La Jolla · Seller guides
Smoke alarms, water heater straps and low-flow fixtures: what California requires when you sell
Short answer: When you sell a home in California, it needs working smoke alarms. It needs carbon monoxide alarms if it has gas appliances, a fireplace or an attached garage. And the water heater has to be strapped down for earthquakes. You sign short written statements about the smoke alarms and the water heater. Older homes also need water-saving toilets, showerheads and faucets. You tell the buyer in writing if any older ones are still there.
I'm Weston Clark, a real estate agent with Compass in San Diego. These are small items. But they come up in almost every sale. It's much easier to handle them before your home goes on the market than to rush in the middle of escrow, the stretch between an accepted offer and closing. Here's what the law actually says, and what it means in plain words. I'm not a lawyer, and this isn't legal advice. Your home inspector and your escrow paperwork confirm the details for your home.
Smoke alarms
California's Health and Safety Code section 13113.8 says: "every single-family dwelling and factory-built housing … which is sold shall have an operable smoke alarm."
In everyday words: if you're selling a house, it has to have smoke alarms that work. "Single-family dwelling" here includes a one- or two-unit home. The alarm has to be a model approved by the State Fire Marshal, which is the state's fire safety office. By law (section 13114), a smoke alarm can't be sold in California without that approval. So alarms from a store here should have it.
The same law says a battery alarm is fine: "Unless prohibited by local rules, regulations, or ordinances, a battery-operated smoke alarm that met the standards … at the time of installation shall be deemed to satisfy the requirements of this section." So you don't have to rewire anything just to sell, unless a local rule says otherwise.
One thing to know if you're buying new alarms: since July 1, 2014, a smoke alarm that runs only on a battery must "contain a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years" to be approved in California (section 13114). In plain words, new battery-only alarms come with a sealed 10-year battery.
Where do they go? The general smoke alarm law (section 13113.7) says alarms are installed "in accordance with the manufacturer's instructions." That same section lists condominiums as covered homes too. The instructions in the box show where to put them. Your inspector will point out any room that looks like it's missing one.
The written statement you sign
Section 13113.8 also says the seller "shall deliver to the transferee a written statement indicating that the transferor is in compliance with this section."
Put simply: the "transferor" is you, the seller, and the "transferee" is the buyer. You give the buyer a short signed statement saying the home meets the smoke alarm rule. The law says it can be part of the purchase contract, an add-on page to it, or a separate document. In most sales it's just one of the forms in your paperwork, and I'll show you where it is. This statement rule is written for houses (one- or two-unit homes). If you're selling a condo, your escrow paperwork will show what you're asked to sign.
There are a few exceptions. For example, it doesn't apply to sales ordered by a court, including probate (the court process for handling the estate of someone who has died). It also doesn't apply to sales by a trustee (the person in charge of a trust) or by someone else managing an estate or trust. Transfers between co-owners, or to a spouse or a direct-line relative like a child or parent, are also left out. If you're selling as a trustee or through probate, see my guides to trust sales and probate. Your escrow officer will tell you which forms apply.
Carbon monoxide alarms
Carbon monoxide is a gas you can't see or smell. It can come from anything that burns fuel. Health and Safety Code section 17926 says: "An owner of a dwelling unit intended for human occupancy shall install a carbon monoxide device, approved and listed by the State Fire Marshal … in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage."
In everyday words: you need carbon monoxide alarms if your home has a gas furnace, gas water heater, gas stove or fireplace. The same goes for a garage attached to the house. Many homes check at least one of those boxes. You can buy combination smoke and carbon monoxide alarms that do both jobs.
On where they go, the law says to install them "in a manner consistent with building standards applicable to new construction … or with the manufacturer's instructions, if it is technically feasible to do so." That means following today's building rules or the instructions in the box. Renting the home out? A related section (17926.1) says the owner keeps these alarms in place. They must be working when a tenant moves in.
Water heater straps
We live in earthquake country, and a water heater that tips over can break a gas line or cause a leak. Health and Safety Code section 19211 says: "all new and replacement water heaters, and all existing residential water heaters, shall be braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion."
In plain words: your water heater needs to be strapped or bolted so it can't fall over or slide in a quake. The law says it should be done the way the California Plumbing Code (or your city's version of it) requires. Your inspector or a plumber can check the exact setup.
The same section says: "The seller of any real property containing a water heater shall certify to the prospective purchaser that this section has been complied with." That's another short written statement, and the law says it can go in the purchase contract or the seller's disclosure form. The rule covers standard water heaters that hold up to 120 gallons.
Water-saving (low-flow) toilets, showerheads and faucets
This one surprises people. California's Civil Code section 1101.2 says this rule applies to homes "built and available for use on or before January 1, 1994." If your home is newer than that, it likely doesn't apply.
