Real Estate Inspections (AB-38)

Assembly Bill 38 established that, as of July 1, 2021, California Civil Code Section 1102.19 requires a seller of real property located in a High or Very High Fire Hazard Severity Zone to provide the buyer with documentation stating the property is in compliance with defensible space requirements.

The law allows, that if documentation demonstrating compliance cannot be obtained by the close of escrow, the seller and buyer can enter into a written agreement showing that the buyer agrees to obtain documentation of compliance within one year of the close of escrow.

Property owners or their agent should contact their local fire department to find out whether the property requires an inspection. If the property is within the SRA, a real estate inspection is required in both the High and Very High Fire Hazard Severity Zones. If the property is within the LRA, a real estate inspection is required in the Very High FHSZ.

You can use the Fire Hazard Severity Zone map to locate your property and determine which zone your home is in. (click on the binoculars icon to enter the address)

PRC 4291 requires defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, with certain exceptions. The amount of fuel modification necessary considers the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure. The law does not intend the home owner remove all vegetation from around the structure. In fact, plants that are well-pruned and maintained so they do not form a means of rapidly transmitting fire from other nearby vegetation to the structure are quite acceptable. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being utilized between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure.

In local responsibility areas, the local government entity can choose to adopt ordinances that regulate based upon local factors and influences. The idea is to tailor local regulations to the needs of the area, rather than regulate without local considerations. These ordinances must meet or exceed the state standards and are typically voted on by the citizens in the area or are voted in by the governing body.

• Your local fire department and/or government offices would be able to advise you regarding local ordinances that would affect your transaction. You could also search the list of statewide municipal codes. Using terms such as Vegetation Management, Defensible Space or Weed Abatement in the search bar will usually get you to the information you are looking for.

• Take the defensible space self-assessment survey to determine how prepared your home is for wildfire and learn what steps you can take to better prepare your home for wildfire.

In the Very High FHSZ in the LRA, the seller shall request a defensible space compliance inspection from the local Authority Having Jurisdiction (AHJ). 

In the High or Very High FHSZ in the SRA, if a local jurisdiction HAS enacted a defensible space/vegetation management ordinance, the seller shall request a defensible space compliance inspection from the local AHJ.

In the High or Very High FHSZ in the SRA, if a local jurisdiction has NOT enacted a defensible space/vegetation management ordinance, the seller shall request a defensible space compliance inspection from CAL FIRE by using the inspection request feature at  https://www.fire.ca.gov/dspace . 

The law allows the property owner to use inspection documentation that is up to six (6) months old. It is not recommended that you wait until the escrow process before you request a defensible space inspection. In some cases, due to fire activity, scheduling issues, the number of requests, etc., your inspection could be delayed. Be proactive, request your inspection early.

If the seller has not obtained documentation of compliance with the local vegetation management ordinance from a local AHJ or PRC 4291 from CAL FIRE, the seller and buyer shall enter into a written agreement whereby the buyer agrees to obtain documentation of compliance with the local vegetation management ordinance or PRC 4291 within one year of the date of close of escrow.

From the perspective of PRC 4291, the inspection ends at the property line. If the property is located within a jurisdiction that has enacted a local vegetation management ordinance, then the property must comply with the ordinance to be in compliance.

Go to our DSpace information page to learn more about defensible space and many other fire prevention topics.