide to Earthquake Safety, the sales contract or receipt for deposit, or the Transfer Disclosure Statement. A building in violation is deemed a nuisance.
Los Gatos's bracing handout (revised March 2017) lists the town's requirements, including a permit to replace a water heater, at least two restraints in the upper and lower thirds of the tank, three straps on a 75-gallon heater and four on a 100-gallon heater, and, in a garage, the ignition source or pilot light raised 18 inches. If you're replacing the water heater anyway, our heat pump guide covers the electric options.
Water-conserving plumbing fixtures: Civil Code Section 1101.4
Section 1101.4 required owners of single-family residential property to replace noncompliant plumbing fixtures with water-conserving ones on or before January 1, 2017, and makes replacement a condition of final permit approval for alterations or improvements. The seller must disclose that rule in writing and say whether the house still has noncompliant fixtures. The Transfer Disclosure Statement's notice ties the rule to single-family homes built on or before January 1, 1994, and dates the permit condition to January 1, 2014. Under Section 1102.155, the seller affirms that this disclosure is the seller's own, isn't a warranty, and isn't a substitute for inspections.
For multifamily and commercial property, Section 1101.5 set a January 1, 2019 deadline, and since then sellers of those properties must disclose the rule and any noncompliant fixtures in writing.
Los Gatos's fixture form (revised May 2018), citing Civil Code Section 1101.3(c), lists existing fixtures allowed to stay: toilets using less than 1.6 gallons per flush, urinals under 1 gallon per flush, showerheads under 2.5 gallons per minute and interior faucets under 2.2 gallons per minute. It also lists permitted jobs that won't trigger fixture replacement there, including a re-roof, window replacement, water heater replacement, an electrical service change-out and sewer line replacement. Other cities may draw the line differently. Our mid-century bathroom remodel guide covers keeping period fixtures where you can.
Two more items that depend on the year built
For a house built before 1960 with one to four units of conventional light-frame construction, Government Code Section 8897.1 has the seller deliver the Homeowner's Guide to Earthquake Safety and complete an earthquake hazards disclosure. For housing built before 1978, the federal lead rule has sellers give buyers the EPA lead pamphlet, disclose known lead-based paint and hazards, and offer a 10-day inspection period unless the parties agree otherwise in writing or the buyer waives it. Our as-is sale guide covers these disclosures in more depth.
Bay Area city extras we confirmed
As of November 2026, these city rules apply at or before a sale. Los Gatos's building forms page had no resale form when we checked.
Berkeley. Under the Building Emissions Saving Ordinance (Municipal Code Chapter 19.81), a single-family home or duplex needs a Home Energy Score report from a registered assessor before listing. Reports are valid five years, and skipping one carries a $500 fee. Since January 1, 2026, the seller must also earn six upgrade credits per unit before closing, qualify for a heat pump exemption, or defer the work to the buyer with a $5,000 deposit split $2,500 each. A buyer who takes it on has two years, with a one-year extension available. Triplexes and fourplexes follow on January 1, 2028, and condominiums and accessory dwelling units are excluded.
San Francisco. The city says owners or their agents are legally required to give the buyer a Report of Residential Building Record, or 3R report, showing authorized use and building permit history. It doesn't include plumbing or electrical permits, and the city issues it in seven to ten business days.
Sausalito. Before a residential building is sold or exchanged, the owner or agent must get a Residential Building Record Report showing the authorized use, occupancy and zoning classification (Municipal Code Section 8.32.010) and deliver it to the buyer. The city does no physical inspection and asks for at least two weeks.
Several East Bay, Peninsula and Marin agencies also require a sewer lateral test or certificate at sale, so check with your city and sanitary district. This is general information, not legal advice. Confirm current rules with your city's building department, and ask a real estate attorney how they apply to your sale.
Frequently asked questions
Do I have to install carbon monoxide alarms before I sell?
Section 17926 has required them since July 1, 2011 in an existing single-family dwelling with a fossil fuel burning heater or appliance, a fireplace or an attached garage, sale or no sale. The law doesn't make them a condition of the sale itself, and the disclosure form says a listed device isn't a precondition of sale. If you pull a permit, the building code's retrofit rules apply before final inspection.
Does a 1960s house need low-flow fixtures to sell?
A single-family home built on or before January 1, 1994 was to have water-conserving fixtures by January 1, 2017, and the seller must disclose whether noncompliant fixtures remain.
Can a buyer take over Berkeley's energy upgrades?
Yes. The seller can defer the upgrades with a $5,000 deposit, split between buyer and seller, and the buyer then has two years to complete them and get the deposit back.
Related reading
Selling a Mid-Century Modern Home: What to Fix and What to Leave
Lead Paint Disclosure for Pre-1978 Homes, Plus Asbestos Testing
Repair Requests After a Home Inspection: A Guide for Older Homes
More guides on this topic: Buying & Selling a Mid-Century Modern Home
Getting an older home ready to sell? Call or text the Boyenga Team at Compass at (408) 373-1660 or (650) 383-8606, or contact the Boyenga Team for a pre-listing walk-through of the alarms, water heater and fixtures.
