You’re getting ready to sell, and you know about a former military training location near your house. Does that belong in your disclosures?
Yes, if the location meets the statutory definition, is within one mile, and your residential transfer is subject to the rule. California Civil Code 1102.15 requires a seller with actual knowledge to give written notice as soon as practicable before transfer of title.
The details matter: what you actually know, what the government has identified, and the distance from your property. A reference to past military use alone doesn’t answer every part of that question.
When does the disclosure duty apply?
The duty applies when a seller in a covered residential transfer has actual knowledge of a qualifying former federal or state ordnance location within one mile of the property.
Civil Code 1102.15 ties those elements together. It does not create a blanket notice requirement for every property near land described as having a military history.
Start with the knowledge you have. Then consider whether that knowledge concerns the kind of location the statute defines and whether it falls within the stated distance. Those are separate questions, even when they arise from the same information.
Some transfers are exempt. Ask your agent or an attorney if you need to establish whether your transfer is covered. The broader California seller disclosure guide provides context for your disclosure work, while this particular notice turns on the language of this section.
What counts as a former ordnance location?
A qualifying location is an area the federal or state government has identified as once used for military training purposes which may contain potentially explosive munitions.
The statute specifies identification by an agency or instrumentality of the federal or state government. That government identification is part of the definition. An area someone merely suspects was used for military training does not, on that suspicion alone, establish a qualifying location.
Keep the wording precise. The statute says the area “may contain potentially explosive munitions.” Whether such munitions are present is uncertain under that wording; it does not establish that they are there.
A seller’s notice should reflect the knowledge being disclosed without turning that definition into a broader claim about the property. The section does not make findings about an individual home’s condition. It also says nothing about testing or cleanup, so those subjects should not be presented as conclusions supplied by this disclosure law.
How close does the location have to be?
The statute defines the “neighborhood area” as within one mile of the residential real property.
That is the distance used for this particular disclosure duty. The rule does not ask whether the location feels nearby or whether someone considers it part of the same neighborhood. It supplies a specific boundary.
When you discuss the issue with your agent, use that statutory distance rather than a general description such as “in the area.” A familiar neighborhood name doesn’t answer the distance question.
The boundary also needs to stay in context. Section 1102.15 expressly preserves disclosure obligations created by other law and obligations that exist to avoid fraud, misrepresentation, or deceit in the transaction. Its one mile definition should not be treated as a complete answer to every possible disclosure question. If you have information whose treatment is unclear, ask your agent or an attorney how to address it.
Do you have to research nearby locations?
Section 1102.15 does not require you to research or investigate; its disclosure duty rests on actual knowledge.
That distinction matters when you’re preparing to sell. The text does not direct every seller to search for former military training areas before completing disclosures. Don’t turn a rule about disclosing known information into an investigation requirement the section does not contain.
At the same time, an absence of a research requirement does not erase knowledge you already have. If you actually know of a qualifying location within one mile, the written notice requirement applies to a covered transfer.
If you’re unsure whether a location is one the government has identified, ask your agent. Keep that question separate from whether you have heard an informal description of the land. The statutory definition requires more than someone’s suspicion, and the notice concerns your actual knowledge of a location that fits that definition.
What must the written notice include, and when is it due?
The statute requires written notice of your knowledge as soon as practicable before transfer of title, but it does not specify a form or page.
Written notice is the express requirement. A conversation alone does not satisfy the instruction to give notice in writing. Work with your agent on how to document the knowledge you are disclosing; ask an attorney if the wording raises a legal question.
Timing is part of the duty, too. “As soon as practicable before transfer of title” is the statutory language. It should not be shortened to an instruction that disclosure can wait until title transfers.
The notice concerns what you know about the qualifying location. Section 1102.15 does not ask you to supply conclusions about value or insurance, and it says nothing about testing or cleanup. Avoid adding unsupported conclusions to make the notice sound more complete. Accuracy means stating the known information and preserving the limits of that knowledge.
How does this fit with other seller disclosures?
This notice is a separate disclosure duty, and it does not replace obligations imposed by other law.
Section 1102.15 sits in the same Civil Code article as the Transfer Disclosure Statement. That placement does not tell you which form or page to use for this notice. The section itself leaves that unspecified, so ask your agent how the written notice will be handled in your transaction.
A natural hazard disclosure report is a different document, which the guide to natural hazard disclosure reports explains. This notice is its own duty under Section 1102.15, and it turns on what the seller actually knows.
Other known property matters also need their own consideration. For example, disclosing unpermitted work concerns a different disclosure topic. Completing paperwork on one subject doesn’t answer the requirements for another. Here, the statute expressly says its disclosure requirement does not limit or abridge other disclosure obligations.
Can the requirement be waived, and what can a buyer ask?
The requirements of Article 1.5 of the Civil Code cannot be waived, and a buyer can ask the agent about the location and the written notice.
Civil Code 1102(c) states that any waiver of the requirements of Article 1.5 is void as against public policy. Section 1102.15 belongs to that Article 1.5. A proposed waiver therefore does not remove an applicable notice requirement.
For a buyer reviewing a notice, useful questions stay close to what the document says. What knowledge is the seller disclosing? Does it concern a government identified location within one mile? If the location’s status is unclear, ask your agent.
The section does not prescribe a buyer’s response. It also supplies no conclusion about value, insurance, testing, or cleanup. Don’t read the existence of a notice as a statutory answer to those separate subjects.
This is general information and not legal advice. Ask an attorney for advice about how the law applies to your transaction.
The short version
If you actually know of a qualifying former federal or state ordnance location within one mile, a covered residential sale requires written notice as soon as practicable before transfer of title.
The qualifying location must meet the government’s identification requirement in the statutory definition. Suspicion alone is not that definition, and the section does not require you to conduct research.
For your disclosure paperwork, focus on the knowledge you have and the written notice the law requires. Ask your agent about an unclear location or how to document the notice. Bring questions about coverage or legal wording to an attorney.
Keep the rest of your disclosures in view. This section preserves other disclosure obligations.
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Common questions
Do I have to disclose a former military ordnance location near my house?
If the residential transfer is subject to Civil Code 1102.15 and you have actual knowledge of a qualifying location within one mile, you must give written notice as soon as practicable before transfer of title.
Does the law require me to research nearby former military locations?
Section 1102.15 ties the disclosure duty to actual knowledge. It does not require the seller to research or investigate.
What counts as a former federal or state ordnance location?
The statute defines it as an area identified by a federal or state government agency or instrumentality as once used for military training purposes which may contain potentially explosive munitions.
Does this notice have to go on a particular form?
Section 1102.15 requires written notice but does not specify a form or page.
Can a buyer waive the disclosure requirement?
Civil Code 1102(c) says any waiver of the requirements of Article 1.5, the part of the Civil Code that contains this disclosure rule, is void as against public policy.
