AB 38 Fire Hardening in California: What Central Coast Home Sellers and Buyers Need to Know
By Johannes Steenkamp, REALTOR® | Keller Williams Realty, Santa Barbara
If you own or are buying a home in the Santa Barbara, Montecito, or Santa Ynez Valley foothills, there's a good chance California's wildfire disclosure law — Assembly Bill 38 (AB 38) — touches your transaction. And as of July 1, 2025, it asks more of sellers than it used to.
Here on the Central Coast, we've lived through the Thomas Fire, the Montecito debris flow, and more red-flag warnings than any of us would like. AB 38 is the state's attempt to make our homes more "fire hardened" and to make sure buyers know exactly what they're getting. Below is a plain-English breakdown of what the law requires, what changed in 2025, and what it means for your sale or purchase.
People first. Property second. This post is here to help you make a confident, informed decision — not to bury you in code sections. If you want a straight answer about your specific property, reach out anytime.
Key Takeaways
AB 38 is a disclosure law, not a renovation mandate. In most cases, sellers must disclose their home's fire-hardening status — they are not forced to retrofit.
It applies to homes in a High or Very High Fire Hazard Severity Zone (FHSZ).
Since July 1, 2021: sellers must document compliance with defensible space rules — or agree in writing that the buyer will handle it within one year of closing.
Since July 1, 2025: sellers must also share the State Fire Marshal's Low-Cost Retrofit List, disclose which of those upgrades were completed during their ownership, and note known structural vulnerabilities.
Insurance is the real deal-breaker. A clean disclosure won't save a sale if the buyer can't get a policy — so hardening your home is about more than paperwork.
What Is AB 38?
AB 38 is a California wildfire-safety law signed in 2019. It does three main things: it supports local defensible-space inspection programs, it directed the State Fire Marshal to create a list of affordable ways to make existing homes more fire resistant, and — the part most sellers feel — it created new disclosure requirements when you sell a home in a high-fire-risk area.
Importantly, AB 38 aims at existing homes, not new construction (California already has strict "Chapter 7A" building codes for new builds in fire zones). The law generally applies to homes built before January 1, 2020.
Does AB 38 Apply to My Home?
AB 38's disclosure duties kick in when all of these are true:
The property is a residential building of one to four units that requires a standard Transfer Disclosure Statement (most home sales do).
The home sits in a High or Very High Fire Hazard Severity Zone.
The home was built before January 1, 2020.
How to check your zone: Search your address in CAL FIRE's Fire Hazard Severity Zone Viewer. Large stretches of our local foothills and canyon communities fall inside these zones — including parts of Montecito, the Santa Barbara Riviera and mesa-adjacent hillsides, and much of the rural Santa Ynez Valley. If you're not sure where your property lands, I'm happy to look it up with you.
What Changed on July 1, 2025?
Before 2025, AB 38 was largely about defensible space — the buffer of cleared, managed vegetation around your home.
The 2025 expansion added a home-hardening disclosure layer. Now, sellers in fire zones must:
Provide the State Fire Marshal's Low-Cost Retrofit List to the buyer.
Disclose which of those retrofits were completed during their ownership.
Disclose known vulnerabilities in the structure — think gaps in eaves, siding, or roofing where wind-blown embers could sneak in.
To make this consistent, the California Association of REALTORS® updated its Fire Hardening and Defensible Space Advisory, Disclosure, and Addendum (the "FHDS" form) in mid-2025, which walks sellers through a set of specific home-hardening conditions to disclose. Your agent should be using the current version.
The key nuance: this is a disclosure, not a pass/fail test. You generally aren't required to complete these upgrades to sell — but you are required to answer honestly. Incomplete or inaccurate disclosures are where legal headaches begin.
The AB 38 Timeline at a Glance
2019 — AB 38 signed into law.
July 1, 2021 — Defensible-space documentation required at sale in High/Very High FHSZ.
July 1, 2025 — Home-hardening disclosure and Low-Cost Retrofit List added.
