Defensible Space Inspections for Home Sales

Creating and maintaining defensible space is one of the most important things a property owner can do to help protect a home from wildfire. Defensible space creates a buffer between a structure and surrounding vegetation or other combustible material, helping slow the spread of wildfire and providing firefighters with a safer area to work. CAL FIRE similarly describes defensible space as the buffer between buildings and surrounding vegetation that helps slow fire spread. 

California law also requires certain residential properties to provide documentation of defensible-space compliance as part of a real estate transaction.

When Is an Inspection Required?

Under California Civil Code Section 1102.19, sellers of covered residential property located within a High or Very High Fire Hazard Severity Zone may be required to provide the buyer with documentation showing that the property complies with applicable defensible-space requirements. 

This requirement has been in effect since July 1, 2021 and is commonly associated with Assembly Bill 38 (AB 38).

Not every property in Newberry Springs will necessarily be subject to this requirement. Whether the requirement applies depends on the property's designated Fire Hazard Severity Zone.

Property owners, buyers, sellers, and real estate professionals are encouraged to verify the property's designation using the California Office of the State Fire Marshal's Fire Hazard Severity Zone Viewer. The State's current maps classify areas as Moderate, High, or Very High and allow users to search for individual properties. 

Check Your Fire Hazard Severity Zone

What Does the Inspection Look At?

A defensible-space inspection looks at the area surrounding the home and other applicable structures to determine whether the property meets the defensible-space requirements currently in effect.

Depending on the property, inspectors may look at:

• Dead or dying vegetation, weeds, grasses, leaves and other combustible debris
• Vegetation and combustible material around structures
• Tree limbs and vegetation near roofs and chimneys
• Grass height and vegetation spacing
• Combustible material beneath decks, stairs and similar areas
• Firewood and other combustible storage
• Clearance around propane tanks and outbuildings
• Roofs, gutters and areas where leaves or debris may accumulate
• Vegetation and other conditions within the required defensible-space area

The exact requirements may vary depending on the property and the applicable state requirements in effect at the time of inspection. California generally requires defensible space extending up to 100 feet from a structure or to the property line, whichever is closer, where the applicable state defensible-space law applies. 

Documentation for a Real Estate Transaction

Because Newberry Springs does not currently have a local ordinance requiring separate real-estate defensible-space documentation, the state-law process is particularly important.

Under Civil Code §1102.19, when a state or local agency or other qualifying organization provides defensible-space inspections in a jurisdiction without such a local ordinance, a seller can provide the buyer with qualifying documentation obtained during the six months before the seller enters into the transaction. 

If the required documentation has not been obtained before the transaction, state law allows the seller and buyer to enter into a written agreement transferring the responsibility to the buyer. In a jurisdiction without its own ordinance, where an eligible inspection provider is available, the buyer generally has one year from the close of escrow to obtain documentation of compliance. 

If Corrections Are Needed

An inspection does not necessarily mean a property will pass on the first visit.

If conditions are found that do not meet applicable defensible-space requirements, the property owner will be informed of the items requiring correction. The necessary work should be completed before requesting a reinspection.

Once the property meets the applicable requirements, documentation of compliance may be issued for use in the real estate transaction.

Before Requesting an Inspection

Property owners are encouraged to prepare the property before scheduling an inspection. Removing dead vegetation, clearing accumulated debris, maintaining grasses and vegetation, and addressing combustible materials around the home can help make the inspection process smoother.

Defensible space should not be viewed only as something that is needed when a home is sold. Maintaining the property throughout the year can help reduce wildfire hazards and improve conditions for firefighters during an emergency.

Learn More About Defensible Space from CAL FIRE

Request a Real Estate Defensible Space Inspection

If your property is located within the Newberry Springs Fire Department jurisdiction and you need a defensible-space inspection related to a real estate transaction, contact the Fire Department for information regarding inspection availability and scheduling.

Additional Resources

Information on defensible space, wildfire preparedness, and home hardening can be found at ReadyForWildfire.org.

Property owners may also review the Los Angeles County Fire Department – A Guide to Defensible Space: Ornamental Vegetation Maintenance, which provides helpful guidance on landscaping, vegetation maintenance, fuel separation, hardscape, and other ways to reduce wildfire hazards around a home.

For real estate transactions requiring defensible space documentation, you may also view the Newberry Springs Fire Department AB 38 Notice of Defensible Space Inspection.