SB 721 explained: California's balcony inspection law for rental buildings

SB 721 is a California law that requires owners of apartment buildings to have their balconies, decks, and other elevated walkways inspected. It's in the Health and Safety Code as section 17973. If you own or manage a building in California with 3 or more multifamily units, and it has balconies, decks, or stairways more than 6 feet up that rely on wood for support, it likely applies to you.

Here's what the law says, with the details that matter for planning.

What SB 721 covers

The law covers "exterior elevated elements" in buildings with 3 or more multifamily dwelling units. These are:

• Balconies
• Decks
• Porches
• Stairways
• Walkways
• Entry structures

Their supports and railings are included. An element counts when all of these are true:

• It extends beyond the building's exterior walls.
• Its walking surface is more than 6 feet above the ground.
• It's designed for people to use.
• It relies wholly or substantially on wood or wood-based products for support.

A balcony with a tiled or concrete surface can still count if its structure relies on wood.

The inspection looks at the element's load-bearing components and their waterproofing. The law defines load-bearing components as the parts that extend beyond the exterior walls and carry the element's load back to the building. Waterproofing includes the flashings, membranes, coatings, and sealants that protect them.

SB 721 doesn't apply to condominiums or other common interest developments. Condominiums fall under a separate law, SB 326 (Civil Code section 5551), which we'll cover in its own post.

One exception: if an apartment building covered by SB 721 is being converted to condominiums, the inspection must be done before the first unit sells. The report and the inspector's confirmation that recommended repairs are complete then go to the Department of Real Estate and the local jurisdiction.

Who can do an SB 721 inspection

The owner hires the inspector. The law lists who can do it:

• A licensed architect
• A licensed civil or structural engineer
• A contractor with an A, B, or C-5 license from the Contractors State License Board, and at least 5 years' experience building multistory wood-frame buildings under that license
• A building inspector or building official certified by a recognized state, national, or international association, as determined by the local jurisdiction

The inspector can't be employed by the local jurisdiction while doing the inspection.

The 15% sample

The inspector checks a sample of at least 15% of each type of element. For example, a building with 20 balconies and 4 stairways needs at least 3 balconies and 1 stairway inspected.

The inspection identifies each type of element that, in the inspector's opinion, would threaten occupants' safety if it were defective or decayed. It then assesses the sampled elements by direct visual examination, or a comparable method. For each one, it addresses:

• Its current condition
• How it's expected to perform, and its projected service life
• Any further inspection the inspector recommends

Deadlines

The law sets January 1, 2026, as the deadline for the first inspection. After that, an inspection is due by January 1 every 6 years.

That first deadline has passed. If your building is covered and hasn't been inspected yet, book an inspection and check with your local enforcement agency. The state law's daily penalty applies to repairs that aren't finished on time, and your city may enforce missed inspections in its own way.

A few buildings follow different dates:

• Newer buildings. If the building permit application was submitted on or after January 1, 2019, the inspection is due within 6 years of the certificate of occupancy.
• Asbestos. If the owner confirms asbestos-containing material during the inspection and can't finish it as a result, the owner gets up to 9 months to complete the abatement, then up to 3 months to finish the inspection. The owner must keep records of the asbestos and its abatement for 3 years after the inspection is completed.

What happens after the inspection

The report

The inspector gives you a written report within 45 days of finishing the inspection. It's stamped or signed by the inspector, and it includes:

• Photographs
• Any test results
• A narrative that sets a baseline, so the next inspection can be compared against it
• Which elements, if any, pose an immediate threat to occupants' safety
• Whether blocking access or emergency repairs, including shoring, are needed

Each later report must include copies of the earlier reports, along with the locations of the elements inspected. If you ask, the inspector also produces a final report confirming the required repairs are done.

Immediate threats

The inspector sends a copy of the report to you and to the local enforcement agency within 15 days of completing it if the report does any of these:

• Recommends immediate repairs
• Finds an immediate threat to occupants' safety
• Says access should be blocked, or emergency repairs, including shoring, are needed

The law treats this as an emergency. You have to take preventive measures immediately. Blocking access to the element until it's repaired counts. The emergency repairs are then inspected by the inspector and reported to the local enforcement agency.

Other repairs

For repairs that aren't an immediate threat, you apply for a permit within 120 days of receiving the report. Once the permit is approved, you have 120 days to make the repairs. The local enforcement agency can grant an extension.

Get the permits the repairs need from your local jurisdiction. A qualified, licensed contractor does the work, following:

• The recommendations of a licensed professional from the list above
• The manufacturer's specifications
• The California Building Standards Code
• Any local requirements

Penalties

If the repairs aren't done within 180 days, the inspector notifies the local enforcement agency and you. If the repairs still aren't done within 30 days of that notice, you'll be assessed a civil penalty of $100 to $500 per day until they are (section 17973(i)). The local fee schedule sets the amount, and the local enforcement agency can grant an extension. If a penalty is assessed, the local jurisdiction can also record a lien on the property.

The law doesn't say when the 180 days starts, and 120 days for a permit plus 120 days for repairs can run longer than that. Plan to finish within 180 days of the report, or get a written extension from your local enforcement agency.

Keeping the reports

Keep every inspection report for at least 2 inspection cycles. On the standard 6-year cycle, that's at least 12 years. If you sell the building, you have to disclose the reports and deliver them to the buyer.

Your city may ask for more

Cities and counties can set stricter requirements than the state law. Your local enforcement agency can also ask for more information in the report, or require you to submit a copy. It can recover its enforcement costs too. Check your city's building department before you book an inspection.

How to get ready for a balcony inspection

You'll hire someone else to do the inspection, but you can make their visit easier:

• List your elements. Walk the building and note every balcony, deck, porch, stairway, walkway, and entry structure, with its location. This helps the inspector choose the sample.
• Find your records. Pull the original plans, the certificate of occupancy date, permits for past repairs, and any earlier inspection reports.
• Note past problems. List any element that's been repaired, resurfaced, or reported as soft or leaking.
• Arrange access. Some balconies can only be reached through a unit. Civil Code section 1954 allows entry for this inspection with reasonable written notice. Give tenants notice and plan which units the inspector will need.
• Clear the surfaces. Ask tenants to move planters, rugs, and furniture so the inspector can see the surface and drainage.

To keep track of all this, our SB 721 balcony inspection checklist is free to print, or you can run it on your phone in myInspections. It records the building and inspector details, the element types and sample, and one entry for each element, covering its structure and waterproofing. A manager can use it for a walk before the inspection, and an inspector can use it to record the inspection itself.

What to do when the report arrives

1. Read the immediate threat section first. If anything is flagged, block access and arrange the repair.
2. Put the deadlines in your calendar. Mark 120 days from the day you received the report for the permit application, 180 days for finishing the repairs, and the date your next inspection is due.
3. Tell your tenants which elements are closed, and when work is planned.
4. File the report somewhere it'll last. You need it for at least 2 cycles, and the next inspection has to include it.
5. Ask for a final report once repairs are done, so you have the inspector's confirmation on file.

Sources: California Health and Safety Code section 17973 and Civil Code section 1954. This article explains the law in general terms. It isn't legal advice, and your local jurisdiction may have additional requirements.