Every year, new laws go into effect. I wish I could write a column about all the
laws that are taken off the books, but alas, I’d have nothing to write about. Instead, I’ll
share information about a couple of laws that affect property owners.

Defensible Space

     In 2026, all property must have a five-foot ember-resistant zone, though it’s not
exactly clear when this requirement goes into effect. Until now, California properties had two fire-safety zones or “defensible space zones”: Zone 1 extended from the structure out to 30 feet, and Zone 2 extended from the edge of Zone 1 to 100 feet from the structure. The closer the zones are to the structure, the less vegetation is allowed.

     With Assembly Bill 3074, which passed in 2020, there will be a third zone: Zone
0. In Zone 0, property owners must remove flammable materials likely to be ignited by
embers in the five feet immediately adjacent to a structure. The State Board of Forestry
and Fire Protection was supposed to write regulations establishing the standards for
Zone 0 and update a guidebook to incorporate those new standards by January 1, 2023, but they failed to do so.

     In January 2025, fires in Los Angeles burned about 16,000 structures. At the
time, the Zone 0 regulations and guidelines hadn’t been completed, and the media
publicized this tidbit of information. In response, Governor Newsom issued an executive order requiring the Board to finalize the regulations by the end of 2025. As of September 2025, draft regulations for Zone 0 are in the final stages of the formal
rulemaking process, with public comment periods underway.

     I have questions, as I’m sure many do. I own a commercial building where
landscaping is closer than five feet from the building. We keep it watered, so it would be
unlikely to burn in the event of an ember landing on it. However, if a firestorm such as
those that came through Mendocino County in 2017 were to happen again, any
landscaping becomes tinder for flames. In general, we should all keep landscaping
away from homes and other structures.

     I’ll be curious to see how the specific guidelines related to this law are put into
practice.

Thirdhand Smoke Residue in Residential Property
     As of 2026, it is the sole responsibility of sellers to disclose actual knowledge of
any residue from smoking tobacco or nicotine products in residential real estate sales, or any history of occupants smoking tobacco or nicotine products (including vaping) on the property.

     This adds to the many disclosures already required in California. Basically, if you know (or should reasonably have known) that a smoker used tobacco or nicotine in your home, say so. It’s probably safe to assume that if you didn’t buy your house brand new, someone probably smoked there. List it on the disclosure form and move on. When you make the disclosure upfront and immediate, and there’s absolutely no discernable evidence of tobacco or nicotine residue, 99.9% of people will sign off on the Transfer
Disclosure Statement without a problem.

     If you don’t disclose this and the buyer discovers that there was tobacco or
nicotine use, the buyer then has a right to cancel the purchase agreement within three
days of delivery if personally delivered or five days if delivered electronically. This
basically gives people who wanted to get out of the agreement a way to cancel at the
eleventh hour. Don’t give them the out.

     Note, if there is a lease agreement for a year or longer, the landlord must make
the same disclosure.

     If you have questions about property management or real estate, please contact
me at [email protected] or call (707) 462-4000. If you have an idea for a future
column, share it with me and if I use it, I’ll send you a $25 gift certificate to Schat’s
Bakery.

     Dick Selzer is a real estate broker who has been in the business for more than
50 years. The opinions expressed here are his and do not necessarily represent his
affiliated organizations.