RBR Information

In 1972 the Newport Beach City Council adopted Section15.15 into the Newport Beach Municipal Code requiring a City report to all parties involved in a transaction of sale or lease purchase agreement of previously occupied residential property unless exempted in Section 15.15.060, called a Report of Residential Building Records (RBR). This City report allows the City to verify that its residential buildings meet zoning and building code requirements, meet life safety requirements as set forth by the City's Municipal Code and fulfill the State's requirement that all homes have both smoke detectors and seismic strapping of water heaters (California Health and Safety Code, Section 19211). The City Council is authorized to require the Report of Residential Building Records by the Constitution of the State of California, the Newport Beach City Charter and Section 38780, et seq., of the Government Code of the State of California.

An RBR has two parts: the report which contains the permit history and zoning information for the residential building and an inspection which provides an opportunity to identify potentially hazardous conditions. Section15.15.030 of the Newport Beach Municipal Code requires that the owner or an authorized agent obtain the Report of Residential Building Records; however, the field inspection maybe declined. The required report contains the permit history and zoning classification of the property in question. If an inspection occurred it will also detail any corrections that need to be made and documents when they were made. If an inspection was declined, the report will be stamped with the words, "Inspection Declined."

RBRs are good for one year after the date of issuance, provided that no unpermitted work occurs within that period or that there has been no change in ownership of the property. For this reason, staff highly recommends that the owner applies for the RBR when the property is listed. Filing the application as soon as possible assists the City staff in completing the report before the close of escrow.

The owner of any residential building is required to apply for the Report of Residential Building Records no later than three days after entering into an agreement of sale. However, it is very highly recommended by staff that the owner apply for the RBR at the time of listing. This allows time for the report to be completed in a timely manner and gives the owner time to make any necessary corrections before the close of escrow. Please note that an RBR is good for one year provided there is no change of ownership and no unpermitted work has occurred. The owner or an authorized agent may submit the application at the building permit service counter or may submit it by US mail.

 
The City has thirty (30) days to process the report once an application is submitted. Applications must be completed in full and must be signed to authorize or decline inspections, or the application will be returned. The owner must specifically authorize or decline inspection of the property. The Building Records Clerk then researches the report and typically delivers it to the inspector within 3-5 business days. If the owner declines inspections, the clerk will stamp the report "Inspection Declined" and return the report by mail to the owner. The owner must deliver a copy of the application noting this refusal to the other parties or party to the agreement within (3) days of filing the application with the City.

If the owner consents to an inspection, the building inspector will call him/her to arrange for an inspection; it is necessary that the owner, his/her agent, or the buyer be present for the inspection. The emphasis of the inspection is to verify the zoning and building permits records and point out obvious life safety hazards including the State requirement that water heaters are strapped for seismic safety and that smoke detectors are installed. In the case that corrections are required, a reinspection will be scheduled. If the corrections are accepted, the report is signed for final approval and is then delivered to the person attending the inspection.

All noted corrections must be made within 30 days of the inspection. The buyer may accept responsibility for making any necessary corrections, however, agents or sellers have to disclose to the buyer that by accepting the corrections, the buyer is assuming the responsibility to make them in a timely manner, and that the City will pursue all available means to ensure that corrections are made and comply with code.

A Report of Residential Building Records is not required for the following conditions as outlined by Section 15.15.060:

• The first sale of a Residential Building which has never been occupied;
• Transfers pursuant to Court Order, including, but not limited to transfers ordered by a Probate Court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance;
• Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary to a deed of trust by a trustor in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale under default in an obligation secured by a mortgage, or transfers by sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale;
• Transfer by a fiduciary in the course of the administration of a guardianship, conservatorship, or trust;
• Transfers from one Co-Owner to one or more Co-Owners;
• Transfers between spouses resulting from a decree of dissolution of a marriage, a decree of legal separation, or from a property settlement agreement incidental to such decree;
• Transfers by the State Controller in the course of administering the unclaimed property law;
• Transfers to a governmental entity.
• Transactions solely for the purposes of refinancing existing debt secured by the Residential Building.

What is an RBR?

Residential Building Records Report is a Municipal Code mandated report required on residential properties when ownership transfers.

When do I need one?

Generally an RBR is required upon the sale and transfer of residential property. An RBR is not required for the conditions listed below. These conditions are contained in Section 15.15.060 of the Municipal Code, which is shown below:

• The first sale of a residential building which has never been occupied;
• Transfer pursuant to court order including, ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, eminent domain, or transfers resulting from a decree for specific performance;
• Transfers to a mortgage by a mortgagor in default, transfers to a beneficiary to a deed of trust by a trustee in default, transfers by any foreclosure sale after default, transfers by any foreclosure sale under default in an obligation secured by a mortgage, or transfers by sale under a power of sale. After a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, transfers by deed in lieu of foreclosure and a transfer by a beneficiary who has acquired the property by foreclosure or deed in lieu of foreclosure;
• Transfers by a fiduciary in the course of the administration of a guardianship, conservatorship, or trust;
• Transfers from one co-owner to one or more co-owners;
• Transfers between spouses resulting from a decree of dissolution of a marriage, a decree of legal separation, or from marriage property settlement agreement incidental to such decree;
• Transfers by the state controller in the course of administering the unclaimed property law;
• Transfers to a governmental entity;
• Transactions solely for the purposes of refinancing existing debt secured by the residential building;
• Transfers by an owner or owners into a family or living trust, where the owner is a beneficiary or trustee of the trust.

Do I need a City RBR inspection?

A City inspection is not required. However, most buyers insist on an inspection.

The seller has two (2) options:

   - Authorize the inspection;
   - Decline the inspection.

How long are they valid?

An RBR is valid for one (1) year from the date of issuance, so long as no modifications have been made.

What does the inspection address?

  - It compares the history of City records (prepared in the form of a report) to what is visible at the site and that the property is being utilized within the requirements of the Zoning Code.

  - Life safety issues within the building including, but not limited to: 
         -Smoke detectors, water heating seismic safety strapping, legal pool enclosure, etc. 
         -That construction has been completed with all permits. 
         -That the property is being utilized within zoning requirements.

When should I apply for an RBR?

Preferably at time of listing. This allows plenty of time for our staff to research and process the reports, schedule the inspection, and if necessary, make any required corrections, thereby eliminating pressure before escrow closing.

What is the fee?

Flat fee for application:  $208
(Fees are due and payable with applications)

Is there a re-inspection fee?

No - the initial fee allows for this, however if scheduled appointments are not met (without advance notice of change) a re-inspection fee of $134.00 may be charged.

Application Fee    - $208.00

Reinspection Fee - $134.00