What Is an AB 38 Inspection, and When Do You Need One?

An AB 38 inspection is a defensible space inspection for a home sale. Since July 1, 2021, sellers in High or Very High fire hazard severity zones owe the buyer documentation. It shows the property meets Public Resources Code 4291, the state’s defensible space law, or the local vegetation management ordinance. The fire agencies around Monterey tie that inspection to the six months before the sales contract.

If the seller cannot get the paperwork in time, seller and buyer sign a written agreement instead. The buyer then has one year from the close of escrow to get it. We are based in Seaside and do defensible space clearing in Monterey and across the Monterey Peninsula. The fire agency inspects, and we clear the property to its standard before the inspector comes.

What does the AB 38 rule require?

AB 38 is Assembly Bill 38, a 2019 bill. It set up the sale rule in Civil Code 1102.19, starting July 1, 2021. The paperwork depends on local rules.

• A local ordinance requires documentation: the seller gives the buyer a copy that meets it. The seller also names the agency that holds it.
• No ordinance, but an agency offers inspections: the documentation must come from the six months before the sales contract.
• The seller has none: seller and buyer sign a written agreement. The buyer then gets the documentation within one year of the close of escrow.
• Enforcement still applies: nothing in the rule, including that agreement, limits an agency’s power to enforce defensible space rules.

This guide is general information, not legal advice. Your agent, your escrow officer or your parcel’s fire agency can say how it fits your sale.

Who does AB 38 inspections around the Monterey Peninsula?

The fire agency that serves your address does the inspection. Each agency runs its own program, so the details differ. Where a cell says ask, check with the agency when you book.

North County Fire draws its own line on zones. On State Responsibility Area land, it requires the inspection in High and Very High zones. On Local Responsibility Area land, it requires one in Very High zones.

In Seaside and Del Rey Oaks, the Seaside Fire Department is the fire service. Ask the department how it handles sale inspections. Anywhere else, ask your agent which agency serves the parcel.

What does the inspector look at?

The inspector checks the property against the state’s defensible space rules or the local ordinance. CAL FIRE says 100 feet of defensible space is required by law, in two zones. Under the state rule:

• Zone 1, out to 30 feet: remove all dead or dying grass, plants, shrubs, branches, leaves, weeds and pine needles.
• Zone 2, from 30 to 100 feet: cut annual grasses down to 4 inches or less and space shrubs and trees apart.
• Both zones stop at the property line.

Local rules can be stricter, so the agency’s checklist matters. Monterey County Regional Fire District points sellers to its How To Make My Home Safe checklist. It lists what the inspector looks at. One item is a driveway cleared of brush and branches to at least 12 feet wide and 15 feet high.

That work is mostly brush and grass, and brush clearing handles the slopes and driveway edges. Our masticating head grinds brush, saplings and small trees into mulch where they stand. The brush mower cuts the grass. Limbing larger trees is a tree service’s work. For the full zone rules, see our guide to California’s defensible space requirements.

What happens if the property does not pass?

It depends on the agency. Monterey County Regional Fire District says the inspector explains what work is needed and schedules another appointment. Central Fire says it does not schedule re-inspections at this time, and compliance after the inspection is the owner’s responsibility.

A written agreement can move the paperwork to the buyer. It does not limit the agency’s enforcement of defensible space rules. The clearing still has to happen, before the sale or after it.

When should you book the AB 38 inspection?

Book inside the six-month window, counted back from the sales contract date, not from closing. North County Fire says an inspector normally makes contact within 2 to 3 business days of a completed request. At Monterey County Regional Fire District, the owner, the seller or their realtor can book, and someone must be present.

Grass grows back, so time the mowing close to the inspection date. Clear first, then book, so the inspector sees finished work.

Did the 2025 fire hazard maps change who needs one?

In some places, yes. In 2025 the state issued new fire hazard maps for local areas, including cities. The Seaside Fire Department received its maps on March 10, 2025, with 120 days to adopt them.

Del Rey Oaks shows how much a map can change. The earlier map put about 56 acres of the city in Very High. The 2025 map shows no Very High, but about 519 acres of High, most of the city’s roughly 700 acres.

The sale rule covers High zones as well as Very High. More of the city now sits in a covered zone. Agencies still apply it their own way, as North County Fire’s line shows. Look up your parcel on the state’s fire hazard map viewer, then ask the fire agency what it requires.

Where does Zone 0 stand in October 2026?

Zone 0 is the first 5 feet around a home. As of October 2026, the Board of Forestry says the Zone 0 rules are still in final review. That review is with the state’s Office of Administrative Law. The Board says it will update its page when the review is complete and the Secretary of State publishes the final regulation. Until then, Zone 0 is not in force.

CAL FIRE still calls the first five feet from your home the most important. Monterey County Regional Fire District suggests removing wood chips and bark within 5 feet of any structure. Mulch from mastication belongs out in the larger yard and at the wildland edge, away from the walls.

How do you get the property ready before the inspector comes?

Start with the agency’s checklist and your planned contract date. Clear the brush and grass, then book the inspection inside the window.

Based in Seaside, we work across the Monterey Peninsula, the Salinas area and up the coast to Santa Cruz. We run a compact track loader with a masticating head and a brush mower. The trees you keep stay standing. Selling a vacant lot too? Lot clearing opens it up the same way.

Call or text (831) 200-5377 about defensible space clearing before you sell. We look at the property, or your photos, and put the quote in writing.