Piedmont Municipal Code Div. 8.08 Disclosures Required on Sale of Property

A. Purpose. The purpose of this section is to fairly notify future property owners of important requirements concerning property in the city. Furthermore, the City has determined that prospective buyers of residential properties should be provided with important information regarding the energy use, and the costs associated with that energy use, of the building(s) offered for sale. In addition, the information provided will assist the purchaser in determining how best to improve a home’s energy use in order to reduce long term expenses and greenhouse gas emissions, a goal of the City of Piedmont Climate Action Plan.

B. Required Information. Each person who sells or transfers an interest in real property located in the City of Piedmont must provide the following information to a prospective buyer:

1. A property records search provided by the Planning & Building Department for a nominal fee established by the City Council. This report shall show the building permit history for the property, including which improvements have been approved.

2. A disclosure statement prepared by the Planning & Building Director.

3. For any low-rise residential building, either a Home Energy Score or a Home Energy Audit prepared no more than five years prior to the date the property is advertised or listed for sale, unless the home was constructed within ten years prior to the date of such advertising or listing.

C. Timing of Disclosure. For any sale, transfer, or other transaction of a residential property that is subject to a disclosure requirements under Civil Code section 1102, et seq., the additional information required to be provided to the purchaser by this section shall be provided at the time such disclosures are made, and for all transactions not subject to a disclosure requirements under Civil Code section 1102, et seq., such additional information shall be provided not less than 10 days before close of escrow.

D. Exemption. The requirements specified in this section shall not apply to those sales or transfers listed in Civil Code section 1102.2, subdivisions (a) through (j), and subdivision (l).

Chapter 8 – Building, Construction, and Fire Prevention E. Definitions. In this section, the following words shall be given the below meanings:

Home Energy Audit means a detailed report resulting from a whole-house evaluation, including diagnostic testing using specialized equipment, prepared by a Building Performance Institute, Inc. (BPI) certified Building Analyst to identify and prioritize proposed treatments for improving a home’s energy use.

Home Energy Score, means a score and associated report, using the metrics developed by the U.S. Department of Energy and its national laboratories, prepared by a certified Home Energy Score Assessor that provides homeowners, buyers, and renters directly comparable and credible information about a home’s energy use.

Low-rise Residential Building means a building, other than a hotel/motel that is Occupancy Group: R-2, multifamily, with three habitable stories or less; or R-3, single family; or U-building located on a residential site. (Ord. 751 N.S, 02/2021)

Chapter 8 – Building, Construction, and Fire Prevention