AB 38 Real Estate Transactions

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AB 38 – Real Estate Transactions & Wildfire Disclosure

Assembly Bill 38 (AB 38) was enacted to help reduce wildfire risk by ensuring buyers are informed about property conditions in fire-prone areas.

If you're selling a home in a High or Very High Fire Hazard Severity Zone, here's what you need to know:

  • Defensible Space Compliance

    Sellers must provide documentation that the property complies with defensible space requirements (per PRC 4291 or local ordinances).
    ▸ If unavailable, buyer and seller may agree in writing for the buyer to complete it within 1 year of closing.
  • Disclosure Requirements (Homes built before 2010)

    Sellers must complete the Fire Hardening and Defensible Space (FHDS) disclosure form.
    ▸ This includes noting features like single-pane windows or wood shake roofs, and whether the property has fire-resistant construction or landscaping.
  • Applies to:

    ▸ Residential buildings of 1–4 units
    ▸ Properties located in High or Very High Fire Hazard Severity Zones
  • Check Your Zone:

    Use CAL FIRE’s Fire Hazard Severity Zone Viewer

After you have completed your Zone Check you may proceed to request an inspection:

Fire Department Inspection Request Form