California Assembly Bill (AB) 38 affects anyone buying or selling a home in a wildfire-prone area — specifically, a High or Very High Fire Hazard Severity Zone. Defensible space is the buffer zone around a home, cleared of dense vegetation and other flammable materials, that slows or stops an advancing wildfire. If you're selling, you'll likely need to provide proof that your property meets defensible space requirements before escrow closes. If you're buying, you can request that same documentation to understand the wildfire risk you're taking on.
What is AB 38 California's defensible space law?
AB 38 is a state law requiring anyone selling real property in a High or Very High Fire Hazard Severity Zone (FHSZ) to provide prospective buyers with proof of defensible space compliance. If the seller cannot obtain the proper proof, they can enter into a written agreement with the buyer in which the buyer agrees to get the document.
The document verifies the presence of a required buffer of cleared or reduced vegetation around a structure to help slow wildfire spread and protect the home.
AB 38 was passed in 2019, effective as of 2021, and is part of the state's real estate disclosure requirements under California Civil Code Section 1102.19. The law is intended to increase community wildfire resilience by requiring homeowners to pass a defensible space inspection before their home changes hands.
Does AB 38 apply to your property?
AB 38’s defensible space inspection requirement applies to residential properties of one to four dwelling units located in certain fire zones.
To determine whether AB 38 applies to your property, use CAL FIRE's interactive map tools to identify both your property's Fire Hazard Severity Zone and whether it is located in a State Responsibility Area (SRA) or Local Responsibility Area (LRA), as both determine whether the inspection requirement applies.
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State Responsibility Area (SRA): Defensible space inspection is required in both High and Very High FHSZs
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Local Responsibility Area (LRA): Defensible space inspection is required only in Very High FHSZs
What do sellers need to do before selling their home?
If you’re selling a home in a FHSZ where AB 38 applies, you’ll need to follow the steps below to comply with state law:
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Check the applicability of AB 38 for your address: Use CAL FIRE’s map to confirm whether AB 38 applies to your home sale.
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Request a defensible space inspection: If you’re in an SRA, you’ll need to request an inspection from CAL FIRE. If your home is located in an LRA, you’ll request the inspection through your local fire protection district or municipal fire division.
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Provide proof of compliance to your buyer: Under AB 38, you generally must give the documentation to your buyer before the close of escrow.
If you’re unable to pass the inspection, you have two options:
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Address violation prior to sale: Your failed inspection report will notify you of the steps you must take to pass a subsequent inspection. If your buyer is willing to wait, you can fix all violations and schedule a repeat inspection in order to provide proof of compliance by the close of escrow.
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Transfer compliance efforts to buyer: AB 38 permits the seller and buyer to enter a written agreement where the buyer assumes responsibility for defensible space compliance and promises to obtain proof of compliance within one year of the close of escrow.
Keep in mind that the defensible space inspection process runs alongside, not in place of, other standard disclosures in a California home sale.
Defensible space and home hardening standards
California's residential wildfire safety standards require homeowners to meet certain requirements for both defensible space (clearing flammable vegetation) and home hardening (upgrading building materials to resist embers and flames).
How much defensible space does California require?
Public Resources Code (PRC) 4291 requires homeowners in wildfire-prone areas to maintain 100 feet of defensible space around their home. Within this zone, you'll need to:
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Remove dead vegetation
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Mow dry grass
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Create horizontal and vertical spacing between shrubs and trees
That way, fire can't easily jump from plant to plant. The first five feet closest to your home matter most, since this is where embers are most likely to ignite something that spreads to the structure itself.
What home hardening disclosures does AB 38 require?
AB 38 also requires sellers of homes built before Jan. 1, 2010, and located in a High or Very High Fire Hazard Severity Zone, to disclose any home hardening improvements they've made, along with features that could make the home more vulnerable to fire, such as wood shingle roofs or single-pane windows.
How does defensible space affect your home insurance?
Defensible space isn't just a disclosure requirement for certain home sales — it can determine whether a home qualifies for California home insurance coverage at all. Insurers increasingly weigh mitigation factors, including defensible space and home hardening, when deciding whether to write or renew a policy in high-risk zones.
That makes AB 38 compliance and defensible space inspections useful for more than the sale itself. They can also help you qualify for home insurance discounts.
If you own or purchase a home located in a high-risk fire zone subject to AB 38 requirements, you may see higher home insurance rates along with potential cancellation, nonrenewal, or denial of coverage from some insurers. If you’ve been turned down by multiple insurers, you may have access to basic coverage through the Fair Access to Insurance Requirements (FAIR) Plan.
Frequently asked questions
What is the new defensible space law in California?
California’s defensible space law, often referred to as AB 38, requires homeowners to show proof of defensible space compliance to buyers before the close of escrow. It also ensures that homeowners understand the defensible space status of any newly acquired property in a high-risk wildfire zone.
What is AB 38 in California?
California’s AB 38, passed in 2019 as Assembly Bill 38 and effective as of 2021 under California Civil Code Section 1102.19, is a point-of-sale disclosure requirement for real property sales in high-risk fire zones. Under AB 38, sellers in High or Very High Fire Hazard Severity Zones must provide documentation prior to selling that shows their property passed a defensible space inspection within the past six months.
What is the defensible space code in California?
California requires all homeowners to meet defensible space code requirements, which include clearing vegetation and other potential fuel sources from a 100-foot zone around the home. AB 38 adds the extra requirement of disclosure for real estate sales within High and Very High Fire Hazard Severity Zones.
Is a defensible space inspection required in California?
If you're selling a home in a High or Very High Fire Hazard Severity Zone, California law requires you to pass a defensible space inspection and give the buyer proof of compliance before the close of escrow. If you're not selling, or your home isn't in one of these zones, an inspection isn't legally required — but it's still a good way to check whether your property meets the law's standards and catch any issues before they become a problem.
