Does New Construction Need a Home Inspection in California?
Does new construction need a home inspection in California? It is a smart step, even on a brand-new house. City building inspectors check work against approved plans and code as the house goes up. A home inspector you hire works for you, and California law defines that job as an exam "designed to identify material defects".
Picture a buyer in Ontario or Eastvale walking a model home with fresh paint and new carpet. This guide explains both inspections, phase inspections, and what California's Right to Repair Act (SB 800) says about builder defects.
Key takeaways
- City inspections check work against approved plans and code. A home inspection looks for material defects.
- Phase inspections, like a pre-drywall visit, let an inspector see framing, wiring, and plumbing before walls close.
- Under SB 800, a builder must give at least a one-year written warranty on fit and finish items like cabinets, flooring, and paint.
- An SB 800 claim starts with written notice to the builder, and the builder must acknowledge it in writing within 14 days.
Does New Construction Need a Home Inspection in California?
A new home goes through permit inspections, and it still helps to have your own inspector. The city asks whether the work meets the approved plans and code. Your inspector asks whether anything in the house is a material defect you should know about before you close.
What City Building Inspectors Check
The City of Ontario's building permit FAQ says: "Common items to be inspected are foundation excavations, concrete work, wood framing, ventilation equipment, plumbing, electrical, shear wall nailing, roof nailing, etc."
The city explains that work "is generally inspected and approved in succession and no work may continue beyond the point indicated in each successive inspection without first obtaining the approval of the inspector." A Certificate of Occupancy is issued "after a building inspector verifies that all work has been done in accordance with approved plans and code requirements".
What a California Home Inspection Covers
California Business and Professions Code Section 7195 defines a home inspection as "a noninvasive, physical examination" of "the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components."
The same section says a material defect "is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling." The written report lists "any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons."
Section 7196 sets the standard of care. For a home inspector who is not also a licensed general contractor, structural pest control operator, architect, or registered professional engineer, Section 7196 requires "the degree of care that a reasonably prudent home inspector would exercise".
Phase Inspections: Seeing Inside the Walls
InterNACHI, a home inspector trade group, describes pre-drywall inspections this way: "Drywall can obscure some aspects of the interior and make identifying or fixing any problems both difficult and expensive, once the new home is completely finished."
InterNACHI's sample phase inspection agreement lays out a common schedule: "The first two inspections will take place during the post pour / pre drywall phase, and we will provide a written report after each inspection. The final inspection will take place when construction is complete."
California's Right to Repair Act (SB 800)
In McMillin Albany LLC v. Superior Court (2018), the California Supreme Court said the Right to Repair Act is principally codified at Civil Code Sections 895 to 945.5. The Contractors State License Board (CSLB) explains that "homebuilders are given the opportunity to repair your home prior to a legal action being filed." These procedures "only apply to new residential homes purchased after January 1, 2003."
The law sets building standards and time limits. A few examples from Civil Code Section 896:
- Plumbing and sewer systems "shall be installed to operate properly" with no action allowed "more than four years after close of escrow."
- Irrigation systems and drainage claims have a one-year limit from close of escrow.
- Paint and stain claims have a five-year limit from close of escrow.
The outer limit is in Section 941: "no action may be brought to recover under this title more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion."
Cosmetic items are handled separately. Under Section 900, a builder must provide "a minimum one-year express written limited warranty" covering "cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes, and trim".
How an SB 800 Claim Works
The CSLB says: "Should you discover a defect in the construction of your home, prior to pursuing legal action you must first contact your home builder." Here is the order the Civil Code lays out, unless your purchase contract sets out the builder's own alternative procedure (Civil Code 914):
- Written notice. Under Section 910, notice goes to the builder "via certified mail, overnight mail, or personal delivery" with a description of the claim.
- Acknowledgment. Under Section 913, the builder "shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the notice of the claim."
- Inspection. Under Section 916, a builder who chooses to inspect must finish "within 14 days after acknowledgment of receipt of the notice of the claim".
- Repair offer. Under Section 917: "Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation."
The CSLB adds that "if the homebuilder fails to follow any of the procedures, the homeowner is entitled to proceed with the filing of an action."
If a Builder Limits Access
Before you sign, read the sales contract for any rules about outside inspectors. Ask in writing when your inspector may visit, and keep every reply. If an area cannot be reached, ask your inspector to note it in the report.
For more, see our guide to first-time buyer mistakes loan officers see, and our look at what goes wrong when home repairs are done incorrectly.
Frequently Asked Questions
Is a city inspection the same as a home inspection?
No. The City of Ontario says a Certificate of Occupancy is issued after an inspector verifies work was done "in accordance with approved plans and code requirements". California defines a home inspection as a noninvasive exam designed to identify material defects.
How long does a builder warranty last under SB 800?
SB 800 mixes a warranty with deadlines to sue. Section 900 requires at least a one-year written warranty on fit and finish items, and those items are handled under that warranty, not the SB 800 claim process. For other defects, Section 896 sets deadlines by item, such as one year from close of escrow for irrigation and drainage and four years for plumbing. Otherwise, Section 941 generally bars claims more than 10 years after substantial completion.
What is the first step if I find a defect in my new home?
The CSLB says to contact your home builder before pursuing legal action. Under Civil Code Section 910, the written claim notice goes by certified mail, overnight mail, or personal delivery. The builder must acknowledge it in writing within 14 days.
Protecting Your New Home
At Farmers Insurance - Young Douglas, we help new homeowners review their home policy before closing, and our housing advice library covers more buyer questions. Coverage depends on the policy, so it helps to review yours once you have the keys. Get a free quote and coverage review with our team.
Written by LaMonte Douglas, owner of Young Douglas Insurance, a Farmers Insurance agency serving California from Ontario. CA License #4091974.
Sources (accessed September 23, 2026): City of Ontario, Building Permit FAQs; CSLB, Construction Defect Notice; California Business and Professions Code (2025, via Justia): Section 7195, Section 7196; California Civil Code (2025, via Justia): Section 896, Section 900, Section 910, Section 913, Section 916, Section 917, Section 914, Section 941; McMillin Albany LLC v. Superior Court (Cal. Supreme Court, 2018); InterNACHI: Pre-Drywall Inspections, New Construction Phase Inspection Agreement.
Last updated: September 23, 2026.