AB-38 is California Assembly Bill 38 (Wood), signed by Governor Newsom on October 2, 2019. It added two requirements to California home sales in High and Very High Fire Hazard Severity Zones: a home-hardening disclosure for homes built before 2010 (Civil Code §1102.6f, effective January 1, 2021) and documentation of defensible space compliance — the "AB-38 inspection" — before close of escrow (Civil Code §1102.19, effective July 1, 2021).

Is an AB-38 inspection required to sell my house?

If the property is in a designated fire hazard zone, generally yes. In the State Responsibility Area (where CAL FIRE has primary responsibility), AB-38 compliance documentation is required in both High and Very High Fire Hazard Severity Zones. In the Local Responsibility Area (cities and counties), it currently applies in Very High zones. If your home is outside mapped hazard zones, AB-38 does not apply.

How long is an AB-38 inspection valid?

The compliance documentation must come from an inspection completed within six months of the sales contract. A passing inspection from last year does not carry over to a new transaction — sellers typically request the inspection when the home is listed or shortly after going into contract.

What if I can’t get a passing AB-38 inspection before closing?

AB-38 provides an escape valve: the buyer and seller can enter a written agreement in which the buyer accepts responsibility for obtaining defensible space compliance documentation within one year of close of escrow. Many transactions in heavy-backlog jurisdictions close this way — but it shifts the compliance cost onto the buyer, which usually shows up in the negotiated price.

How much does an AB-38 inspection cost?

It varies by jurisdiction. Many fire agencies perform AB-38 inspections free or for a modest administrative fee (commonly $0–$150). Some jurisdictions authorize third-party inspectors whose fees run $150–$500. The remediation work to pass — clearing Zone 0, removing dead vegetation, relocating combustible storage — is the real cost, which is why checking your property before listing matters.

The Law

AB-38 explained: the inspection inside every fire-zone home sale.

Assembly Bill 38, signed October 2019. Since July 1, 2021, selling a home in a California High or Very High Fire Hazard Severity Zone requires documented defensible space compliance — an AB-38 inspection — before close of escrow. Here's how it works and how to pass.

By FireReadyHome Editorial Team · Updated June 12, 2026 · 5–8 minute read

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What AB-38 actually does

Assembly Bill 38 (Wood) was signed by Governor Newsom on October 2, 2019 — one piece of the legislative response to the 2017–2018 fire seasons. Where AB 3074 changed what defensible space is (adding the 5-foot ember-resistant Zone 0), AB-38 changed when compliance gets checked: at the moment a home in a fire hazard zone is sold.

For home sellers and buyers, AB-38 added two requirements:

Home-hardening disclosure (Civil Code §1102.6f, effective January 1, 2021). Sellers of homes built before 2010 in a High or Very High Fire Hazard Severity Zone must disclose fire-hardening features and known vulnerabilities — untreated wood roofs, single-pane windows, unenclosed eaves, combustible landscaping within 5 feet, and similar ember-entry points.
Defensible space compliance documentation (Civil Code §1102.19, effective July 1, 2021). The seller must provide the buyer documentation that the property complies with Public Resources Code §4291 (the defensible space statute) or the local vegetation-management ordinance. This is the “AB-38 inspection” — the part of the law that puts a fire inspector on the property during escrow.

AB-38 also created the framework for the California Wildfire Mitigation Program — the joint CAL FIRE / Cal OES effort behind low-cost retrofit assistance — and since July 1, 2025, the home-hardening disclosure must include the State Fire Marshal's list of low-cost retrofits.

Where AB-38 applies

The inspection requirement keys off the official Fire Hazard Severity Zone maps maintained by the Office of the State Fire Marshal:

State Responsibility Area (SRA) — where CAL FIRE has primary fire protection responsibility: AB-38 documentation is required in both High and Very High Fire Hazard Severity Zones.
Local Responsibility Area (LRA) — cities and county-protected areas: currently required in Very High zones.

Practically, that covers most of the California wildland-urban interface: the Sierra foothills, the North Bay and East Bay hills, the Santa Cruz Mountains, and huge parts of Southern California's foothill and canyon communities. If you don't know your property's zone, the free readiness check below identifies it from your address.

AB-38 in Los Angeles and Santa Clarita

Los Angeles County is the single largest concentration of Very High Fire Hazard Severity Zone homes in California — roughly 30% of the unincorporated county is mapped VHFHSZ, concentrated in the Santa Clarita Valley, the Santa Monica Mountains, and the San Gabriel foothills. After the 2025 Eaton and Palisades fires, it's also the most insurance-distressed.

In LA County, AB-38 point-of-sale inspections run through the Los Angeles County Fire Department's fire prevention program: the seller (or agent) requests the inspection, an inspector walks the property against the county's defensible space standards — which include the Zone 0 ember-resistant framework — and issues a written compliance or deficiency document. In the City of Los Angeles, the LAFD brush-clearance program plays the equivalent role. Santa Clarita, Malibu, and the other contract cities route through county fire.

Demand spikes seasonally: spring and early summer listing season collides with annual brush-clearance enforcement, and inspection scheduling can back up for weeks. Sellers in the Santa Clarita Valley and the foothills should request the AB-38 inspection at listing time, not after going into contract.

