Updated on January 19, 2026
As California’s wildfire seasons grow longer and more destructive, real estate disclosure laws have continued to expand in response. California fire disclosure requirements now obligate residential sellers to disclose not only whether a property is located in a fire-prone area, but also specific fire-hardening features and vulnerabilities of the home itself. These disclosure duties reflect lawmakers’ efforts to improve transparency and reduce wildfire-related risks in residential transactions.
Recent updates to California law have further broadened sellers’ disclosure obligations. In addition to traditional natural hazard disclosures, sellers may now be required to provide detailed information about building features, site conditions, and mitigation measures that affect a property’s wildfire exposure. Because these disclosures can influence marketability, insurance availability, and property value, understanding current fire disclosure requirements is increasingly important for both buyers and sellers.
Failure to provide complete and accurate fire risk disclosures may lead to escrow delays, price negotiations, or post-closing non-disclosure disputes under California law.
How Did California’s Fire Risk Disclosures Develop?
California’s fire risk disclosure requirements have evolved over time in response to increasing wildfire activity and its impact on residential properties. Beginning in 1998, state law required sellers of residential real estate to complete a Natural Hazard Disclosure Statement (NHDS), a standardized form that informs buyers whether a property is located within a designated fire-prone area, along with other natural hazard zones.
Over time, lawmakers determined that identifying a property’s location within a fire hazard zone alone was no longer sufficient. Current California law now goes beyond general geographic risk and directs buyers’ attention to specific building components and site conditions—such as construction materials and landscaping features—that can increase a home’s exposure to wildfires and wind-blown embers.
This shift reflects California’s broader move from location-based hazard warnings toward more detailed, property-specific fire risk disclosures in residential transactions.
What Does AB 38 Require Sellers to Disclose?
Assembly Bill 38 (AB 38), enacted in 2019, expanded California’s fire disclosure requirements for certain residential properties located in areas designated as High or Very High Fire Hazard Severity Zones. The law applies to sellers of one-to-four-unit residential properties and focuses on identifying known conditions that may increase a home’s vulnerability to wildfire.
Under AB 38, California sellers must disclose whether they have actual knowledge of specific fire-risk features that could expose the property to wildfire.
These disclosures include whether the seller knows of any of the following conditions:
- Roof coverings made of untreated wood shingles or shakes
- Gutters that lack covers or allow the buildup of flammable debris
- Windows that are not made of tempered glass
- Loose or missing bird stopping or roof flashing
- Combustible materials or landscaping located within five feet of the home or beneath a deck
These required disclosures are intended to give buyers a clearer understanding of how a property may be affected by wildfire risk and which conditions could potentially increase exposure to flames or wind-blown embers. By identifying known vulnerabilities, AB 38 helps buyers assess whether basic fire-hardening measures may be needed to reduce risk.
Sellers are required to disclose only what they actually know; AB 38 does not require inspections or upgrades, but incomplete or inaccurate disclosures may increase the risk of future disputes.
How Does the July 1, 2025 Fire Disclosure Changes Expand AB 38?
Beginning July 1, 2025, California’s fire disclosure requirements will expand further for certain residential properties. Sellers of homes built before January 1, 2010, and located in High or Very High Fire Hazard Severity Zones, must go beyond identifying wildfire vulnerabilities and provide buyers with additional, standardized information.
Under this expanded requirement, sellers must supply buyers with a checklist of specified low-cost fire-hardening measures and clearly indicate which of those measures are currently present on the property—even if none have been completed. This change is intended to improve buyer awareness of practical steps that can reduce wildfire risk without requiring sellers to perform upgrades.
As of July 1, 2025, qualifying California sellers must disclose both wildfire vulnerabilities and whether specific fire-hardening features are present on the property.
The list of recommended fire-hardening measures is developed by the California Department of Forestry and Fire Protection (CalFire) and the California Governor’s Office of Emergency Services (OES), and includes examples such as:
- Replacing the previous roof with a Class A fire rated roof
- Installing ember-resistant vents in attic and crawl spaces
- Blocking gaps between roof coverings with noncombustible bird stop materials
- Covering openings to skylights with noncombustible metal mesh screening with openings
Sellers must disclose whether each listed measure has been completed, regardless of whether they have made any improvements.
The July 1, 2025 expansion emphasizes disclosure and transparency, not mandatory upgrades, but inaccurate or incomplete responses may still create legal risk in a real estate transaction.
Why Do These Fire Disclosures Matter in Real Estate Transactions?
California fire disclosure requirements play an important role in residential real estate transactions because they directly affect buyer decision-making, escrow timelines, insurance availability, and potential legal exposure. When sellers understand and comply with these rules, they can reduce the likelihood of disputes both before and after a sale closes.
An incomplete or inaccurate fire risk disclosure may delay the close of escrow, prompt buyer requests for repairs or price reductions, or result in post-closing claims for non-disclosure or misrepresentation. These issues are more likely to arise in wildfire-prone areas where insurance underwriting and property risk assessments are closely scrutinized.
From a legal standpoint, fire safety features and wildfire vulnerabilities may be considered material facts in a transaction. When such information is not properly disclosed, disputes may arise over whether buyers were given a fair opportunity to evaluate the property’s condition and risk profile.
Because wildfire exposure can influence both property value and insurability, accurate fire disclosures are increasingly central to avoiding non-disclosure claims in California real estate transactions. For guidance on California fire disclosures and selling property in wildfire-prone areas, contact Schorr Law today.
Frequently Asked Questions
Q1: Who Is Responsible for Completing California Fire Risk Disclosures—the Seller or the Real Estate Agent?
- A: The seller is legally responsible for the accuracy and completeness of California fire risk disclosures. While real estate agents may provide disclosure forms and general guidance, liability for non-disclosure or misrepresentation typically rests with the seller. In some cases, agents may also face liability if they provide incorrect advice or fail to disclose material facts they personally know.
Q2: Do California Fire Risk Disclosure Requirements Apply to All Homes?
- A: No. The enhanced fire disclosure requirements primarily apply to one-to-four-unit residential properties located in areas designated as High or Very High Fire Hazard Severity Zones by CalFire. Properties outside these zones may still require general natural hazard disclosures, but they are not subject to the expanded AB 38 requirements.
Q3: What Happens If a Seller Is Unsure Whether a Property Has Certain Fire-Hardening Features?
- A: Sellers are required to disclose what they actually know. If a seller is uncertain, it is generally safer to disclose a lack of knowledge rather than guess. Failing to disclose known conditions—or claiming uncertainty when information is reasonably available—can increase legal risk. Sellers may choose to consult professionals or obtain inspections to better understand the property’s condition before completing disclosures.
Q4: Are Sellers Required to Complete Fire-Hardening Upgrades Before Selling?
- A: No. California law does not require sellers to make fire-hardening upgrades. The obligation is to disclose known fire-hardening features and vulnerabilities. Beginning July 1, 2025, sellers must also indicate which recommended fire-hardening measures are already present, even if none have been completed.
Q5: How Do Fire Risk Disclosures Affect Homeowners Insurance?
- A: Fire risk disclosures can significantly affect a buyer’s ability to obtain or maintain homeowners insurance. Insurers may require certain fire-hardening features before issuing coverage, particularly in wildfire-prone areas. Accurate and complete disclosures can help avoid insurance-related issues and post-closing disputes in California real estate transactions.