Accessibility · October 29, 2026 · 5 min read

Leasing commercial space in California: the CASp disclosure and what it means.

Every California commercial lease must say whether the space has been inspected by a Certified Access Specialist. What the rule requires, what a CASp inspection gives an owner or tenant, and how to plan for it before a build-out.

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By the Builteck team

Accessibility is part of every lease negotiation in California, whether or not anyone raises it. Since January 1, 2017, Civil Code section 1938 has required commercial landlords to state in every lease or rental agreement whether the premises have been inspected by a Certified Access Specialist, or CASp.

For owners, tenants and brokers, the disclosure is a useful prompt. It is the right moment to decide who checks the space, who pays for corrections and how that fits the build-out schedule.

What a CASp is

A CASp is a professional who has passed an examination and been certified by the State of California, through the Division of the State Architect (DSA), on state and federal construction-related accessibility standards. Hiring one is voluntary. State law does not require a CASp inspection.

What section 1938 requires

A statement in every lease: the owner or lessor must say whether the premises have been inspected by a CASp.
Sharing an existing report: if the space was inspected and the owner knows of no changes since, the owner must give the prospective tenant a copy of the report before the lease is signed. The tenant agrees to keep it confidential, except as needed for agreed repairs.
Timing protection for tenants: if the report is not provided at least 48 hours before signing, the tenant may rescind the lease within 72 hours after signing.
Who fixes what: the owner is presumed responsible for correcting violations noted in the report, unless the parties agree otherwise.
When there is no certificate: the lease must include a set disclosure. It explains that a CASp can inspect the premises, that the owner may not prohibit the tenant from getting a CASp inspection, and that the parties must agree on the timing, cost and responsibility for any repairs that inspection identifies.

What an inspection produces

According to DSA, a CASp inspection report states that the site either “meets applicable standards” or was “inspected by a CASp.” Where work is needed, the report includes a schedule for each correction. The CASp also issues a Disability Access Inspection Certificate. DSA is clear that the certificate is a record of inspection, not a certificate of compliance.

Why owners and tenants commission one

DSA describes three benefits: a review by someone who knows which standards apply, an action plan for corrections, and legal benefits that may reduce financial liability in a lawsuit. Under Civil Code section 55.54, a defendant whose site was CASp-inspected may ask the court for a 90-day stay and an early evaluation conference. Under section 55.56, minimum statutory damages can be reduced to $1,000 per offense if the site was CASp-inspected and all violations are corrected within 60 days of service of the complaint.

How it fits a tenant improvement

A CASp report is most useful before design starts. It shows the architect what the entrance, restrooms, parking and route to the space need, and it overlaps with the path-of-travel rules in the California Building Code (Chapter 11B) that apply when a space is remodeled. Practical steps:

Landlords: decide whether to inspect vacant spaces before marketing them, so the report is ready to share.
Tenants and brokers: ask for the report early, and put the repair responsibilities in the lease or work letter.
Everyone: bring the report to the architect and contractor at the first site walk, so corrections are priced and scheduled with the build-out, not after it.
Use the DSA list of Certified Access Specialists to find an independent CASp who performs inspections.

This article is a general summary of published state law and DSA guidance, not legal or code advice. Lease terms and accessibility obligations depend on the property and the agreement; consult your attorney and a CASp. Our architect reviews accessibility on every Builteck tenant improvement, and we coordinate CASp inspections when a project needs one.

See our in-house architect and engineers and commercial services, or request a bid for your project.