New home hardening and defensible space real estate disclosures in California

SOUTH LAKE TAHOE, Calif. - Those living around Lake Tahoe know the fire danger, but those buying homes may not always be aware of exactly how extreme that danger can be at a home sitting in the middle of a forest.

Starting earlier this year, the seller of a house in a designated high fire area built before 2010 must now disclose to the buyer the property conditions that make the home vulnerable to wildfires. Sellers now must provide buyers a notice that includes language on how to fire harden homes and a list of any specific home features that the seller is aware might make the home vulnerable to wildfire and flying embers. The list can include materials such as untreated wood shingles, single pane glass windows, and combustible landscaping near the home.

Now, on July 1, another new disclosure will be required defining the defensible space a home has. Sellers are required to provide documentation to buyers stating that the property is in compliance with the defensible space laws. While there are no laws on these subjects in Lake Tahoe at this time, insurance companies sure are looking at what's been completed.

"Tahoe is definitely using this disclosure to help educate all new buyers and sellers to the Tahoe area," said Kili Rahbeck, the president of the South Tahoe Association of REALTORS®. "Due to Tahoe's high fire danger throughout the area, this is a great disclosure to help answer some questions in regards to the high fire danger that we are in. This disclosure has become necessary for any and all homes closing after July 1st and some brokerages have begun making this disclosure required well before the July 1st deadline."

Local full-time and long-time homeowners are familiar with the wildfire risks after experiencing the Angora Fire in 2007 and the dozens of major fires outside of the Lake Tahoe Basin over recent years.

Living With Fire, a collaborative education and outreach program founded in 1997 by the University of Nevada Cooperative Extension and supported by members of the Tahoe Fire and Fuels Team, has provided volumes of educational material for residents to incorporate to create a safer home and community (see the series of ten "how-to" topics carried on South Tahoe Now).

Even if not selling or buying a home in Lake Tahoe, home hardening and creating a defensible space are always important tools to a safer home. Local fire departments and agencies will provide inspections and guidance on what needs to be done.

"It is highly recommended to all sellers to find out if their home has any home fire hardening features before putting it on the market so that it is an easy and smooth process for them and the buyers," said Rahbeck. "With this in mind, it has not changed how sellers are selling their home but it definitely is beginning to be a great piece of information for buyers and home insurance companies. By getting the seller to fill out this disclosure prior to putting the home on the market, it could potentially help a buyer secure home insurance. Some of the home fire hardening features that may make the home vulnerable to wildfire and flying embers are eave, soffit, and roof ventilation, roof coverings made of wood shingles and shakes, combustible landscaping, single pane or non-tempered glass windows, loose or missing bird stoppings or roof flashings, and rain gutters without metal or noncombustible gutter covers. Due to the high fire danger in Tahoe, we are thankfully seeing a lot of sellers pass through these checkpoints as they have begun making their home fire safe with the realization of the Angora Fire back in 2007."