Legal Question in Real Estate Law in California

Looking to buy home in CA. House has no heating system. Is one required for sale? For insurance?


Asked on 4/19/12, 10:23 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It is very unusual, but not exceedingly rare, for California homes to have no heating system. A lot of these are probably older houses that had wood stoves at one time but which have been removed for various reasons and replaced with electric space heaters or maybe the occupants simply ran a gas burner on the kitchen stove. Gas and electricity used to be cheap. When I was much younger, I had a one-bedroom apartment in San Francisco where the only heat was an electric wall unit in the main hallway. I never used it; instead, I ran the shower, the stove, or made a fireplace fire. There were signs of a woodstove having been removed many years earlier.

As to selling and buying, I know of no laws that require a heating system in order for a property to change hands. As to insurance, I doubt that'd be a problem except that "alternative" methods of heating such as portable electric space heaters are known to be more dangerous than a properly-installed furnace. Where you might run into problems is if you tried to rent it. As of 1970, the Civil Code has required "Heating facilities that conformed with applicable law at the time of installation, maintained in good working order." Civil Code, section 1941.1(d), re "untenantable buildings." A building totally without heating facilities would probably be held in violation and couldn't legally be rented.

So, while you can probably buy the property, I'd say a fair price would be one that would reflect the cost to bring it up to current standards of habitability, and that you should figure on installing some kind of safe and permanent heating system commensurate with the local climate and the age and quality of the building.

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Answered on 4/19/12, 11:38 am
Anthony Roach Law Office of Anthony A. Roach

It would be illegal to lease to someone, but not illegal to purchase or sell.

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Answered on 4/22/12, 12:37 pm


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