AB 38 in San Diego: What Buyers and Sellers Need to Know Before Escrow
If you're buying or selling real estate in San Diego County, California Assembly Bill 38 (AB 38) isn't just paperwork. It can directly affect your escrow timeline and closing conditions.
This guide covers what every San Diego buyer and seller should know about the state's Fire Hardening and Defensible Space disclosure law.
🔍 What Is AB 38?
AB 38 was signed in 2019, and its home-sale rules took effect July 1, 2021. It applies to residential properties with one to four units in a High or Very High Fire Hazard Severity Zone. Sellers of these homes must give buyers two key things before escrow closes:
Proof of defensible space compliance. This covers vegetation management within 100 feet of the home.
Home hardening disclosures. These describe fire-resistant retrofits and weak points in the home. They're required for homes built before January 1, 2010.
People in the industry say "AB 38," but the rules now live in the California Civil Code. Section 1102.19 covers defensible space, and Section 1102.6f covers the home hardening disclosure.
📍 Why It Matters in San Diego
In 2025, the State Fire Marshal released its first fire hazard map update in 14 years. Across San Diego County, "very high" hazard land grew by 26%, and some urban areas got that rating for the first time.
The City of San Diego then adopted its own updated map, which took effect August 30, 2025. The city added canyon-rim areas the state map had left out. Today, about two-thirds of the city is in a Very High Fire Hazard Severity Zone, which is more than 220,000 properties.
Many urban-fringe, canyon-adjacent and East County neighborhoods now fall inside these zones. That includes parts of Scripps Ranch, Tierrasanta, Poway, Ramona and La Mesa. If you haven't checked your address since the new maps came out, check now. Homes that were outside a zone a few years ago may be inside one today.
📋 The 3 Core Requirements
1. Defensible Space Inspection
Get an inspection. Sellers need a defensible space inspection report from the right agency. Inside the city, that's usually San Diego Fire-Rescue. Elsewhere, it may be your local fire district or CAL FIRE.
What inspectors check. The report shows that brush and other fuels within the 100-foot buffer are managed.
Watch the timing. Many agencies require the report to be dated within six months of the sale, so an old report may not count.
If you can't finish before closing. The buyer and seller can sign a written agreement. Under it, the buyer agrees to get proof of compliance within one year after escrow closes.
2. Home Hardening Disclosures
Sellers must disclose features that make the home vulnerable to embers. They must also disclose any low-cost retrofits they've completed. Examples include:
Ember-resistant attic and soffit vents with 1/8-inch or finer mesh
Dual-pane windows with at least one tempered pane
Class A fire-rated roofing
Non-combustible gutter covers
Zone 0 clearance, which is a non-combustible strip 0–5 feet around the foundation
Zone 0 is coming. San Diego is phasing in new "Zone 0" rules for this 5-foot ember-resistant area. They apply to new construction first, and existing homes will have to comply later. Sellers who clear this area now are ahead of the curve.
3. Insurance Alignment
Documenting AB 38 compliance does more than clear escrow. In high-risk brush zones, insurers increasingly ask about defensible space and home hardening. A clean inspection report and documented retrofits give buyers a stronger position when they shop for homeowners insurance.
💡 Quick Action Plan
For sellers:
Check your address on the CAL FIRE and City of San Diego fire zone maps before you list.
Schedule your defensible space inspection early so it doesn't stall escrow.
Take care of easy fixes before the inspector arrives. Clear brush, remove ladder fuels, and move woodpiles and other combustibles away from the house.
Use the current state disclosure forms. The official retrofit list was updated July 1, 2025, so older forms may be out of date.
For buyers:
Review the seller's AB 38 disclosures early in your contingency period.
Budget for any defensible space or home hardening work the report calls for.
If you sign an agreement to take over compliance, mark your calendar. You'll have one year after closing.
The Bottom Line
In San Diego, wildfire risk is now part of the real estate transaction in many neighborhoods. Sellers who prepare early tend to close more smoothly. Buyers who read the disclosures carefully avoid surprises after they move in.
-Zsuzsanna
This article is for general informational purposes only. It is not legal, real estate, insurance or financial advice. The information was believed to be accurate as of September 2026. Wildfire laws, Fire Hazard Severity Zone maps, local ordinances and disclosure forms change often, and requirements vary by city, fire district and property.
Before making decisions about a purchase, sale or disclosure, confirm the current requirements with your local fire agency. Depending on your location, that may be San Diego Fire-Rescue, CAL FIRE or your local fire protection district. For advice about your situation, consult a licensed real estate professional, attorney or insurance agent. Reading this article does not create a professional or client relationship of any kind. The author accepts no liability for actions taken based on this content.
