Defensible space is a “buffer zone” that homeowners must create between their property and any surrounding flammable vegetation. This buffer helps protect homes from the threat of wildfires. There are state and local laws that require certain property owners to maintain defensible space on their property.
Key Points About Defensible Space Laws:
- Who Needs to Comply?
- Sellers of residential properties (one to four units), condos, manufactured homes.
- Properties located in high or very high fire hazard severity zones.
- Transactions requiring a Real Estate Transfer Disclosure Statement (TDS).
- How to Comply:
- Without Local Ordinance:
- Buyers agree to obtain compliance documentation within a year post-closing.
- Sellers provide documentation obtained within six months prior to the contract.
- With Local Ordinance:
- Buyers comply with local ordinance requirements.
- Sellers provide existing compliance documentation per local ordinance.
- Without Local Ordinance:
- Documentation:
- Use the Fire Hardening and Defensible Space Disclosure and Addendum (C.A.R. Form FHDS) to outline compliance agreements.
- This form offers six options for determining responsibility between buyers and sellers.
- Timing and Agreements:
- Sellers must provide the FHDS within 7 days of acceptance.
- If parties can’t agree on compliance responsibility by the contingency removal date, sellers can issue a Notice to Buyer to Perform and potentially cancel the contract.
To meet legal obligations, sellers should use the Fire Hardening and Defensible Space Disclosure and Addendum (C.A.R. Form FHDS). This form helps parties agree on how to obtain defensible space compliance documentation, offering six compliance options. This requirement aligns with the law mandating the TDS, sharing similar exemptions and cancellation rights. According to the Residential Purchase Agreement, sellers must provide the FHDS within 7 days of acceptance. If no agreement is reached on compliance responsibility by the contingency removal date, the seller can issue a Notice to Buyer to Perform and cancel the contract.
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Shirin Rezania Ramos | 858.345.0685 | www.shirinramos.com | Compass, DRE 0203379
