What is Assembly Bill 38 (AB-38)?

On or after July 1, 2021, a seller of real property in a Fire Hazard Severity Zone in the State Responsibility Area (SRA) shall provide documentation to the buyer that the property is compliant with Public Resource Code (PRC) section 4291 requirements for the creation and maintenance of defensible space.

Property Seller Compliance

AB 38 requires the property seller to provide the buyer with documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell real property. To comply with the provision of Civil Code section 1102.19 (a)(2), CAL FIRE will provide the necessary inspection and documentation the seller needs to provide to the buyer.

If you recently sold your home and transferred vegetation management responsibility via CAR Form FHDS, the buyer is required to comply with SB-38 within one year of close of escrow.

Property Buyer Compliance

Conversely, if the seller has not obtained documentation of compliance before the sale, the buyer and seller are required to enter into an agreement stating that the buyer will obtain appropriate documentation of compliance with applicable defensible space requirements within one year of the date of the close of escrow.

If you recently purchased your home and the seller transferred vegetation management responsibility via CAR Form FHDS, you are required to comply with SB-38 within one year of close of escrow.

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