{
  "section": "4752",
  "code": "California Civil Code",
  "law_code": "CIV",
  "citation": "California Civil Code § 4752",
  "heading": "Rebuilding After a Disaster — Substantially Similar Reconstruction",
  "heading_is_editorial": true,
  "effective": "2026-01-01",
  "amended_by": "Added by Stats. 2025, Ch. 548, Sec. 1. (SB 625) Effective January 1, 2026.",
  "official_credit_line": "Added by Stats. 2025, Ch. 548, Sec. 1. (SB 625) Effective January 1, 2026.",
  "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=4752.",
  "page_url": "https://quoroom.org/law/disaster-rebuild",
  "pending_amendment": {
    "bill": "SB 1433",
    "author": "",
    "act": "An act to amend Sections 733, 2242.2, 2553.5, 3046.1, 4073.5, 4602, 4610, 4826.5, 4858, 6126.7, 16608, and 17810 of the Business and Professions Code, to amend Sections 714.6, 798.14, 798.74.4, 1714.27, 3273.29, 4752, and 8811 of the Civil Code, to amend Sections 697.680 and 1094.9 of the Code of Civil Procedure, to amend Sections 234.7, 35221, 38134, 44043.5, 46392, 49001, 51140, 69436, 70022, 70034, and 88821 of the Education Code, to amend Sections 6915, 12304, and 12309 of the Elections Code, to amend Section 5654 of the Fish and Game Code, to amend Section 21283 of the Food and Agricultural Code, to amend Sections 1031.5, 6215, 6588.7, 8010, 8557, 10233, 10240, 11041, 11123.2, 12100.33, 12100.162, 12910, 12960, 12965, 15475.6, 19829.9854, 53398.52, 54953.4, 54953.8, 54953.8.1, 54954.2, 54957.9, 63049.71, 65589.5, 65914.2, 65950, 66300.6.5, 66323, 67784, 67786, 67788, and 87202 of, and to repeal the heading of Chapter 17.45 (commencing with Section 7289) of Division 7 of Title 1 of, the Government Code, to amend Section 676 of the Harbors and Navigation Code, to amend Sections 1279.6, 1342.74, 1367.25, 1597.640, 8028.73, 17021.8, 17970.3, 38532, 38562, 38562.3, 38591.2, 40100.5.5, 41313, 44501, 44515, 44559.14, 50406.4, 50410, 53545.14, 104660, 104661, and 108980 of the Health and Safety Code, to amend Sections 937, 10123.1933, and 10123.196 of the Insurance Code, to amend Sections 923.1, 1401, and 2810.8 of the Labor Code, to amend Section 59 of the Military and Veterans Code, to amend Sections 136.1, 636.6, 1170, 2780.6, 11105.04, and 13667 of the Penal Code, to amend Sections 4291.5, 4584.1, 4584.2, 5006.1, 5598, 5797.4, 21080.28.5, 21080.43, 21080.44, 25354, 25545, 25545.16, 25545.19, 30166, 30168, 30600.5, and 42652.5 of the Public Resources Code, to amend Sections 748.5, 850, 3299.2, 3310, 8501, and 180305 of, to amend the heading of Chapter 10 (commencing with Section 8500) of Division 4.1 of, and to repeal the heading of Article 7 of Chapter 3 of Division 1.5 of, the Public Utilities Code, to amend Sections 17053.40, 19002, and 23640 of the Revenue and Taxation Code, to amend Sections 21201 and 21450.5 of the Vehicle Code, to amend Sections 351, 50976, 60385, 60414, 74467, and 74850 of the Water Code, to amend Sections 309, 827, 9630, 10213.5, 11330.6, 13300.5, 14005.62, 14005.27, 14105.47, 14132.968, 16000.1, 16121.5, and 18900 of, and to repeal Section 12306.16 of, the Welfare and Institutions Code, and to amend Section 3 of Chapter 578 of the Statutes of 2025",
    "chapter": "57",
    "statutes_of": "2026",
    "citation": "Stats. 2026, Ch. 57 (SB 1433)",
    "chaptered": "2026-06-30",
    "effective": "2027-01-01",
    "act_effective": "2027-01-01",
    "urgency": false,
    "verb": "amended",
    "official_url": "https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1433",
    "checked": "2026-10-11",
    "renumbered": {},
    "renumbered_count": 0,
    "changes": [
      {
        "id": "c-3-E",
        "label": "(c)(3)(E)",
        "was_id": "c-3-E",
        "change": "amended",
        "was": "Any objective design standard in effect at the time the original residential structure was destroyed or damaged in a disaster, provided that the standard does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise rebuild, a substantially similar residential structure.",
        "now": "Any objective design standard in effect at the time the original residential structure was destroyed or damaged in a disaster, provided that the standard does not unreasonably increase the cost to construct or effectively prohibit the construction of, or extinguish the ability to otherwise rebuild, a substantially similar residential structure."