The law (section 1101.3) calls an older, higher-flow fixture "noncompliant." It lists:
- "Any toilet manufactured to use more than 1.6 gallons of water per flush."
- "Any showerhead manufactured to have a flow capacity of more than 2.5 gallons of water per minute."
- "Any interior faucet that emits more than 2.2 gallons of water per minute."
- Urinals that use more than one gallon per flush, which most homes don't have.
Those are the outer limits the law uses to call a fixture "noncompliant." A "water-conserving" fixture is one that meets today's building standards for a new home.
For a house: section 1101.4 says that "On or before January 1, 2017, noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures." It also says "A seller or transferor of single-family residential real property shall disclose in writing to the prospective purchaser or transferee the requirements of subdivision (b) and whether the real property includes any noncompliant plumbing fixtures."
In plain words: older toilets, showerheads and faucets in an older house should already have been swapped out. When you sell, you tell the buyer in writing about this rule and whether any old ones are still there.
For a condo: the law calls a building with more than one unit "multifamily," which generally takes in condos. Section 1101.5 set the replacement date for those buildings as "On or before January 1, 2019," and says the seller "shall disclose to the prospective purchaser or transferee, in writing, the requirements of subdivision (a) and whether the property includes any noncompliant plumbing fixtures." My condo guide and HOA guide (the homeowners association that runs the building) cover the rest of a condo sale.
A few homes are left out. Section 1101.7 says the rule doesn't apply to "Registered historical sites," or where "a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of water-conserving plumbing fixtures is not technically feasible." Section 1101.9 also exempts cities and counties that adopted their own retrofit rule before July 1, 2009, while that rule stays in effect. Your escrow officer or inspector can tell you if a local rule applies to your home. If your home is historic, see my historic review guide.
Planning a remodel first? Section 1101.4 also says that for permitted work on a house, "the permit applicant shall replace all noncompliant plumbing fixtures" before the building department gives final sign-off. My remodel rules guide covers permits.
How I handle this with sellers
Before we list, I walk through the home with you and look at the simple things together:
- Press the test button on each smoke alarm and carbon monoxide alarm. Replace any that are dead or old.
- Look at the water heater. Are there straps around it, and are they tight to the wall?
- If the home was built in 1994 or earlier, look at the toilets, showerheads and faucets. Your inspector or a plumber can tell you if any are older, higher-flow models.
Then the buyer's home inspector does a fuller check, and the written statements show up in your contract and escrow paperwork. Taking care of these early keeps them from turning into a back-and-forth with the buyer later. My seller prep guide covers the rest of getting a home ready.
Common questions
Do I need smoke alarms to sell my house in California?
Yes. State law says every single-family home that is sold "shall have an operable smoke alarm," meaning one that works. You also give the buyer a short written statement that you're in compliance.
Is a battery smoke alarm OK?
Generally yes, unless a local rule says otherwise. One detail: since July 1, 2014, a new battery-only smoke alarm sold in California has to have a sealed battery that lasts at least 10 years. You can't pop that battery out.
Do I need carbon monoxide alarms too?
Yes, if your home has anything that burns gas or another fuel, like a furnace, water heater, stove or fireplace. The same goes for a home with an attached garage. The owner has to have carbon monoxide alarms installed. Placement should follow today's building standards or the maker's instructions.
Does my water heater have to be strapped?
Yes. California law says water heaters "shall be braced, anchored, or strapped" so they don't tip over in an earthquake, and the seller certifies this to the buyer in writing. Your inspector can tell you if the straps on yours look right.
What are low-flow fixtures, and do I have to replace mine?
They're toilets, showerheads and faucets that use less water. This rule covers homes built on or before January 1, 1994. Older fixtures should have been replaced by January 1, 2017 for houses. For buildings with more than one unit, like most condos, the date was January 1, 2019. When you sell, you tell the buyer in writing about this rule and whether any older fixtures are still in the home.
Who checks all of this before closing?
A home inspector looks at alarms, water heater straps and fixtures. The written statements you sign are part of the purchase contract and escrow paperwork. I go through each item with you before we list, so it's done early.
Sources: California Health and Safety Code 13113.8, 13113.7, 13114, 17926, 17926.1 and 19211; California Civil Code 1101.2, 1101.3, 1101.4, 1101.5, 1101.7 and 1101.9 (California Legislative Information). Checked November 4, 2026. This page is general information, not legal advice. Your home inspector and your purchase and escrow paperwork confirm what applies to your home. A real estate attorney can answer legal questions.
Questions about a home you're buying or selling?
Send me a note and we can walk through your home before it goes on the market. That way the small safety items are done early, with no surprises in escrow. Or call or text (858) 997-8998.