AB-38 Defensible Space Inspections and Compliance Reports for Real Estate Transactions in High
or Very High Fire Hazard Severity Zone.
Assembly Bill 38 (2019) 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 (FHSZ) to provide the buyer with documentation 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.
Read CIV 1102.19
How do I determine if the property is in Fire Hazard Severity Zone subject to AB-38?
If the property is within the SRA (State Responsibility Area), an AB-38 inspection is required
in both High and Very High FHSZ. If the property is within the LRA (Local Responsibility Area),
an AB-38 inspection is required in the Very High FHSZ. Please use the lookup tool to determine
which zone your home is in and if your property is subject to AB-38 inspection. Vacant parcels
can only be searched by parcel number.
Important note: Some local fire jurisdictions conduct general re-sale inspections regardless
of AB-38 requirements. Contact your local fire jurisdiction or town regarding general
re-sale inspections.