Fire Safety Escrow Disclosures

To help reduce the risk of wildfire destruction, beginning July 1, 2021, sellers of property in high- or very-high fire hazard severity zones must disclose to buyers their home's vulnerability to flying embers. (Civ. Code § 1102.19) This includes items such as:

• Eave, soffit, and roof ventilations that are not flame- and ember-resistant;
• Roof coverings made of untreated wood shingles or shakes;
• Combustible landscaping or other materials within five feet of the home;
• Single-pane or nontempered glass windows;
• Loose or missing bird-stopping or roof flashing;
• >Rain gutters without noncombustible gutter covers.

In addition, the seller must obtain a certificate that their property complies with Section 4291 of the Public Resources Code or local vegetation management ordinances. The default brush clearance requirement is 100 feet on each side and in front of and behind the structure. See the sample Fire Inspection Form.

Condominiums. For single-family homes in planned developments, the owner must inspect and make disclosures. What about condominiums where the structure is owned in common? The statute makes no exception for condos. It states that "the seller of any real property" must make disclosures. This means condominium and townhome association boards need to have their properties inspected and then circulate a report to all members so owners can make appropriate disclosures to buyers.

Fire Map. More than 2,000,000 California households (almost one in four) are located in high- to very-high fire hazard zones. To find out if your property is affected, visit the CalFire website and enter your address. Information on fire hardening, including current building standards and minimum annual vegetation management standards to protect homes from wildfires, is available at ReadyForWildfire.org.

Wildfire Assessment & Defensible Space Services

To find companies that offer wildfire assessment and defensible space services, see "Wildfire Assessment Services" on the Defensible Space page.

Other Seller Escrow Disclosures

See the "Additional Seller Disclosure Obligations."

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.