Complete Compliance Guide
AB‑38 Defensible Space Disclosure Requirements
Everything California sellers need to know about compliance
Key Takeaways
- Effective July 1, 2021, sellers of properties in SRA or VHFHSZ must provide defensible space documentation
- Documentation proves compliance with PRC §4291 or local vegetation management ordinances
- If documentation isn't available at closing, buyer and seller can agree for buyer to obtain it post-close
- Local fire authorities or qualified inspectors can provide required documentation
Overview: What is AB‑38?
Assembly Bill 38 (AB‑38), codified as California Civil Code §1102.19, requires sellers of residential properties in high fire hazard areas to provide documentation of defensible space compliance to buyers. This law, effective July 1, 2021, ensures buyers are informed about the property's wildfire mitigation status and helps maintain safer communities in fire-prone areas.
The law specifically states: "On and after July 1, 2021, a seller of a real property... located in a high or very high fire hazard severity zone... shall provide to the buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances..."
Who Must Comply with AB‑38?
Properties Subject to AB‑38
The law applies to residential property sales in:
- 1.State Responsibility Areas (SRA)
Areas where CAL FIRE has primary financial responsibility for wildfire suppression
- 2.Very High Fire Hazard Severity Zones (VHFHSZ)
Local Responsibility Areas designated by CAL FIRE as having extreme wildfire risk
Not sure if your property is affected? Check CAL FIRE's FHSZ Viewer or contact your local fire authority to verify your property's designation.
Defensible Space Requirements Under PRC §4291
The documentation must prove compliance with Public Resources Code §4291, which establishes defensible space zones around structures:
Zone 0 (0–5 feet)
Ember-Resistant Zone
- • Remove all dead vegetation
- • Replace combustible mulch with noncombustible alternatives
- • Remove flammable plants
- • Repair or replace damaged vents/screens
- • Move combustible items away from structure
Zone 1 (5–30 feet)
Lean, Clean, and Green Zone
- • Remove dead vegetation and debris
- • Keep grass mowed to 4 inches
- • Create horizontal spacing between shrubs
- • Create vertical spacing between vegetation
- • Remove vegetation under large trees
Zone 2 (30–100 feet)
Reduced Fuel Zone
- • Cut annual grass to 4 inches
- • Create horizontal and vertical spacing
- • Remove fallen leaves and needles
- • Remove small conifers between mature trees
Additional Requirements
Structure & Access
- • Clear roof and gutters of debris
- • Trim branches 10 feet from chimneys
- • Maintain clear access for emergency vehicles
- • Stack firewood away from structures
Timeline & Critical Dates
60–90 days before listing
Schedule initial property assessment and begin defensible space work
30–45 days before listing
Complete major vegetation work and schedule inspection
14–21 days before listing
Obtain inspection documentation and compile disclosure packet
At closing
Provide documentation to buyer or execute buyer-completion agreement
Acceptable Documentation
Several types of documentation can satisfy AB‑38 requirements:
Local Fire Authority Inspection
CAL FIRE or local fire department inspection report showing compliance
✓ Often free but may have wait times
✓ Most widely accepted by agents and underwriters
✓ Valid for one year from inspection date
Qualified Inspector Certification
Documentation from a qualified third-party inspector
✓ Faster scheduling than government inspections
✓ Typical cost: $200–$500
✓ Must be from recognized certification program
Local Vegetation Management Compliance
Documentation of compliance with local ordinances that meet or exceed PRC §4291
✓ May be required in addition to state requirements
✓ Check with local fire authority for specific requirements
✓ Some jurisdictions have their own inspection programs
Buyer Completion After Closing
Alternative Compliance Option
Per Civil Code §1102.19(b), if documentation isn't available at closing, the seller and buyer may enter into a written agreement where the buyer agrees to obtain documentation after closing.
Key provisions of buyer-completion agreements:
- • Must be in writing and signed by both parties
- • Timeline depends on local ordinance availability
- • If local ordinance exists: Follow ordinance timeline
- • If no local ordinance but inspection available: Within 1 year
- • If no local ordinance and no inspection available: Within 1 year of program availability
Step-by-Step Compliance Process
Verify Property Location
Confirm your property is in an SRA or VHFHSZ using CAL FIRE maps or contact your local fire authority.
Assess Current Conditions
Walk your property to identify non-compliant areas. Take "before" photos for documentation.
Complete Defensible Space Work
Address all zones according to PRC §4291 requirements. Focus on Zone 0 first as it's most critical.
Schedule Inspection
Contact CAL FIRE, local fire authority, or qualified inspector. Allow 2–4 weeks for government inspections.
Document Everything
Take "after" photos, organize inspection reports, compile work receipts and create disclosure packet.
Provide to Buyer
Submit documentation through your agent for inclusion in transaction paperwork.
Frequently Asked Questions
What if I can't get an inspection before closing?
You can enter into a written agreement with the buyer for them to obtain documentation after closing. The timeline depends on local ordinances and inspection availability, but typically must be within one year.
Do I need to maintain my neighbor's property?
No, you're only responsible for vegetation on your own property. However, document any hazards from neighboring properties in case questions arise during inspection.
What if my property fails inspection?
Complete the required work noted in the inspection report and schedule a re-inspection. Most properties pass after addressing the specific issues identified.
How much does compliance typically cost?
Costs vary widely based on property size and current conditions. Basic vegetation clearing might cost $500–$2,000, while extensive work on larger properties can exceed $5,000. Inspection fees range from free (CAL FIRE) to $200–$500 (private inspectors).
Does AB‑38 apply to all property types?
AB‑38 applies to residential properties, including single-family homes, condos, and multi-family buildings in designated fire hazard zones. Commercial properties have different requirements.
What documentation should I keep?
Keep copies of inspection reports, before/after photos, work receipts, contractor invoices, and any correspondence with fire authorities. Organize these in a packet for your agent.
Local Variations & Special Circumstances
Important Local Considerations
Los Angeles County
Requires annual brush clearance inspections. Properties must pass LA County Fire inspection in addition to state requirements.
San Diego County
Has its own defensible space requirements that may exceed state minimums. Check with San Diego Fire-Rescue Department.
Marin County
FIRESafe Marin provides local inspection services. Some areas require additional vegetation management beyond PRC §4291.
Nevada & Placer Counties
Living With Fire program offers defensible space evaluations. Local ordinances may have stricter requirements in WUI areas.
Authoritative Resources
Legal References & Official Resources
- California Civil Code §1102.19
The AB‑38 statute requiring defensible space disclosure
- Public Resources Code §4291
Defensible space requirements referenced in AB‑38
- CAL FIRE Defensible Space Guide
Plain-language explanation of defensible space zones and requirements
- Fire Hazard Severity Zone Maps
Check if your property is in an SRA or VHFHSZ
- CAL FIRE Official Website
Contact information for local units and inspection scheduling
Need Help with AB‑38 Compliance?
We handle the entire process: defensible space work, inspection coordination, and escrow-ready documentation.