AB 38 Disclosures: Selling Near Open Space In Foothill Ranch

Selling a home near Foothill Ranch’s open space can be a big draw for buyers, but it also means you need to navigate California’s wildfire disclosures. If your property sits near Whiting Ranch, you have likely heard about AB 38 and defensible space. Getting it wrong can slow escrow or create risk. In this guide, you’ll learn what AB 38 requires, how to confirm if your address is in a mapped fire zone, who handles inspections, and practical steps to keep your sale on track. Let’s dive in.

What AB 38 means for Foothill Ranch sellers

AB 38 added wildfire-related disclosures and sale-time documentation to California transactions in certain fire zones. If your home is in a High or Very High Fire Hazard Severity Zone (FHSZ), you must address two things: a seller fire-hardening notice for older homes and documentation of defensible space compliance. You can review the bill text and intent in the AB 38 legislative record for context on the statute’s origin.

Two key sale-time requirements

• Fire-hardening notice for pre-2010 homes. If your property is in a High or Very High FHSZ and your home was built before January 1, 2010, you must provide the prescribed seller notice that explains potential vulnerabilities and resources. As of July 1, 2025, the notice must also include the State Fire Marshal’s “low-cost retrofit” list and which listed items you have completed. See the statute at Civil Code §1102.6f and the referenced low-cost retrofit guidance.

• Defensible-space documentation. For properties in a High or Very High FHSZ, the seller must provide documentation that the property complies with state or local vegetation rules, obtained within the six months before entering into the sale. If you cannot obtain it before closing, the buyer and seller must sign a written agreement assigning the buyer to get the documentation within the statutory timeframe. See Civil Code §1102.19.

Why open space next to Whiting Ranch matters

Foothill Ranch borders Whiting Ranch Wilderness Park and nearby preserved foothills. This is classic wildland-urban interface terrain where chaparral and dry grasses can carry fire toward neighborhoods. The area has seen significant fire activity, including the 2007 Santiago Fire and the 2020 Silverado Fire, which is why fire mapping and disclosures draw attention here. For context on local history and setting, review the Whiting Ranch background.

How to confirm if your home is in a mapped FHSZ

Start by checking your address in the State Fire Marshal’s official Fire Hazard Severity Zone viewer. If your property is mapped High or Very High, AB 38 documentation applies. If it is outside those zones, AB 38’s zone-triggered requirements generally do not apply, though you still must provide standard natural hazard disclosures. Use the CAL FIRE/OSFM FHSZ viewer. For local process details and scheduling notes, see the OCFA AB 38 page.

Who does the inspection and what to expect

In much of Lake Forest and Foothill Ranch, the Orange County Fire Authority (OCFA) handles defensible-space inspections tied to AB 38. Some addresses may fall under a city fire department or CAL FIRE. The inspection produces a written report used in escrow, often based on the LE-100A-style checklist that covers zones near structures, typically 0–5 feet, 5–30 feet, and 30–100 feet, consistent with PRC §4291 guidance. See examples and explanations in this overview of the LE-100A-style inspection report, and check OCFA’s AB 38 guidance for scheduling.

Timeline and escrow tips

The law requires defensible-space documentation obtained within six months before you enter into the transaction. Order the inspection early so you have time to complete any vegetation work and receive the certificate. If documentation is not available before closing, the fallback is a written buyer-seller agreement assigning the buyer to obtain it within the statutory period, which is commonly up to one year where local rules do not require immediate seller compliance. Review the timing language in Civil Code §1102.19.

Low-cost retrofits: what you may disclose in 2025

AB 38 references a State Fire Marshal list of low-cost retrofits that reduce ember entry and ignition risks. Examples commonly include gutter screens, ember-resistant vent covers, and removing combustibles within five feet of structures. Beginning July 1, 2025, sellers must indicate which listed items have been completed on their property. Get familiar with the low-cost retrofit list and guidance and keep receipts for any upgrades you disclose.

Special notes for HOAs and shared edges

If your property is part of an HOA, confirm which areas you maintain and which the association controls. Inspections typically stop at the property line, so it helps to document HOA obligations for common slopes or perimeter landscaping in case an inspector cites vegetation outside your control. For context on how this is handled in practice, review this HOA-focused overview.

Seller checklist for Foothill Ranch

• Verify zone status in the FHSZ viewer. If not in a High or Very High FHSZ, the AB 38 zone-triggered pieces generally do not apply.
• If in High or Very High FHSZ, request an inspection and sale-ready documentation from your jurisdictional agency. Many Foothill Ranch addresses will use the OCFA AB 38 process. Aim to obtain documentation within six months of entering the transaction.
• If your home was built before 2010, complete the required seller fire-hardening notice. See Civil Code §1102.6f. After July 1, 2025, include the low-cost retrofit list and note which items you completed.
• If documentation will not be ready before closing, prepare the required buyer-seller agreement assigning the buyer to obtain it within the statutory timeframe. See Civil Code §1102.19.
• If applicable, coordinate with your HOA so roles and vegetation responsibilities are clear before inspection.

Buyer checklist for Foothill Ranch

• Ask for AB 38 defensible-space documentation early. If the seller proposes a post-close agreement assigning you the task, confirm the timing and potential costs.
• If the home was built before 2010 in a mapped FHSZ, request the seller fire-hardening notice and any receipts for listed retrofits.
• Discuss coverage and potential discounts with your insurance broker. Documented hardening and defensible space can help with underwriting conversations. See the State Fire Marshal’s FHSZ and preparedness resources.

Insurance and market considerations

Placement in a mapped FHSZ does not automatically determine insurance eligibility, but carriers pay attention to home hardening and defensible space. Having inspection documentation and completed retrofits can be useful when you shop coverage or discuss discounts. You can point insurers to official FHSZ and preparedness resources as part of the conversation.

Ready to sell near open space with confidence? Our team knows Foothill Ranch and the AB 38 process. If you want a clear plan for inspections, disclosures, and presentation, reach out to Verso Homes for thoughtful, investment-smart guidance.

FAQs

What is AB 38 and does it apply to Foothill Ranch homes near open space?

• AB 38 adds wildfire disclosure and defensible-space documentation requirements for properties in mapped High or Very High FHSZ; start by checking your address in the official FHSZ viewer.

How recent must a defensible-space inspection be for a Lake Forest sale?

• The seller must provide documentation obtained within the six months before entering into the transaction or use a buyer-seller agreement to obtain it post-close; see Civil Code §1102.19.

Who performs AB 38 inspections in Orange County?

• OCFA handles many Foothill Ranch addresses, while some properties may use a city fire department or CAL FIRE; see the OCFA AB 38 page for process and contacts.

What qualifies as a low-cost retrofit under AB 38 in 2025?

• The State Fire Marshal’s list includes affordable ember-resistance and ignition-reduction measures; review the low-cost retrofit guidance and disclose which items you have completed.

What happens if required AB 38 disclosures are missing before closing?

• Transactions can be delayed and seller risk increases; the statute allows a written buyer-seller agreement to obtain documentation after closing within the required timeframe per Civil Code §1102.19.