The State Fire Marshal's Low-Cost Retrofit List
This is the heart of the 2025 change. CAL FIRE's list (most recently updated January 1, 2026) highlights affordable, high-impact ways to harden a home. The headliners:
Class A fire-rated roof — upgrade when it's time to replace your roof anyway.
Bird stops — block gaps between the roof covering and sheathing with noncombustible material.
Noncombustible gutter covers — keep leaves and debris from becoming ember fuel.
Spark arrestor screens on chimney and stovepipe outlets (3/8" to 1/2" metal mesh).
Ember- and flame-resistant vents — one of the most effective upgrades, since embers love attic and crawlspace vents.
The list also emphasizes ongoing habits: keeping roofs and gutters clean, clearing combustible material within 5 feet of the home and decks (the emerging "Zone 0" concept), swapping wood mulch for gravel or stone near the structure, and maintaining vegetation clearance out to 30 feet.
Defensible Space vs. Home Hardening — What's the Difference?
These two get lumped together, but they're distinct:
Defensible space is about the landscape — the managed buffer (generally out to 100 feet under Public Resources Code 4291) that slows a fire's approach.
Home hardening is about the structure itself — the roof, vents, gutters, siding, and windows that determine whether a stray ember ignites your house.
Research consistently shows most homes lost in wildfires ignite from embers, not a direct wall of flame. That's why hardening the structure matters as much as clearing the brush.
Why AB 38 Really Matters for Your Sale: Insurance and Value
Here's the part I make sure every client understands: the biggest risk in a fire-zone sale often isn't the disclosure — it's insurance. If a buyer can't secure a homeowner's policy, they can't fund their mortgage, and escrow collapses no matter how clean your paperwork is.
The good news works in your favor. Under California's "Safer from Wildfires" framework, insurers must offer discounts or credits for homes and communities that meet defensible-space and hardening standards. So the same retrofits AB 38 asks you to disclose can also make your home more insurable and more attractive to buyers — turning a compliance task into a genuine selling point.
Being proactive — hardening the home, gathering documentation early, and disclosing clearly — is one of the best ways to protect both your sale price and your timeline.
Frequently Asked Questions
Does AB 38 force me to retrofit my home before selling? Generally, no. AB 38's home-hardening component is a disclosure requirement — you must report your home's condition honestly, but you usually aren't required to complete upgrades to close. (The defensible-space documentation requirement is the exception where compliance, or a written buyer agreement, is expected.)
How do I know if my home is in a Fire Hazard Severity Zone? Check your address in CAL FIRE's Fire Hazard Severity Zone Viewer, or ask me to pull it for you. Many Central Coast foothill and canyon properties qualify.
What if I can't get defensible-space documentation before closing? The buyer and seller can agree in writing that the buyer will obtain the documentation within one year of closing. It's a common path, but buyers do factor it in when negotiating.
Which form covers all of this? The California Association of REALTORS® Fire Hardening and Defensible Space Advisory, Disclosure, and Addendum (FHDS), updated in 2025. Make sure your agent is using the current version.
Does a fire-zone disclosure lower my home's value? It can put downward pressure on price, and it can complicate insurance — but a well-hardened, well-documented home often sells more smoothly and may qualify for insurance discounts. Preparation is what separates a stressful sale from a clean one.
Is AB 38 the same as annual brush clearance? No. Annual brush clearance notices from your local fire agency and the AB 38 point-of-sale requirements are related but separate obligations.
Thinking About Buying or Selling in a Fire Zone?
Fire-zone transactions reward preparation. Whether you're a seller who wants to get ahead of disclosures and insurance, or a buyer who wants to understand exactly what you're taking on, I'll walk you through it step by step — no jargon, no pressure.
Johannes Steenkamp, REALTOR® Keller Williams Realty | CalDRE# 02057072 | SFR®, SRES® Serving Santa Barbara, Montecito & the Santa Ynez Valley 📞 (805) 886-6581 · ✉️ jsteenkamp@kw.com · 🌐 www.johannessteenkamp.com
This article is for general information only and is not legal, insurance, or tax advice. Disclosure obligations and forms change — please confirm current requirements with CAL FIRE, the California State Fire Marshal, your local fire agency, and a qualified professional before acting.