Natural hazard disclosure statements and related hazard disclosures
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California's natural hazard disclosure
The Natural Hazard Disclosure Statement (NHD) identifies designated hazards that may affect a buyer's decision and terms. It is not a warranty or part of the purchase contract. Maps estimate hazard locations, not whether a disaster will affect a particular property. Hazards may limit development, insurance, or disaster assistance; professional advice may help. The NHD does not exhaust disclosure duties.
Keep the six entries distinct
- FEMA special flood hazard area: any type Zone A or V.
- Potential flooding shown on a dam failure inundation map.
- High or very high fire hazard severity zone: the form identifies high and very high zones in state responsibility areas and very high zones in local responsibility areas.
- Wildland area that may contain substantial forest fire risks and hazards.
- Earthquake fault zone.
- Seismic hazard zone: separate yes entries for landslide and liquefaction, plus no and map-not-yet-released choices.
The fire entries identify maintenance obligations. Wildland disclosure also addresses the state's lack of responsibility to protect buildings without a cooperative agreement, subject to the statutory county exception.
Decide from the applicable information
For earthquake fault, seismic, high or very high fire hazard severity, and wildland fire maps, insufficient accuracy or scale requires a yes answer. A no answer is permitted with an attached qualifying report verifying that the property is outside the zone; reasonable care remains required.
A FEMA Letter of Map Revision confirming exclusion permits no with the letter attached before the map is updated. A letter confirming inclusion, with its location posted as required, requires yes and an attached copy. Do not substitute the rule for an unclear fire or seismic map for this flood revision rule.
For earthquake fault and seismic zone disclosures, actual knowledge is one trigger. Alternatively, a map provided to the city or county plus the required posted notice triggers disclosure. Lack of personal knowledge alone does not settle the question.
Complete the disclosure
A consultant's report must be accompanied by a completed and signed NHD. A qualifying Local Option Real Estate Transfer Disclosure Statement may provide substantially the same information and warnings. Amendments may be made in writing, subject to applicable delivery rules.
Key terms
Sample questions
What is the legal character of California's Natural Hazard Disclosure Statement?