How California's New Fire Disclosure Law (AB 38) Impacts Your Home Sale

By Danae Aballi-Mecham

Danae Aballi-Mecham is a long-time real estate industry veteran. She has worked in various positions in the industry having grown from an independent real estate agent to running a team of 5 top producing agents.

If you’re a California homeowner in a hillside, canyon, or rural area, there’s a fire-safety law that can impact your home sale. Assembly Bill 38 (AB 38) took effect in 2021 and requires sellers in Very High Fire Hazard Severity Zones (VHFHSZs) to give buyers a Fire Hardening and Defensible Space Disclosure Statement.

The goal is to protect both sellers and buyers by identifying wildfire risks, verifying defensible space, and improving home safety. Many sellers still don’t realize this law applies to them until it delays their sale, so here’s what you should know.

1. AB 38 applies only to high-risk zones. AB 38 affects homes in Very High Fire Hazard Severity Zones, as mapped by CAL FIRE. These areas face the greatest wildfire risk due to their slope, vegetation, and wind conditions. If your home is in one of these zones, you must complete and provide the Fire Hardening and Defensible Space Disclosure Statement to your buyer.

2. The disclosure identifies wildfire risks. The form inquires about materials and features that impact fire resistance, including your roof, vents, eaves, siding, and nearby vegetation. Buyers use this information to understand how protected your home is against embers or heat. For sellers, it’s a chance to address small issues such as clearing brush or adding ember-resistant vents before listing.

3. Some homes need defensible-space verification. AB 38 works with California’s Defensible Space Law (Public Resources Code Section 4291), which requires at least 100 feet of clearance around structures. Some local fire agencies may require inspection or proof of compliance before closing, so it’s best to check early to avoid escrow delays.

4. Check your fire zone before listing. Visit CAL FIRE’s Fire Hazard Severity Zone Map and enter your address to see if your home is in a Very High Fire Hazard Severity Zone. If it is, AB 38 applies. Homes outside these zones may still have local fire-safety requirements, so confirm with your local agency.

5. Local rules and fees vary. Cities and counties may add their own requirements. Los Angeles, Marin, and Napa counties, for example, charge small inspection fees or require verification before a sale. Contact your local fire department or county office to confirm the exact steps for your area.

AB 38 isn’t meant to make selling harder—it’s designed to make communities safer. Once you know what’s required, preparing your home for sale in a fire-prone area becomes predictable and straightforward. If you’re planning to sell or want to confirm whether AB 38 applies to your property, call or text me at 949-216-8565 or email danae@danaeaballi.com. I’ll help you understand your home’s requirements, connect you with local resources, and make sure your sale moves forward smoothly and confidently.