What California requires sellers to disclose — and what buyers need to know — in fire hazard zones
Last reviewed: March 2026 · Signed into law: 2019 · Key provisions effective: January 1, 2021 and July 1, 2021
What this law is
Assembly Bill 38, authored by Assemblymember Wood and signed into law in 2019, made two significant changes to California’s real estate disclosure requirements for properties in high fire hazard areas. Both changes took effect in 2021.
The first change, effective January 1, 2021, requires sellers of residential property in a High or Very High Fire Hazard Severity Zone (FHSZ) to provide buyers with a written disclosure notice if the home was built before January 1, 2010. That notice informs the buyer that the home predates the Wildfire Urban Interface (WUI) building codes and may benefit from fire hardening improvements. It must also include information about vulnerable features of the home and a list of low-cost retrofits the seller has completed.
The second change, effective July 1, 2021, requires sellers of residential property in a High or Very High FHSZ to provide documentation showing the property is in compliance with defensible space requirements under Public Resources Code (PRC) 4291 or applicable local vegetation management ordinances. This documentation must be provided before the close of escrow. If it cannot be obtained in time, the seller and buyer may enter into a written agreement in which the buyer agrees to obtain documentation of compliance within one year of the close of escrow.
AB 38 applies to residential properties with one to four units, condominiums, manufactured homes, and common interest development units. It works alongside Civil Code 1102.19, which governs the defensible space compliance documentation requirement.
The fire science behind it
AB 38 exists because the way a home is built has a direct and measurable effect on whether it survives a wildfire. California’s Wildfire Urban Interface (WUI) building codes — adopted in stages since the early 2000s and significantly strengthened after the 2003 and 2007 Southern California fire seasons — require new construction in fire hazard zones to use fire-resistant materials, screened vents, ember-resistant roofing, and other features designed to reduce ignition risk. Homes built before those codes took effect lack these protections.
Research by the Insurance Institute for Business and Home Safety (IBHS) and post-fire investigations by CAL FIRE consistently show that construction era matters. Homes built to current WUI standards survive wildfires at significantly higher rates than older construction under identical fire conditions. The difference is not primarily about vegetation management — it is about how the structure itself responds to ember exposure, radiant heat, and direct flame contact.
AB 38’s disclosure requirement exists to make this vulnerability transparent in real estate transactions. A buyer purchasing a pre-2010 home in a fire hazard zone has a right to know what they are buying — what features make the home vulnerable, what the seller has done to address those vulnerabilities, and what additional work would reduce risk. That information changes the economics of a transaction and allows buyers to make informed decisions.
The defensible space compliance documentation requirement addresses a related issue: at the point of sale, a property’s vegetation and fuel management must meet state or local standards. A transaction that transfers a non-compliant property to a new owner without disclosure transfers both liability and risk. Standard defensible space requirements apply a uniform rule. A fire-informed assessment goes further — analyzing the specific property to identify where risk is actually concentrated and what actions would most reduce it. Learn more at Cal Wildfire Defense.
Who this law applies to
AB 38’s home hardening disclosure requirement applies to sellers of residential property in a High or Very High FHSZ where the home was built before January 1, 2010. It covers 1–4 unit residential properties, condominiums, manufactured homes, and common interest development units that require a Real Estate Transfer Disclosure Statement (TDS).
The defensible space documentation requirement applies more broadly — to any seller of residential property in a High or Very High FHSZ, regardless of when the home was built.
Both the State Responsibility Area (SRA) and the Local Responsibility Area (LRA) are covered. For LRA properties, the relevant standard is the locally adopted vegetation management ordinance rather than PRC 4291 directly, though most local ordinances are based on PRC 4291.
For San Diego County properties, this means virtually all residential sales in fire-country communities — Alpine, Descanso, Julian, Pine Valley, Fallbrook, Ramona, Warner Springs, and surrounding areas — trigger AB 38 disclosure requirements. Many of these communities have additional local ordinances that layer on top of state requirements.
What it requires
Home hardening disclosure — homes built before January 1, 2010
The seller must provide a written notice to the buyer stating that the home is located in a High or Very High FHSZ and was built before the WUI building codes took effect.
The notice must include a disclosure of features that make the home vulnerable to wildfire and flying embers. These include: non-screened or undersized vent openings, roof coverings made of untreated wood shingles or shakes, combustible landscaping or materials within five feet of the home, single-pane or non-tempered glass windows, loose or missing bird stopping or roof flashing, and rain gutters without non-combustible covers.
The seller must also provide a list of low-cost retrofits for fire hardening, with an indication of which retrofits have been completed. As of June 2025, the California Association of Realtors updated its Fire Hardening and Defensible Space Disclosure and Addendum to include a checklist of 12 specific home hardening conditions.
