If you're buying or selling an older home in a California high-fire zone, AB 38 adds a special "home hardening" disclosure on top of the usual paperwork.
What AB 38 requires
AB 38 (chaptered in 2019) created new wildfire-related obligations at the time of sale. For property located in a High or Very High Fire Hazard Severity Zone, the seller must disclose to the buyer specified information about fire-hardening features — and, for older homes, features that make the home vulnerable to wildfire.
The two key effective dates buyers and sellers should know:
- July 1, 2021 — the home-hardening disclosure requirement took effect for sellers of homes (generally built before 2010) in high/very-high fire zones, requiring the prescribed disclosure notice and a list of vulnerable features.
- July 1, 2025 — the disclosure notice now also incorporates the State Fire Marshal's list of low-cost retrofits to reduce wildfire risk.
Effective dates and details can be updated — verify the current requirement with your agent and the statute.
Which homes are covered
AB 38's home-hardening disclosure generally applies to homes that are both:
- Located in a High or Very High Fire Hazard Severity Zone (or a state-responsibility/wildland area, per the mapping), AND
- Constructed before 2010 (older homes predate the modern wildfire building standards in California's Building Code, Chapter 7A).
Your NHD report and local fire authority can confirm whether the property is in a qualifying zone.
Defensible space (PRC 4291)
Separate from the disclosure, Public Resources Code Section 4291 requires owners of property in a State Responsibility Area or a Very High Fire Hazard Severity Zone to maintain defensible space — commonly described as managed vegetation clearance around structures (often discussed as 100 feet, in zones).
AB 38 ties into this: for certain sales, the seller may need to provide documentation of compliance with defensible space requirements or, where unavailable, the parties may agree that the buyer will obtain documentation within a set period (commonly discussed as one year) after close of escrow. Confirm the current rule and local enforcement.
The disclosure document
The AB 38 home-hardening disclosure is a multi-page statutory notice (often described as around six pages). It walks through the building features most associated with wildfire vulnerability — roof, eaves and soffits, vents, windows, decks, and the area immediately around the home — and, since July 2025, presents low-cost retrofit options from the State Fire Marshal.
The seller completes and delivers it; the buyer reviews it as part of due diligence.
What buyers and sellers should do
- Sellers: confirm zone status early, complete the AB 38 disclosure accurately, and gather any defensible space documentation you have.
- Buyers: read the hardening disclosure closely, get insurance quotes early (fire-zone insurability and cost can be a deal factor), and consider a defensible space and home-hardening assessment.
- Both: verify current effective dates, qualifying zones, and documentation timelines, since wildfire law in California evolves frequently.
Important Disclaimer
Brian Cooper is a licensed REALTOR® with eXp Realty, not an attorney or CPA. This page is general information about California real estate practice and is not legal or tax advice. Disclosure laws and the standard C.A.R. forms change, and every transaction is different. Confirm the specifics for your situation with the appropriate licensed professional (real estate attorney, CPA, or your county) and the current California law and C.A.R. forms before you act.
Frequently Asked Questions
What is the AB 38 fire-hardening disclosure?
It is a statutory disclosure required when selling certain homes in High or Very High Fire Hazard Severity Zones. The seller discloses fire-hardening information and features that make the home vulnerable to wildfire.
When did AB 38's disclosure requirement take effect?
The home-hardening disclosure took effect July 1, 2021 for qualifying sellers. As of July 1, 2025, the disclosure notice also includes the State Fire Marshal's list of low-cost retrofits. Verify the current requirement.
Which homes have to provide the AB 38 disclosure?
Generally homes built before 2010 that are located in a High or Very High Fire Hazard Severity Zone. Your NHD report and local fire authority can confirm the property's zone.
What is defensible space under PRC 4291?
It is required vegetation management around structures in State Responsibility Areas and Very High Fire Hazard Severity Zones, commonly discussed as up to 100 feet. AB 38 can require documentation of compliance at sale; confirm the current rule.
How long is the AB 38 disclosure?
It is a multi-page statutory notice, often described as around six pages, covering wildfire-vulnerable features and, since July 2025, low-cost retrofit options.
Does the AB 38 disclosure mean the home is safe from wildfire?
No. It discloses features and risk information and points to retrofits. It is not a guarantee. Buyers should still investigate insurability, defensible space, and home-hardening for themselves.
