SB 800, California’s Right to Repair Act (Civil Code §895–945.5), is the primary legal framework governing construction defect claims for new residential homes built after January 1, 2003. It establishes minimum performance standards for building components, creates a mandatory pre-litigation notice-and-repair process, and — following the McMillin Albany ruling — serves as the exclusive remedy for most new residential construction defect claims. This comprehensive guide walks homeowners through every aspect of SB 800: who it applies to, what it requires, and how to use it.

If you purchased a newly built home in California after 2003 and discovered construction defects, SB 800 — the Right to Repair Act — is almost certainly the law that governs your claim. Understanding this statute is not optional; it defines the standards your home must meet, the process you must follow before filing a lawsuit, and the remedies available to you.

This guide provides a complete overview of SB 800 and its practical implications for California homeowners. For related topics, see our guides on what qualifies as a construction defect and construction defect statutes of limitations.

Have questions about your rights under SB 800? Schedule a consultation with Bay Legal’s construction law team to discuss your situation. Call (650) 668-8000 or visit baylegal.com/practice-areas/construction-law/.

What Is SB 800, the Right to Repair Act?

SB 800, formally known as the Right to Repair Act, is codified at California Civil Code §895–945.5. Enacted in 2002 and effective January 1, 2003, SB 800 was California’s response to the growing volume of residential construction defect litigation and the need for a structured framework to resolve these disputes.

The statute serves three primary purposes:

1. Establishes performance standards — defining how each building component must function, independent of whether the builder met building codes
2. Creates a mandatory pre-litigation process — requiring homeowners to give builders notice and the opportunity to inspect and repair before filing a lawsuit
3. Defines component-specific timelines — setting different claim periods for different building systems (1 to 10 years from close of escrow)

SB 800 replaced the patchwork of common law theories that previously governed new residential construction defects with a single, comprehensive statutory framework.

Who Does SB 800 Apply To?

SB 800 applies to: Original purchasers — and their successors in interest — of new residential construction where the original sale closed escrow on or after January 1, 2003. This includes single-family homes, condominiums, and townhomes in new residential developments.

SB 800 does NOT apply to:

• Commercial properties (offices, retail, industrial buildings)
• Residential properties originally sold before January 1, 2003
• Condominium conversions (existing buildings converted to condominiums)
• Homes where the builder expressly offered enhanced protection plans that meet or exceed SB 800 standards (Civil Code §901)

If SB 800 does not apply to your property, you may still have claims under common law theories such as negligence, breach of contract, and breach of warranty. However, the procedures, standards, and timelines will differ.

What Are the SB 800 Performance Standards?

One of the most significant aspects of SB 800 is its establishment of objective performance standards for building components (Civil Code §896). These standards define how each component must perform — not simply whether the builder followed building codes.

This distinction is critical: A builder can be liable under SB 800 even if the construction met all applicable building codes, if the building component does not perform to SB 800’s standards.

The performance standards cover the following categories:

Foundation and Structural Systems

• Foundations must not allow water or vapor to enter the living space
• Structural elements must not compromise the load-bearing capacity of the structure
• Framing must not cause cracks in walls, ceilings, or floors beyond industry-standard tolerances

Soil and Grading

• Soil and grading must not cause ground settling, earth movement, or drainage problems that affect the structure
• Grading must direct water away from the foundation

Waterproofing and Moisture Protection

• Exterior walls, windows, doors, and roofing systems must not allow unintended water to enter the structure
• Shower and bath enclosures must not allow water to penetrate into surrounding areas
• Decks, porches, and balconies must not allow water intrusion into the living space

Plumbing and Sewer Systems

• Plumbing systems must not cause water damage from leaks
• Sewer systems must operate properly and not cause health hazards
• Hot water systems must deliver hot water to all intended fixtures

Electrical, HVAC, and Fire Protection

• Electrical systems must operate safely and in accordance with applicable codes
• HVAC systems must be capable of maintaining required temperatures
• Fire protection systems must comply with all applicable standards

The breadth of these standards is significant. Virtually every building system in a home has a defined performance standard under SB 800, and the homeowner does not need to prove negligence — only that the component failed to meet the standard.

