Fire Hardening & Defensible Space Advisory

Disclosure, and Addendum (C.A.R. Form FHDS, 5/21)

Beginning July 1, 2021, sellers will need to provide documentation that their property is in compliance with defensible space laws, or buyers will be required to agree to obtain such documentation of compliance in the future.

This law applies to:

Sales of residential one to four properties; condominiums or other common interest development units; or manufactured homes;
Where the property is located in a high or very high fire hazard severity zone;
When TDS is required.

NOTE: The FHDS addendum must be included in all contracts for properties located in high or very high fire hazard severity zones, when a TDS is required, that close escrow on or after July 1st, 2021. If the FHDS is not included with the original offer it should be added via seller counter offer.

The seller can find if they are in a high or very high fire hazard severity zone:

Natural Hazard Disclosure Statement ("NHD Statement") to see if either of the boxes pertaining to fire zones have been checked. If either the box for "A VERY HIGH FIRE HAZARD SEVERITY ZONE" or the box for "A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS" has been checked
Cal Fire has made available a "Fire Hazard Severity Zone Viewer" (FHSZ Viewer) which will allow anyone to input the property address and determine which fire hazard severity zone, if any, that the property is located in. The FHSZ Viewer is available at the following site: https://egis.fire.ca.gov/FHSZ/.
Do not rely on any map which visually presents fire hazard zones. You simply do not know how accurate it is.

South Coast Fire Departments/Districts:

City of Santa Barbara Defensible Space Evaluations https://www.santabarbaraca.gov/gov/depts/fire/wildland/wildland_fire_suppression_assessment_district/services/defensible_space_inspections.asp
Santa Barbara County https://www.sbcfire.com/defensible-space-program
Carpinteria - Summerland Fire Protection District https://www.carpfire.com/wildfire-prevention
Montecito Fire Protection District https://www.montecitofire.com/fire-prevention

C.A.R. Information

Legal Q&A https://www.car.org/riskmanagement/qa/disclosure-folder/Defensible-Space-Law

Webinar New & Revised Forms for June 2021 (includes information on FHDS)