Wildfire Disclosures: Handle Them Early or Delay the Deal

The home checked every box: views, upgrades, location. But just days before closing, a simple question changed everything: “Where is the defensible space report?”

Silence. What followed wasn’t just a delay it was a scramble to understand wildfire disclosure rules that should have been addressed from the start.

Are wildfire home hardening and defensible space disclosures required in certain California residential transactions?

In California, when a one-to-four-unit residential property is located in a High or Very High Fire Hazard Severity Zone and meets specific conditions, wildfire-related disclosures are required. These include providing information about fire-hardening features and addressing defensible space compliance. The C.A.R. Fire Hardening and Defensible Space Disclosure and Addendum (FHDS) is used to capture and deliver these disclosures within the transaction.

These disclosures are not optional when the conditions apply, they are part of the transaction. The FHDS form serves as the primary tool, prompting sellers to disclose known features that may impact wildfire vulnerability, including roofing, vents, windows, decks, and nearby combustible materials.

But it doesn’t stop there. The transaction must also address defensible space compliance. This creates a second layer of responsibility: either providing documentation of a completed inspection or clearly assigning responsibility for obtaining it after closing. The FHDS helps document both what has already been done and what still needs to be addressed.

Where transactions run into trouble is timing. When these disclosures are delayed or incomplete, they introduce uncertainty, slow down the process, and can lead to renegotiation. What should be routine becomes reactive.

Wildfire disclosures are now a standard part of many California transactions, not a side issue. Addressing them early keeps the process smooth and avoids unnecessary disruption.

Handle wildfire disclosures upfront. Document clearly. Because when these items are missed, the deal doesn’t fall apart, it just slows down at the worst possible time.