What Is the SB 800 Pre-Litigation Process?

Before filing a lawsuit for construction defects under SB 800, homeowners must complete a mandatory pre-litigation process. This process gives the builder an opportunity to inspect the claimed defects and offer to repair them. Failure to follow this process can delay or jeopardize your claim.

The step-by-step process works as follows:

1. Homeowner serves written notice of the claimed defects on the builder (Civil Code §910). The notice should describe each defect in reasonable detail.
2. Builder acknowledges receipt within 14 days of service (Civil Code §913).
3. Builder has the right to inspect the property within 14 days of the acknowledgment, or by mutual agreement of the parties, to evaluate the claimed defects (Civil Code §916).
4. Builder has 30 days after inspection to offer to repair the defect(s) (Civil Code §917). The offer must include a detailed description of the proposed repair and a reasonable completion timeline.
5. Homeowner has 30 days to accept or reject the builder’s repair offer (Civil Code §918). If the homeowner rejects the offer, the homeowner must provide reasons for the rejection.
6. If accepted, the builder completes the repair within a reasonable time. The builder must repair the defect to meet or exceed the original SB 800 performance standards.
7. If the repair fails, the homeowner may give notice of the failure and pursue further legal action (Civil Code §921).
8. If the builder does not respond or offer repair, the homeowner may proceed directly to litigation after the applicable timeframes have expired (Civil Code §920).

Practical consideration: The pre-litigation process typically takes 2–4 months from start to finish. Factor this timeline into your planning, especially if a statute of limitations deadline is approaching.

What Key Court Decisions Shape SB 800 Claims?

McMillin Albany LLC v. Superior Court (2018)

The California Supreme Court’s decision in McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241 is the most significant case interpreting SB 800. The Court held that SB 800 provides the exclusive remedy for construction defect claims involving new residential construction covered by the statute. Homeowners cannot bypass SB 800 by asserting common law negligence claims for the same defects.

What this means for homeowners: If your home falls under SB 800, you must follow the SB 800 framework — both the pre-litigation process and the performance standards. You cannot file a traditional negligence lawsuit as an alternative for defects covered by the statute.

Anders v. Superior Court (2018)

In Anders v. Superior Court, the court confirmed SB 800’s exclusivity but also recognized limited exceptions. The court noted that SB 800 does not preclude claims based on fraud, personal injury, or violations of other statutory provisions. This decision clarified that while SB 800 is the primary vehicle for property damage claims, certain parallel theories remain available in specific circumstances.

Together, these decisions establish that SB 800 is not merely one option among many — it is the required pathway for most construction defect claims involving new residential properties.

What Does the Builder’s “Right to Repair” Mean in Practice?

The name “Right to Repair Act” reflects a core principle of SB 800: builders have the right to attempt to fix defects before a homeowner can sue. In practice, this means:

• Builders control the initial repair: When a builder offers to repair and the homeowner accepts, the builder selects the repair method and contractor, subject to meeting SB 800 performance standards.
• Homeowners retain protections: If the builder’s repair fails to correct the defect, the homeowner can proceed to litigation with evidence that the builder was given the opportunity and failed.
• Non-response opens the door to court: If the builder does not acknowledge the notice, does not inspect, or does not offer a repair, the homeowner may proceed directly to litigation.

The builder’s right to repair is a significant procedural requirement, but it should not be viewed as an obstacle. In many cases, the pre-litigation process produces a favorable resolution without the time and expense of a lawsuit.

What Damages Are Available Under SB 800?

SB 800 allows homeowners to recover damages necessary to repair the defective conditions to meet the performance standards established by the statute. Available damages include:

• Cost of repair: The reasonable cost to repair or replace the defective building component to meet SB 800 standards
• Repair-related damages: Costs for temporary relocation during repairs, damage to personal property caused by the defect, and other consequential damages
• Investigative costs: Reasonable costs for expert inspection and testing to identify the nature and extent of defects
• Attorney fees and costs: In certain circumstances, the prevailing party may recover reasonable attorney fees

Notably, SB 800 does not generally allow recovery of diminished property value as a standalone damage category. The focus is on the cost to bring the home into compliance with the performance standards.

