Fire Hardening and Defensible Space Advisory (C.A.R. Form FHDS), with detailed explanations .

🔹 GENERAL PURPOSE & UNDERSTANDING

1. What is the Fire Hardening and Defensible Space Advisory (FHDS)?

Explanation:
C.A.R. Form FHDS is a disclosure and advisory form used for residential 1–4 unit properties built before 2010 that are located in a High or Very High Fire Hazard Severity Zone. It informs sellers and buyers about fire hardening features (like ember-resistant vents, roofing, windows) and defensible space laws (vegetation clearance and fire protection zones).

2. When is the FHDS form required?

Explanation:
It is required when:

• The property is residential 1–4 units
• Built before January 1, 2010
• Located in a High Fire Hazard Severity Zone or Very High Fire Hazard Severity Zone

If all three apply, the seller must provide FHDS to the buyer.

3. What if the property is outside a fire hazard zone?

Explanation:
FHDS is not required. However, some brokers may still recommend providing it for buyer awareness.

4. Does the FHDS apply to vacant land?

Explanation:
No. It applies to residential 1–4 units. Vacant land transactions do not require FHDS.

5. Does the FHDS apply to condos or townhomes?

Explanation:
Yes, if the unit itself is in a fire hazard zone, even if the HOA maintains the exterior. The HOA may need to provide compliance information.

🔹 ZIPFORMS-SPECIFIC QUESTIONS

6. Where do I find the FHDS form in ZipForms?

Explanation:
In ZipForms:

• Click “Add Forms”
• Search for “FHDS” or “Fire Hardening and Defensible Space Advisory”
• Add it to your transaction package.

7. Should I add FHDS to my listing templates?

Explanation:
Yes, if you frequently work in wildland–urban interface (WUI) areas such as hillside, rural, or wooded properties. Add it to your ZipForms Listing Templates.

8. Can FHDS be sent for e-signature?

Explanation:
Yes. FHDS can be included in DigiSign, DocuSign, or ZipLogix Digital Ink packages.

9. Does the seller or the buyer sign the FHDS?

Explanation:

• Seller: Completes and signs the form, disclosing fire hardening features.
• Buyer: Signs to acknowledge receipt.

🔹 SELLER DISCLOSURE & LEGAL QUESTIONS

10. What exactly does the seller have to disclose in FHDS?

Explanation:
The seller must disclose known conditions such as:

• Type of roofing material
• Type of vents (ember-resistant or not)
• Type of windows (dual-pane, tempered glass, etc.)
• Gutters with/without screens
• Other fire hardening measures

11. What is “defensible space”?

Explanation:
It is the area around a structure where vegetation is managed or cleared to reduce wildfire risk. California law requires specific clearance distances (30–100 feet, depending on zone).

12. Does the seller need to provide a Defensible Space Inspection Report?

Explanation:
Yes, if the local fire agency requires it. Sellers in applicable zones may need to provide a state or local fire agency inspection report to the buyer.

13. What if the inspection is not completed before COE?

Explanation:
The FHDS allows for:

• Buyer and seller agreement to complete inspection after COE
• Buyer assumes responsibility for compliance (must be disclosed in writing)

14. Who pays for the defensible space inspection?

Explanation:
Usually the seller, unless negotiated otherwise. Costs may vary depending on the local fire department.

15. What happens if the property fails the fire inspection?

Explanation:
The seller may need to complete required clearance work (remove vegetation, create defensible zones) before close of escrow, or the buyer must agree to take on responsibility post-COE.

16. Can the buyer cancel if seller refuses to comply?

Explanation:
Yes. If seller fails to provide required FHDS disclosures or reports, the buyer may have a 5-day right to cancel after receipt, similar to TDS obligations.

🔹 PRACTICAL TRANSACTION QUESTIONS

17. Do all sellers need to complete every section of FHDS?

Explanation:
No. Sellers should complete it to the best of their knowledge. If they don’t know, they may check “Unknown,” but must still provide any required inspection reports.

18. Does FHDS affect insurance availability?

Explanation:
Yes. Many insurance companies now require fire hardening and defensible space compliance before issuing or renewing policies. FHDS helps buyers anticipate this issue.

19. Should I attach FHDS to the MLS listing?

Explanation:
Not typically. Instead, you can mention in agent remarks:

“Property located in Fire Hazard Zone. See FHDS disclosure.”

Provide FHDS in the disclosure packet.

20. What if the property was remodeled after 2010?

Explanation:
FHDS applies based on original build date. If built before 2010, the seller still must complete it, even if major upgrades occurred later.

21. What if the seller refuses to sign FHDS?

Explanation:
Document that the form was provided and declined. Notify your broker. Failure to disclose may expose both seller and broker to liability and buyer rescission.

✅ BROKER COMPLIANCE CHECKLIST FOR FHDS

Task	Required?	Notes
Add FHDS to ZipForms package	✅	For all pre-2010 homes in fire zones
Seller completes fire hardening disclosures	✅	Roofing, vents, windows, gutters
Seller provides fire inspection report (if req)	✅	From local/state fire agency
Buyer signs to acknowledge receipt	✅	At time of disclosures
Escrow notified of defensible space compliance	✅	To avoid delays
Retain signed FHDS in file	✅	Broker risk management