Do I Need A Real Estate Inspection?
The real estate disclosure law is not about whether a property has to HAVE defensible space,
but about whether you have to DISCLOSE the condition of the defensible space, and whether the point of sale is a TRIGGER for ensuring it is compliant.
The property owner is ultimately responsible for determining if they are subject to CIV 1102.19 when selling a property. A real estate professional, agent, escrow officer, title company, or lawyer may be able to assist in making that determination. C.A.R. (California Association of Realtors) also provides resources to help determine subjectivity. If you’re preparing to sell your home within the Truckee Fire Protection District, you likely DO need a real estate defensible space inspection.
the defensible space disclosure law applies to (according to C.A.R.’s Defensible Space guide):
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; AND
When a Real Estate Transfer Disclosure Statement (TDS) is required.
Townhomes and Condominiums
We’re often asked whether certain townhomes or condominiums are required to have a real estate defensible space inspection. We’re not real estate or legal experts, so we’re not qualified to determine if a property is subject to CIV 1102.19. We can provide the following information:
whether an HOA or the property owner is responsible for it, every structure is required to have defensible space (PRC 4291 and TFPD 02-2012)
defensible space refers to the land OUTSIDE of a building. If the property title only grants ownership of an area within the walls of a building, then there is no defensible space to be maintained
if the owner determines that the property is NOT subject to the disclosure requirements and that the FHDS form isn’t applicable, you don’t need to get Truckee Fire’s verification
TIPS for requesting a real estate defensible space inspection:
An owner or their designee (a real estate professional, property manager, or tenant, for example) can schedule the property sale inspection when preparing to list the property, or even if it’s already on the market. Don’t wait until you’re in escrow to schedule your inspection! The law allows the property owner to use inspection documentation that is up to six (6) months old. So be proactive! Request your inspection early. A recent buyer (or their agent) can also schedule a property sale inspection. In fact, if the seller didn’t provide evidence of defensible space compliance, the buyer is required to bring the property into compliance within one year of the transaction. Compliance is confirmed by an inspection with Truckee Fire.
Request the Correct Inspection
General defensible space inspections focus on educating property owners and residents about wildfire risks and hazards, while working with them to achieve long-term, maintainable resiliency. In contrast, a real estate transaction acts as a point-in-time trigger for defensible space compliance. This ensures the property is transferred to the new owner—often a newcomer to the area—in a compliant condition. The compliant state of the property sets a clear standard for the condition that must be maintained moving forward. This means that more violations could be identified on a real estate inspection than on a general inspection.
Don’t Delay
It is not recommended that you wait until the escrow process to request the inspection. In some cases, due to fire activity, scheduling issues, volume of requests, etc., your inspection could be delayed. Be proactive! Request your inspection early.
Get The Work Done First
Often the fastest way to get a compliant defensible space report is to hire a knowledgeable professional to complete the defensible space work and THEN request your inspection from Truckee Fire. Request estimates from our Service Provider List, inform them that it’s for a property sale, and ask for a guarantee of compliance from your chosen provider. TFPD only needs to visit the property once to VERIFY compliance. If outstanding hazards mean the contractor has to revisit the property, we can often communicate directly with the contractor and resolve the outstanding items via photo resolution. *Note that this generally doesn’t apply within Tahoe Donner Association because TD Forestry must tag trees for removal.
Don’t Duplicate Efforts
If you’ve had a recent defensible space inspection with Truckee Fire (within the last 6 months), you may already have what you need. Email us at dspace@truckeefire.org to see if it fulfills the requirements for the real estate disclosures.
New Construction? Short Term Rental?
The sale of property often coincides with other events that trigger an inspection with Truckee Fire. Sometimes you can address two needs at once by scheduling the right inspection at the right time.
New Construction or remodel: the fire inspection needed to get your Certificate of Occupancy includes a defensible space inspection, which can be used for property sale purposes (as long as the inspection was within 6 months of the transaction date).
Short Term Rentals: the inspection required to renew your STR permit includes a defensible space inspection, which can be used for property sale purposes (as long as the inspection was within 6 months of the transaction date).