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Benicia · Buying & selling

Buying or selling a home in Benicia

Benicia charges its own documentary transfer tax when property changes hands. Seller disclosures and property tax follow state law.

Key points

  • Transfer tax: Benicia taxes property transfers over $100 at $0.275 per $500; whoever signs or issues the deed, or benefits from it, pays.
  • Seller disclosures: State law: single-family sellers must give a Transfer Disclosure Statement unless exempt, and written smoke alarm and water heater bracing statements.
  • Property tax: State law caps general property tax at 1% of value; property is reassessed on sale, and its base value rises at most 2% yearly.

Each rule below is marked Benicia code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Transfer tax

Benicia code What Benicia's code adds
City transfer tax
  • Yes. The city taxes each document that transfers real property sold in the city.
    § 3.16.020 · code text
    There is imposed on each instrument or writing by which land, tenement or other realty sold within the city is transferred or conveyed to the purchaser or other grantee
Rate
  • $0.275 for each $500 of value, or fraction of $500.
    § 3.16.020 · code text
    a tax at the rate of $0.275 for each $500.00 or fractional part of $500.00.
Rate per $1,000
  • $0.55 for each thousand dollars of value ($0.275 for each $500 or fraction of $500).
    § 3.16.020 · code text
    a tax at the rate of $0.275 for each $500.00 or fractional part of $500.00.
Price threshold
  • $100
    Applies: The tax applies only when the value conveyed, not counting encumbrances that remain at the time of sale, is more than $100.
    § 3.16.020 · code text
    when the consideration or value of the interest conveyed, exclusive of the value of an encumbrance remaining at the time of sale, exceeds $100.00
Rate depends on price
  • No. One rate applies: $0.275 for each $500 or fraction of $500.
    § 3.16.020 · code text
    a tax at the rate of $0.275 for each $500.00 or fractional part of $500.00.
Who pays
  • The person who makes, signs or issues the taxed document, or for whose use or benefit it is made.
    § 3.16.030 · code text
    The tax imposed under BMC § 3.16.020 shall be paid by the person who makes, signs or issues the instrument subject to the tax, or for whose use or benefit the instrument is made, signed or issued.

CA state law Underneath, California law still applies. County documentary transfer tax: A county may tax a sale over $100 at $0.55 for each $500 of value ($1.10 per $1,000), not counting liens that remain on the property (Rev. & Tax. Code § 11911(a)). City share of the tax: A city may impose half the county rate ($0.55 per $1,000); the county then credits the city tax against its own, so the combined standard rate stays $1.10 per $1,000 (Rev. & Tax. Code § 11931). California rules for buying and selling — the full state rule →

Seller disclosures

CA state law California law sets this statewide. Transfer Disclosure Statement (TDS) — who must give it: Sellers of single-family residential property must give the buyer a Real Estate Transfer Disclosure Statement (sale, exchange, installment contract, lease-option or ground lease with improvements) (Civ. Code §§ 1102(a), 1102.2). Natural Hazard Disclosure Statement (NHD): Sellers must disclose if the property is in a special flood hazard area, dam inundation area, very high fire hazard severity zone, earthquake fault zone, seismic hazard zone, or wildland fire area (Civ. Code § 1103(c)). California seller disclosure rules — the full state rule →

Property tax after you buy

CA state law California law sets this statewide. 1% property tax limit (Prop 13): The general property tax on real property may not exceed 1% of its full cash value; voter-approved bond debt is levied on top (Cal. Const. art. XIII A, § 1(a), (b)). 2% annual cap on assessed value: The base year value rises each year by the California CPI change, but never more than 2% (Rev. & Tax. Code § 51(a)(1)(D)). California property tax rules — the full state rule →

Sewer lateral inspection

Benicia code What Benicia's code adds
Owner's responsibility
  • The owner must maintain the building sewer and all other sewage facilities on the property.
    § 13.60.050 · code text
    The owner shall maintain the building sewer and all other sewage facilities located on his property.
  • The city maintains the lateral sewer only when all of the listed conditions are met.
    Applies: Lateral built to city requirements, city-approved for upkeep; accessible approved cleanout within 5 feet of property line; upkeep needs no moving or damaging private property.
    § 13.60.050 · code text
    The city shall maintain lateral sewers if all of the following conditions are met:
  • The owner of the property served by the lateral sewer must maintain it.
    Applies: When the conditions for city maintenance are not met.
    § 13.60.050 · code text
    Where these conditions do not exist, the owner of the property served by the lateral sewer shall maintain it.

Sidewalk repairs

Benicia code What Benicia's code adds
If the owner does not repair
  • The city may repair and charge the owner, plus inspection and administration costs; unpaid charges may become a lien.
    § 12.48.010 · code text
    including the costs of collection of assessments for the costs of maintenance and repair under subsection (A) of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
  • The city sends notice of the costs and holds a council hearing where liable owners may object or protest.
    Applies: After the repairs or construction are complete.
    § 12.48.060 · code text
    Upon the completion of the repairs or construction, the superintendent of streets shall cause notice of the cost of the repairs or construction to be given
Liability for injuries
  • The owner is liable for injury or damage caused by failing to keep the sidewalk area nondangerous.
    Applies: Not for damage from trees the city owns and maintains or that the council designates by resolution.
    § 12.48.020 · code text
    If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by BMC § 12.48.010, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
Deadline to repair
  • The director of public works may extend the time to start repairs by up to 90 days from the notice.
    Applies: For sufficient cause.
    § 12.48.010 · code text
    the director of public works may, at his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 90 days from the time the notice referred to in said Section 5614 is given.
Who must repair it
  • Owners and permit holders of fronting lots must repair and maintain sidewalks, parking strips, curbs and gutters at their cost.
    § 12.48.010 · code text
    The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor

Utility users tax

Benicia code What Benicia's code adds
Tax on water, phone or cable
  • At most 3.5% of the charges.
    Applies: Communication services (telephone, video and similar); the code states only the maximum rate.
    § 3.26.050 · code text
    The maximum tax imposed by this section shall be at the rate of three and one-half percent of the charges made for such services

Who this affects

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Frequently asked questions

What is the transfer tax when you sell a home in Benicia?

Benicia taxes property transfers over $100 at $0.275 per $500; whoever signs or issues the deed, or benefits from it, pays.

What are the sidewalk repair rules for homeowners in Benicia?

Benicia's code: Owners and permit holders of fronting lots must repair and maintain sidewalks, parking strips, curbs and gutters at their cost. (§ 12.48.010); The city may repair and charge the owner, plus inspection and administration costs; unpaid charges may become a lien. (§ 12.48.010).

Does Benicia charge a utility users tax?

Benicia's code: At most 3.5% of the charges. (Communication services (telephone, video and similar); the code states only the maximum rate.) (§ 3.26.050).

General information, not legal advice.

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