If you’re selling a property located in a high or very high fire hazard severity zone in California, you must comply with fire safety standards to protect your home and ensure a smooth transaction. One key requirement is the Defensible Space Inspection. You will see this on a CA Residential Purchase Agreement so let's break it down.
What Is a Defensible Space Inspection?
A Defensible Space Inspection ensures that the area around your home is fire-safe and complies with the fire safety standards set by the California Public Resources Code Section 4291. The inspection focuses on vegetation management to reduce the risk of wildfires reaching your home. If your property is located in a high or very high fire hazard severity zone, you must submit proof of compliance before listing your property for sale.
Why Is This Important for Sellers?
From July 1, 2021, onward, properties in these fire zones must pass a Defensible Space Inspection before they can be listed. Buyers will want to see this proof to ensure the property meets fire safety standards. If your home fails the inspection, it will need to be addressed before you can proceed with the sale.
Who Should Request a Defensible Space Inspection?
Either the seller or the seller's real estate agent can request the inspection. It’s a straightforward process, and it’s essential to get the inspection completed early to avoid delays in your sale. Here’s how to proceed:
How to Request a Defensible Space Inspection
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Fill Out the Request Form
Complete the form to request an inspection for your property. This form is typically available through your local fire department or jurisdiction’s website. Once you submit the form, you’ll receive a confirmation email. -
Wait for the Follow-Up
After submitting your request, you will receive a follow-up call or email from your local Defensible Space Inspector. They’ll schedule the inspection at your convenience. -
Submit the Report with Your Sales Contract
A completed Defensible Space Inspection report must be submitted as part of your sales contract. The report must be no older than six months from the date the property enters into a sales agreement.
What If My Property Doesn’t Pass the Inspection?
Don’t worry if your property doesn’t pass the first inspection. The inspector will provide a detailed explanation of what needs to be done to meet compliance. Once you make the required changes, you can request a follow-up inspection.
If the property still does not meet the required standards after the second inspection, and the seller and buyer agree, you can enter into a written agreement. This agreement allows the buyer to obtain documentation of compliance within one year of closing escrow.
The Santa Clara County Weed Abatement Program
In Santa Clara County, the Weed Abatement Program works to prevent fire hazards from overgrown vegetation. The program inspects properties annually to ensure they meet fire safety standards. Fees are assessed to cover inspection and abatement costs. If your property fails, and the county contractor must intervene, you’ll be responsible for both the contractor’s fees and an administrative charge. However, if your property passes inspection, you won’t incur additional fees beyond the annual charge.
When Should You Submit the Request?
It’s recommended that you request the Defensible Space Inspection early—preferably before listing your property. You’ll need to submit proof of compliance within six months of entering into a sales contract. Early action ensures no delays or complications arise during the sale process.
Ensure Fire Safety for a Successful Sale
Ensuring your property meets defensible space requirements is crucial to selling your home in a high or very high fire hazard zone. Taking action early will help avoid last-minute hurdles and ensure that your home is safe, compliant, and ready for sale.
If you need more information or assistance with submitting your request for an inspection, feel free to reach out to me or your local fire department. Let’s work together to make sure your home is ready for the market and compliant with all fire safety regulations.
