Whenever an action is commenced to declare a building uninhabitable, the plaintiff public agency, at the time of filing the complaint, shall record in the office of the recorder of the county in which the building is situated, a notice of the pendency of the action, containing the names of the parties and a description of the real property upon which the building affected by the action is situated.
§ 405.7.Action Commenced to Declare Building Uninhabitable
Title 4.5. Recording Notice of Certain Actions · Chapter 1. Definitions and General Provisions · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 405.7 requires a public agency that sues to have a building declared uninhabitable to record, at the time it files the complaint, a notice of the action naming the parties and describing the affected real property.
Full Text of § 405.7
Plain-English Summary
This section creates a mandatory recording duty rather than an optional one. When a public agency commences an action to declare a building uninhabitable, it must record a notice of the pendency of that action in the recorder's office of the county where the building sits, and it must do so at the time it files the complaint -- not at some later point.
The notice has to identify the parties and describe the real property where the affected building is located, giving anyone checking title clear warning that a habitability action is pending against the structure before they buy, lend against, or lease the property.
Frequently Asked Questions
When must a public agency record a notice in an action to declare a building uninhabitable?
Section 405.7 requires the notice to be recorded at the time the complaint is filed, in the recorder's office of the county where the building is located.
What must the notice under Section 405.7 contain?
It must contain the names of the parties and a description of the real property on which the affected building sits.
Is recording a notice under Section 405.7 optional for the public agency?
No. The statute requires it -- the agency must record the notice when it files the complaint, unlike the general lis pendens procedure in § 405.20, which lets any qualifying party choose whether to record.
Amendment History
Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: notice of pendency uninhabitable buildingpublic agency lis pendens habitability action