What is a CASp Report and Do I Need It?

If you own or manage commercial property in California, you've probably heard the term "CASp" thrown around, but what exactly is it and do you actually need one? Let's break it down in simple terms.

What is a CASp Report?

A CASp report is a professional accessibility inspection document prepared by a Certified Access Specialist (CASp). A CASp is a professional who has been tested and certified by the California Division of the State Architect to be an expert in disability access laws and construction-related accessibility standards.

During the inspection, a CASp evaluates your property to determine whether it complies with federal and state accessibility standards, including the Americans with Disabilities Act (ADA) and California Building Code. The inspection covers everything from parking spaces and entrances to restrooms, pathways, and signage.

After the inspection, you may receive two important items:

• A detailed CASp inspection report that identifies any accessibility violations and provides recommendations for fixing them

• A Disability Access Inspection Certificate (DAIC) - a blue, sequentially numbered certificate with the California state seal that serves as proof your facility was inspected. This is optional. You may still receive a detailed CASp inspection report without the DAIC.

Do I Need a CASp Report?

The simple answer is: CASp inspections are voluntary, but highly recommended.

However, there are some situations where disclosure is required:

When Disclosure is Mandatory

If you're a commercial property owner or landlord, California law requires you to disclose in every lease whether your property has been inspected by a CASp. This disclosure requirement has been in effect since 2013, and landlords must also provide copies of any CASp reports to prospective tenants.

When You Should Strongly Consider Getting One

You should definitely consider a CASp inspection and DAIC if you:

• Own or manage any commercial property open to the public

• Want to protect yourself from costly ADA lawsuits

• Neighboring businesses are being sued and want time to remediate

• Are planning renovations or alterations to your property

• Want to demonstrate good faith compliance efforts

The Legal Benefits: "Qualified Defendant" Status

Here's where CASp reports (with DAIC) really shine. If you get a CASp inspection before any accessibility lawsuit is filed against you, you become a "qualified defendant". This special status provides significant legal protections:

90-Day Stay of Proceedings: You get a 90-day pause on any lawsuit, preventing attorneys from racking up fees and giving you time to address issues or negotiate.

Early Evaluation Conference: The court acts as a mediator between you and the plaintiff to help resolve disputes without going to trial.

Reduced Statutory Damages: Instead of facing $4,000 per violation under California's Unruh Civil Rights Act, your damages are reduced to $1,000 per violation.

120-Day Grace Period: Small businesses (50 or fewer employees) that commit to fixing all violations within 120 days get additional protection from minimum statutory damages during that period.

How Much Does a CASp Report Cost?

The cost varies based on your property size and complexity, but here are typical ranges:

• Small to medium commercial facilities: $1,000 - $3,000

• Most properties: $1,000 - $3,000

• Larger or more complex properties: Can exceed $10,000

While this might seem expensive, consider that a single ADA lawsuit can easily cost $25,000 or more in legal fees and settlements. The inspection cost is often a fraction of what you'd pay in litigation.

The Bottom Line

A CASp report isn't legally required for businesses, but it's one of the smartest investments you can make as a California property owner or business operator. Think of it as insurance against costly ADA lawsuits that have become increasingly common in California.

The key is timing - you must get the CASp inspection before any lawsuit is filed to receive the legal protections. Once you're already facing litigation, it's too late to get qualified defendant status for that particular case.

Given that California sees nearly half of all ADA Title III lawsuits filed in the United States, and accessibility violations can result in significant penalties, a CASp report provides both peace of mind and tangible legal protection. It's a proactive step that demonstrates your commitment to accessibility while protecting your business from predatory lawsuits.

Whether you're managing a small retail shop or a large office complex, a CASp inspection can help you identify issues before they become expensive legal problems, making it a wise investment for any California business owner.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.