Assembly Bill 38 (AB-38) – Real Estate Defensible Space Inspection

What is AB-38?

As of July 1, 2021, California Assembly Bill 38 (AB-38) requires that property owners selling a home in a High or Very High Fire Hazard Severity Zone (VHFHSZ) must provide buyers with documentation proving compliance with defensible space requirements (California Civil Code Section 1102.19).

If compliance documentation is not available before closing escrow, the buyer and seller may agree in writing that the buyer will obtain it within one year of closing.

Seller Disclosure & Home Hardening Requirements

In addition to providing documentation of compliance with defensible space requirements, as of July 1, 2025, sellers must also:

• Provide information about the availability of fire-resistant retrofits, using the State Fire Marshal’s Low-Cost Retrofit List.
• Disclose whether any of these retrofits have been completed during their ownership.

The seller must also disclose known vulnerabilities of the home’s structure, such as:

• Gaps in eaves, siding, or roofing where embers could enter
• Single-pane or non-tempered glass windows
• Roof materials not rated as Class A fire-resistant
• Lack of noncombustible or ember-resistant vent screens
• Combustible materials or landscaping within 5 feet of the home
• Rain gutters without noncombustible covers
• Missing metal flashing where decks meet walls

For a full list of recommended measures, refer to CAL FIRE’s Low-Cost Retrofit List (PDF).

How to Request an AB-38 Compliance Inspection

AB-38 inspections are now processed through the City’s EnerGov online portal:

1. Create an account in EnerGov (the online permitting system).
2. Once logged in, click on the "Apply" button.
3. Select the type of permit:
   • Choose "Permit", then
   • "Fire Permit", and finally
   • "Fire General".
4. From the list, click on:
   • "Fire General – AB 38 Real Estate Disclosure".
5. Please note: A $43 fee will be charged for the inspection.

Do I Need an AB-38 Inspection?

You must request an AB-38 compliance inspection if:

• Your property is located in a High or Very High Fire Hazard Severity Zone (VHFHSZ).

🔎 Check if your property is in a VHFHSZ:

Additional Resources

🔗 More information on AB-38: StoryMaps.ArcGIS

Questions?

For questions about fire hazard severity zones, defensible space requirements, or inspection requests, please contact:

📞 (818) 548-3814

📧 vmp@glendaleca.gov