How the inspection works

Request. The seller or listing agent requests a defensible space inspection from the local fire agency (or an authorized third-party inspector, where the jurisdiction allows it).
Site visit. The inspector evaluates the property against PRC §4291 or the locally adopted standard — all three defensible space zones, with Zone 0 ember-resistance increasingly on the checklist.
Result. Pass: a written compliance document the seller delivers to the buyer before close of escrow. Fail: a written deficiency list; the seller remediates and requests re-inspection.
Timing. The inspection must have been completed within six months of the sales contract. Older reports don't qualify.

For the full picture of what inspectors check — and the other three inspection channels California homeowners face (CAL FIRE annual, local fire department, insurance carrier) — see Defensible Space Inspection: What to Expect and How to Pass.

If you can't pass before closing

AB-38 anticipates the timing problem. If compliance documentation can't be obtained before close of escrow, the buyer and seller may enter a written agreement in which the buyer accepts responsibility for obtaining the documentation within one year of closing. Three things to know about that path:

It transfers the remediation cost to the buyer — which buyers' agents price into the offer or demand as a credit.
The buyer now owns a legal compliance obligation on a property they may not yet fully know.
The deficiency list from a failed inspection becomes part of the disclosure record either way.

Sellers who handle the work before listing skip all three — and the work itself is usually cheaper off-deadline. For real-world pricing, see Zone 0 Defensible Space Cost.

AB-38 vs AB 3074: two laws, one perimeter

The two bills are easy to conflate and constantly cross-cited. The clean separation:

AB 3074 (2020) defines the standard — it amended PRC §4291 to add the 5-foot ember-resistant Zone 0.
AB-38 (2019) defines an enforcement moment — it requires proof of defensible space compliance when a fire-zone home changes hands.

As the Zone 0 rulemaking finalizes, the standard AB-38 inspections check against gets stricter — which is why a home that passed at purchase a few years ago can fail at sale today. For the full statute story, see AB 3074 Explained: California's Defensible Space Law.

How to pass your AB-38 inspection the first time

Run the free 12-item Zone 0 check before the inspector visits — it covers the items inspectors flag first. Start the check →
Clear the first 5 feet — combustible mulch, woodpiles, stored combustibles, dead container plants, and attached wood fencing against the wall are the most-cited deficiencies.
Clean roof and gutters — the most visible item on any inspection, aerial or on-foot.
Handle dead vegetation property-wide — PRC §4291 applies to the full 100 feet, not just Zone 0.
Request the inspection early — at listing, not in escrow, so a deficiency list leaves time to remediate and re-inspect inside the six-month window.

Related guides

Status as of June 2026. Sources: AB 38 (Wood, 2019); California Civil Code §1102.6f and §1102.19; California Public Resources Code §4291; Office of the State Fire Marshal Fire Hazard Severity Zone maps; local fire agency AB-38 program materials.

Frequently asked questions

What is AB-38?: AB-38 is California Assembly Bill 38 (Wood), signed by Governor Newsom on October 2, 2019. It added two requirements to California home sales in High and Very High Fire Hazard Severity Zones: a home-hardening disclosure for homes built before 2010 (Civil Code §1102.6f, effective January 1, 2021) and documentation of defensible space compliance — the "AB-38 inspection" — before close of escrow (Civil Code §1102.19, effective July 1, 2021).
Is an AB-38 inspection required to sell my house?: If the property is in a designated fire hazard zone, generally yes. In the State Responsibility Area (where CAL FIRE has primary responsibility), AB-38 compliance documentation is required in both High and Very High Fire Hazard Severity Zones. In the Local Responsibility Area (cities and counties), it currently applies in Very High zones. If your home is outside mapped hazard zones, AB-38 does not apply.
Who performs AB-38 inspections in Los Angeles and Santa Clarita?: In Los Angeles County — including the Santa Clarita Valley, the Santa Monica Mountains, and the San Gabriel foothills — AB-38 defensible space inspections are handled through the Los Angeles County Fire Department's fire prevention program. The inspector meets the seller or the seller's agent at the property, inspects against the locally adopted defensible space standards, and issues a written compliance (or deficiency) document.
How long is an AB-38 inspection valid?: The compliance documentation must come from an inspection completed within six months of the sales contract. A passing inspection from last year does not carry over to a new transaction — sellers typically request the inspection when the home is listed or shortly after going into contract.
What if I can’t get a passing AB-38 inspection before closing?: AB-38 provides an escape valve: the buyer and seller can enter a written agreement in which the buyer accepts responsibility for obtaining defensible space compliance documentation within one year of close of escrow. Many transactions in heavy-backlog jurisdictions close this way — but it shifts the compliance cost onto the buyer, which usually shows up in the negotiated price.
How much does an AB-38 inspection cost?: It varies by jurisdiction. Many fire agencies perform AB-38 inspections free or for a modest administrative fee (commonly $0–$150). Some jurisdictions authorize third-party inspectors whose fees run $150–$500. The remediation work to pass — clearing Zone 0, removing dead vegetation, relocating combustible storage — is the real cost, which is why checking your property before listing matters.

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