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California AB 38 seller disclosure
California AB 38 transfer rules live in two Civil Code sections. § 1102.19 is defensible-space documentation at sale in a high or very high fire hazard severity zone. § 1102.6f is a fire-hardening notice for homes built before 1 January 2010 in those same zones, including the State Fire Marshal’s low-cost retrofit list on or after 1 July 2025. Neither section is a building permit. Neither is Safer from Wildfires.
You are in escrow looking at a natural-hazard disclosure, a defensible-space letter, and a checklist of vents and gutters. The letter is 1102.19. The checklist is 1102.6f. The permit set, if any, is CWUIC. Three documents.
This page is the escrow file, not a house drawing. Civil Code §§ 1102.19 and 1102.6f are the opened sources.
Why it matters
Sellers treat the form as a retrofit mandate and stall the sale. Buyers treat a one-year buyer-agreement as a free pass on defensible space. Agents paste Safer from Wildfires onto the escrow file. The Civil Code splits documentation of vegetation-management compliance from disclosure of known vulnerabilities and completed low-cost retrofits. It does not rewrite Chapter 7A.
How it works
The trigger geography is a high or very high fire hazard severity zone identified by the Director of Forestry and Fire Protection. See how to read a CAL FIRE FHSZ map. Moderate is not this trigger.
The transfer article applies to residential property subject to Civil Code 1102. This page does not expand that article to commercial or to a land-only deal.
The paths
| Document | When | What it is | What it is not |
|---|---|---|---|
| Civ. 1102.19 | 1 July 2021 on | PRC 4291 / local veg-management documentation at sale | A re-roof order |
| Civ. 1102.6f notice | 1 January 2021 on, home built before 1 January 2010 | Statutory fire-hardening paragraph plus known-vulnerability list | CWUIC |
| Civ. 1102.6f retrofit list | 1 July 2025 on | State Fire Marshal low-cost list and which items the seller completed while owning | A required SKU |
| Safer from Wildfires | Insurance | CDI credit list | This escrow file |
| CWUIC | Construction where mapped | Adopted WUI book | A disclosure |
1. Defensible space file (1102.19). The seller provides documentation that the property complies with PRC 4291 or a local vegetation-management ordinance.
- If the city or county requires that document by ordinance, the seller provides a copy that meets the ordinance and says where to get another copy.
- If there is no such ordinance, but a state or local agency, other government entity, or qualified nonprofit inspects in that jurisdiction, the seller provides documentation obtained in the six months before entering the sale.
- If the seller has not obtained it, seller and buyer shall enter a written agreement that the buyer will obtain it. Where no local ordinance sets the clock, the buyer has one year after close of escrow.
- The agreement does not stop an agency from enforcing defensible space.
2. Fire-hardening notice (1102.6f). If the home was built before 1 January 2010, the seller gives the statutory paragraph that the house sits in a high or very high zone and was built before WUI building codes, and points the buyer to readyforwildfire.org. On or after 1 July 2025 the seller also attaches the low-cost retrofit list and marks which listed retrofits, if any, the seller completed during ownership. Separately, the seller discloses which listed vulnerable features exist of which the seller is aware:
- Eave, soffit, and roof vents with openings larger than 1/8 inch, or not flame- and ember-resistant
- Untreated wood-shake or wood-shingle roofs
- Combustible landscaping or other materials within five feet of the home and under an attached deck
- Single-pane or nontempered glass
- Loose or missing bird stops or roof flashing
- Rain gutters without metal or noncombustible covers
If the seller has a final inspection report under Government Code 51182, the seller provides a copy or says where to get it.
3. Do not upgrade the house because this page said so. 1102.6f(c) says the section shall not be construed as a requirement for building-code formulation, including Chapter 7A. New construction still follows CWUIC where it applies. Existing-house work still follows the hardening ladder.
4. Oregon. These sections do not travel. Oregon’s seller-disclosure statute is a different book.
What people mix up
- Treating 1102.19 as a Class A roof mandate.
- Treating a one-year buyer agreement as immunity from PRC 4291.
- Treating 1102.6f as Safer from Wildfires.
- Treating “seller is aware” as a home-inspection warranty.
- Running AB 38 on an Oregon listing.
How to check
- Confirm the parcel’s FHSZ on CAL FIRE’s map. High or very high is the 1102 trigger. See how to read an FHSZ map.
- Ask the city or fire district whether it has a 1102.19 ordinance and who inspects.
- If you are the seller of a pre-2010 house, complete 1102.6f from what you know. Do not guess a listing ID.
- If documentation is missing, put the buyer-agreement in writing. Calendar one year.
- For the house itself, read CWUIC or the hardening ladder, not this form.
Limits
This page is not a real-estate form and not legal advice. It does not reprint the California Association of Realtors checklist. FireApproved is not CAL FIRE and not an escrow company. Local vegetation ordinances can be stricter than PRC 4291. Confirm the inspector.
Related records
Questions
Does AB 38 make me re-roof before escrow closes?
No. Civil Code 1102.19 is documentation that the property complies with Public Resources Code 4291 or a local vegetation-management ordinance, or a written agreement that the buyer will obtain that documentation. Civil Code 1102.6f is a disclosure notice for pre-2010 homes. 1102.6f(c) says the section is not a requirement for present or future building-code formulation, including Chapter 7A / CWUIC.
What if the seller has no inspection yet?
If the seller has not obtained 1102.19 documentation, the seller and buyer shall enter a written agreement. Where no local ordinance requires the document, and an inspection is available, the buyer shall obtain documentation of compliance within one year of close of escrow. An agency can still enforce defensible space.
Does this apply in Oregon?
No. 1102.19 and 1102.6f are California Civil Code. Oregon’s seller-disclosure form is a different statute. Do not paste this file onto an Oregon listing.
Is this Safer from Wildfires?
No. Safer from Wildfires is a California Department of Insurance credit list. AB 38 disclosure is a transfer document. IBHS is a designation. None of those is a listing.