Why Does the Pre-Litigation Process Matter?

Some homeowners view the SB 800 pre-litigation process as a formality. It is not. Failure to properly complete the process can have serious consequences:

• Case stayed or dismissed: Courts have stayed (paused) or dismissed cases where homeowners filed suit before completing the SB 800 process.
• Builder arguments strengthened: A builder can argue that the homeowner’s failure to follow the process denied the builder its statutory right to inspect and repair, potentially limiting available damages.
• Resolution delayed: Even if the case is not dismissed, a court will likely require the homeowner to complete the process before proceeding — adding months to the timeline.

Follow the process carefully and document every step. Detailed records of your compliance with SB 800 protect your legal position and demonstrate good faith.

When Does SB 800 Not Apply?

SB 800 is comprehensive, but it has clear boundaries. Common law claims remain available in the following situations:

• Commercial properties: SB 800 applies only to residential construction. Office buildings, retail centers, industrial facilities, and other commercial properties are governed by common law.
• Pre-2003 construction: Homes where the original sale closed escrow before January 1, 2003, are not covered by SB 800.
• Personal injury claims: If a construction defect causes physical injury (not just property damage), common law personal injury claims remain available alongside or in lieu of SB 800.
• Fraud: If a builder committed fraud — such as knowingly concealing a defect — the homeowner may pursue fraud claims independent of SB 800.
• Condominium conversions: Converting an existing building into condominiums does not trigger SB 800, which applies only to new construction.

If you are unsure whether SB 800 applies to your situation, an attorney experienced in California construction defect law can evaluate your specific circumstances and advise on the correct legal framework. For an overview of who may be responsible for defects, see our guide on construction defect liability in California.

Need help navigating SB 800 for your new home? Schedule a consultation with Bay Legal’s construction law team to discuss your situation. Call (650) 668-8000 or visit baylegal.com/practice-areas/construction-law/.

Frequently Asked Questions About SB 800

Does SB 800 apply to all homes in California?

No. SB 800 applies only to new residential construction where the original purchase and close of escrow occurred on or after January 1, 2003. It does not apply to commercial properties, existing/resale homes not originally sold after that date, or condominium conversions. For properties not covered by SB 800, homeowners pursue claims under traditional common law theories.

Can a builder avoid SB 800 by offering their own warranty?

Builders can offer enhanced protection plans that modify certain SB 800 provisions, but they cannot offer less protection than SB 800 provides. Under Civil Code §901, if a builder offers an enhanced protection agreement, it must meet or exceed SB 800 standards. The agreement must be provided before close of escrow and the homeowner must receive the agreement in writing.

What happens if I skip the SB 800 pre-litigation process?

Failure to complete the mandatory pre-litigation process before filing a lawsuit can result in the court staying (pausing) your case until the process is completed, or in some cases, dismissal of certain claims. Following the process is not optional — it is a prerequisite to filing suit under SB 800.

Does SB 800 cover HOA common areas?

Yes. Homeowner associations can pursue SB 800 claims for defects in common areas of new residential developments. The HOA acts on behalf of the membership and follows the same pre-litigation process. Given the scale of common area defects, HOA claims under SB 800 often involve significant damages.

Can I still sue if the builder repairs the defect but the repair fails?

Yes. Under Civil Code §921, if a builder completes a repair but the repair does not correct the defect, the homeowner is entitled to pursue further legal action. The homeowner must give the builder notice of the failed repair and may then proceed with litigation. A failed repair attempt actually strengthens the homeowner’s legal position.

Schedule a consultation with Bay Legal’s construction law team to discuss your situation. Call (650) 668-8000 or visit baylegal.com/practice-areas/construction-law/.