California Property Transfer: What you need to know

Governing Law and Regulations

Property designation: California Hazardous Waste Control Act, California Health and Safety Code (CH & SC) 25220 to 25241

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Land use restrictions: CH & SC 25232

Recording restrictions: CH & SC 25220(d)

Department of Toxic Substances Control (DTSC) lists: CH & SC 25220(f)

Variances: CH & SC 25233

Removal of restriction: CH & SC 25234

Penalties: CH & SC 25196

Seller disclosure requirements: CH & SC 25359.7

Coastal development: 14 California Code of Regulations (CCR) 13170

Regulatory Agencies

California Environmental Protection Agency (Cal/EPA) Department of Toxic Substances Control (DTSC)

California Coastal Commission (CCC)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. California's industrial property transfer legislation gives the California Environmental Protection (Cal/EPA)'s Department of Toxic Substances Control (DTSC) the responsibility for designating certain real estate that has been contaminated with hazardous waste as either "hazardous waste property" or "border zone property" and requiring that the designation be recorded on the property deed. The property may be subject to future use restrictions in addition to the deed disclosures. There are provisions for removing use restrictions and deed notations under certain circumstances.

California law also requires that any owner of nonresidential real property who knows or who has reasonable cause to believe that a hazardous substance has been located or released on the property to give written notice of the condition to the buyer of the property.

Coastal property buyers and investors may ...

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State Requirements

National | Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |

California Property Transfer Resources

Forms Well Disclosure Certificate

Property Transfer Products

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