Defensible space compliance documentation — all properties in High or Very High FHSZ
The seller must provide the buyer with documentation showing the property complies with PRC 4291 or applicable local ordinance before the close of escrow. This documentation is typically obtained through a CAL FIRE or local fire agency defensible space inspection.
If documentation cannot be obtained before closing, the seller and buyer may enter into a written agreement for the buyer to obtain compliance within one year of closing. The buyer’s lender may have independent requirements for fire zone properties that cannot be satisfied by a future-compliance agreement — check with the lender early in the transaction.
Official statutory text
The full text of AB 38 and the Civil Code section it created are available at the California Legislative Information website.
Both links open official California Legislative Information sources.
Enforcement
CAL FIRE and local fire agencies conduct defensible space inspections that satisfy the compliance documentation requirement under AB 38. The inspection must be performed by a qualified inspector — typically CAL FIRE staff, a local fire agency inspector, or a certified third-party inspector where local agencies have approved that option.
A seller who cannot obtain a compliant inspection before closing is not automatically blocked from completing the sale — the written agreement option allows the transaction to proceed with the buyer taking on the compliance obligation.
Failure to provide the required disclosures can expose the seller to liability for non-disclosure. Real estate agents representing sellers in fire hazard zones have an independent obligation to ensure disclosure requirements are met.
Addressing the underlying risk
AB 38 creates a disclosure obligation — but the underlying concern it addresses is real regardless of whether a transaction is pending. A pre-2010 home in a fire hazard zone with unscreened vents, combustible mulch against the foundation, wood shake roofing, and single-pane windows is genuinely more vulnerable to wildfire ignition than a home that has addressed those conditions. The disclosure requirement exists to surface that vulnerability. Addressing it protects the structure.
Prioritize the vent envelope
Unscreened or under-screened vents are the primary ember intrusion point in most residential structure ignitions. Replacing vent screens with 1/16-inch to 1/8-inch corrosion-resistant metal mesh is a low-cost, permanent improvement that directly reduces the most common ignition pathway. Foundation vents, eave vents, gable vents, and attic vents all require attention.
Address the roofline and gutters
Wood shake roofing is a significant vulnerability — it is both an ignition surface and a fire spread pathway. If full re-roofing is not immediately feasible, ensuring existing shingles are in good repair and that no gaps exist at ridge lines, valleys, and edges reduces risk. Metal gutter covers or non-combustible alternatives eliminate a common debris accumulation point.
The five-foot perimeter
Combustible mulch, stored items, and vegetation within five feet of the structure are both a Zone 0 compliance issue and an AB 38 disclosure item. Addressing them simultaneously satisfies both requirements and eliminates one of the most easily fixed ignition risks on any property.
Windows
Single-pane windows are vulnerable to radiant heat breakage — once glass fails, the structure interior is exposed to ember intrusion and direct flame. Upgrading to dual-pane tempered glass is a significant improvement. Where full replacement is not feasible, interior window film can provide some additional resistance.
Every one of these vulnerabilities is a problem that can be specifically identified, documented, and addressed. A fire-informed property assessment maps each one against AB 38’s disclosure requirements and gives sellers and buyers a clear picture of what has been done and what would most reduce the home’s actual fire risk.
Related laws
These laws work alongside AB 38 or are directly referenced by it.
- PRC 4291 — The defensible space law that AB 38’s compliance documentation requirement is based on
- Civil Code 1102.19 — The specific code section governing defensible space compliance at point of sale
- AB 3074 — Zone 0 ember-resistant zone, directly relevant to the five-foot perimeter disclosure item
- Chapter 7A — California Building Code fire-resistant construction standards referenced in AB 38SB
- 504 — Insurance mitigation credits that may apply to home hardening improvements
Resources and references
The following are official sources used in preparing this page.
- AB 38 Official Text — Full bill text as signed
- Civil Code 1102.19 — Defensible space compliance at point of sale
- CAL FIRE Defensible Space Inspection Request— Schedule a compliant inspection
- CAL FIRE Home Hardening Guide — Low-cost retrofit list and guidance
- IBHS Home Ignition Zone Research — ibhs.org — Fire science basis for home hardening requirements
Disclaimers
The content on this page is provided for educational purposes only and does not constitute legal advice. Laws and regulations change — always verify current requirements with CAL FIRE or a licensed attorney. Last reviewed March 2026.
Fire science content on this site has been developed with the assistance of AI tools and reviewed for accuracy against current CAL FIRE, NFPA, and peer-reviewed fire behavior research. This content is educational and does not constitute legal or professional advice. For property-specific guidance, consult a qualified wildfire mitigation professional.