      }
    ],
    "note": "Enacted law that has not yet taken effect. The text in `subdivisions` is the text in force; these are the changes already signed, with the date each starts. Not present in the Legislative Counsel's code tables until then."
  },
  "version_history": [],
  "verified": "two sources agree",
  "verification_note": "Text taken verbatim from the Legislative Counsel of California official code database and checked word for word against an independent publisher.",
  "sources": [
    {
      "url": "https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip",
      "accessed": "2026-10-11",
      "name": "leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL)",
      "note": "Authoritative. Retrieved with tools/fetch.py, which reads the archive's central directory by HTTP range request and fetches only this section's member. The leginfo.legislature.ca.gov HTML page sits behind a bot challenge; this is the same database that backs it."
    },
    {
      "url": "https://california.public.law/codes/civil_code_section_4752",
      "accessed": "2026-10-11",
      "name": "California Public Law (Public.Law)",
      "note": "Independent publisher, used to check the text word for word.",
      "edition": "2025"
    }
  ],
  "subdivisions": [
    {
      "id": "a",
      "label": "(a)",
      "text": "Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document shall be void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-a"
    },
    {
      "id": "b",
      "label": "(b)",
      "text": "A court shall award reasonable attorney’s fees to the owner of a separate interest in a common interest development who prevails in an action to enforce this section.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-b"
    },
    {
      "id": "c",
      "label": "(c)",
      "text": "For purposes of this section, the following definitions apply:",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c"
    },
    {
      "id": "c-1",
      "label": "(c)(1)",
      "text": "“Disaster” means any of the following:",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-1"
    },
    {
      "id": "c-1-A",
      "label": "(c)(1)(A)",
      "text": "A state of disaster or emergency declared by the federal government.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-1-A"
    },
    {
      "id": "c-1-B",
      "label": "(c)(1)(B)",
      "text": "A state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-1-B"
    },
    {
      "id": "c-1-C",
      "label": "(c)(1)(C)",
      "text": "A local emergency proclaimed by a local governing body or official pursuant to Section 8630 of the Government Code.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-1-C"
    },
    {
      "id": "c-2",
      "label": "(c)(2)",
      "text": "“Objective design standard” means a standard that involves no personal or subjective judgment and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the association before submittal.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-2"
    },
    {
      "id": "c-3",
      "label": "(c)(3)",
      "text": "“Substantially similar reconstruction of a residential structure” means a proposal that rebuilds a residential structure on a separate interest located in a common interest development that complies with all of the following:",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3"
    },
    {
      "id": "c-3-A-i",
      "label": "(c)(3)(A)(i)",
      "text": "The local building code.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-A-i"
    },
    {
      "id": "c-3-A-ii",
      "label": "(c)(3)(A)(ii)",
      "text": "For purposes of this subparagraph, a proposal shall be considered to be in compliance with the local building code if the building permit is deemed approved by the local agency with appropriate jurisdiction.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-A-ii"
    },
    {
      "id": "c-3-B",
      "label": "(c)(3)(B)",
      "text": "The interior livable square footage of the rebuilt residential structure will not exceed 110 percent of the square footage that existed when the structure was damaged or destroyed.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-B"
    },
    {
      "id": "c-3-C",
      "label": "(c)(3)(C)",
      "text": "The exterior footprint of the rebuilt residential structure will meet either of the following:",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-C"
    },
    {
      "id": "c-3-C-i",
      "label": "(c)(3)(C)(i)",
      "text": "The rebuilt residential structure will be constructed in the same location and to the same exterior dimensions as the structure that was damaged or destroyed.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-C-i"
    },
    {
      "id": "c-3-C-ii",
      "label": "(c)(3)(C)(ii)",
      "text": "The setbacks for the rebuilt residential structure will be at least four feet from the side and rear lot lines.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-C-ii"
    },
    {
      "id": "c-3-D",
      "label": "(c)(3)(D)",
      "text": "The height of the rebuilt residential structure will not exceed 110 percent of the height that existed when the residential structure was damaged or destroyed, or 100 percent of the height allowed by the governing documents of the association in effect at the time the proposal was submitted, whichever is greater.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-D"
    },
    {
      "id": "c-3-E",
      "label": "(c)(3)(E)",
      "text": "Any objective design standard in effect at the time the original residential structure was destroyed or damaged in a disaster, provided that the standard does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise rebuild, a substantially similar residential structure.",
      "anchor": "https://quoroom.org/law/disaster-rebuild#s4752-c-3-E"
    }
  ]
}