Understanding California’s Balcony & Deck Inspection Laws: SB 326 and SB 721

California has implemented two significant laws to address the safety of exterior elevated elements (EEEs) in multifamily housing: SB 326 and SB 721. These laws require periodic inspections of decks, balconies, staircases, and walkways to prevent structural failures and ensure the safety of occupants. Whether you're a member of a homeowners association (HOA) or an owner of an apartment building, understanding these laws is essential for compliance and building safety.

In this article, we'll explore what SB 326 and SB 721 require, who they apply to, and how deck inspections, balcony inspections, and staircase inspections fit into a comprehensive property maintenance strategy.

What is SB 326?

SB 326 (Senate Bill 326), passed in 2019, applies to common interest developments such as condominiums and townhouses managed by HOAs. It mandates that structural elements like balconies, decks, stairways, and walkways that are supported primarily by wood and accessible to residents must be inspected every nine years.

The law was enacted in response to structural failures that led to serious injuries and fatalities, highlighting the need for proactive inspection and maintenance of elevated structures. The goal is to catch potential hazards before they turn into life-threatening situations.

Key Requirements of SB 326:

• Applies to HOAs and common interest developments.
• First inspections were due by January 1, 2025.
• Requires qualified inspectors to evaluate 95% of all applicable elements.
• Inspections must be repeated every nine years.

These SB 326 inspections are also referred to as HOA deck inspections SB 326, because they primarily concern properties governed by homeowner associations.

What is SB 721?

SB 721 (Senate Bill 721), also known as the "Apartment Balcony Law," was passed in 2018 and applies to apartment buildings with three or more units. It requires that property owners conduct regular inspections of exterior elevated elements to ensure structural integrity.

Just like SB 326, SB 721 inspections aim to identify damage such as dry rot, water intrusion, or other structural deficiencies that could pose risks to residents. This includes apartment deck inspections SB 721, balcony inspections, and staircase inspections where elements are elevated and primarily constructed with wood.

Key Requirements of SB 721:

1. Applies to apartment buildings with three or more units.
2. First inspections were due by January 1, 2025.
3. Inspections are required every six years.

Inspections must be performed by licensed professionals such as architects, structural engineers, or general contractors.

Failure to comply with SB 721 may result in fines and legal liability if injuries occur due to uninspected or unsafe structures.

Why Balcony, Deck & Staircase Inspections Matter

Regular deck inspections, balcony inspections, and staircase inspections are not only required by law in many cases—they also play a vital role in protecting the safety and well-being of building residents.

Benefits of Routine Inspections:

Safety First: Identify and correct structural problems before accidents occur.

Legal Compliance: Avoid fines and penalties by adhering to SB 326 and SB 721.

Maintenance Planning: Get early insight into which elements may need repair or replacement.

Insurance Requirements: Some insurers may require documentation of regular inspections.

Preserve Property Value: Well-maintained structures contribute to the overall value of your property.

Whether or not your property is currently required to comply with SB 326 or SB 721, proactive inspections help create a safer and more sustainable living environment.

What Do These Inspections Involve?

Both SB 326 inspections and SB 721 inspections are designed to thoroughly assess the structural integrity of EEEs. A licensed inspector will evaluate various aspects of the structure, including:

• Visible signs of rot, corrosion, or water damage
• Stability and structural soundness of wood members
• Attachment points and hardware condition
• Overall safety and compliance with current building codes

Following the inspection, a detailed report is generated, which includes findings, recommendations for repairs (if needed), and a timeline for addressing any critical issues.

In the case of significant findings, the inspector may recommend that access to the structure be restricted until repairs are made. This is especially common in apartment deck inspections SB 721 and HOA deck inspection SB 326 scenarios where resident safety is immediately at risk.

Who Can Perform These Inspections?

Both SB 326 and SB 721 specify who is qualified to perform these inspections:

• Licensed Architects
• Structural Engineers
• Civil Engineers
• General Contractors with relevant experience

Choosing the right inspector is important—not just for compliance, but to ensure an accurate and trustworthy evaluation. It's wise to work with companies that specialize in deck inspections, balcony inspections, and staircase inspections, and that are familiar with California's specific legal requirements.

Common Issues Found During Inspections

During an SB 326 inspection or SB 721 inspection, inspectors frequently uncover issues such as:

• Water damage and wood rot
• Rusted or missing connectors and fasteners
• Poor design or construction practices
• Lack of proper waterproofing
• Cracked or deteriorated structural components

If these issues go unnoticed or unaddressed, they can compromise the integrity of the entire structure and pose serious safety risks.

How to Prepare for an Inspection

To ensure your HOA deck inspection SB 326 or apartment deck inspection SB 721 goes smoothly, here are some tips:

Organize Documentation: Have building plans, past inspection reports, and maintenance records ready.

Access Points: Ensure all balconies, decks, and staircases are accessible.

Notify Residents: Inform tenants or owners about the inspection schedule.

Address Minor Repairs: Fix known small issues beforehand to avoid red flags.

Preparation shows the inspector that the property is responsibly managed and can help speed up the evaluation process.

When Should You Act?

If your property hasn’t yet been inspected under SB 326 or SB 721, now is the time to start planning. The 2025 deadlines are approaching, and inspection companies are expected to be fully booked as they get closer.

For HOAs, the first HOA deck inspection SB 326 must be completed by January 1, 2025. For apartment buildings, the same deadline applies to the first apartment deck inspection SB 721.

Keep in mind that these inspections must be repeated on a regular basis—every nine years for SB 326 and every six years for SB 721.

Final Thoughts

Staying ahead of California’s inspection laws is more than just a matter of compliance. It’s about protecting residents, maintaining building value, and planning for the future.

By conducting regular deck inspections, balcony inspections, and staircase inspections, property owners can identify problems early and avoid costly repairs or legal issues later on. Whether you're preparing for your first SB 326 inspection or scheduling your next SB 721 inspection, working with a qualified inspection company ensures the job is done thoroughly and professionally.

If you own or manage a multifamily building in California, now is the time to review your inspection history and make sure you're ready for the upcoming deadlines. A safe building isn’t just a legal obligation—it’s a responsibility to everyone who lives there.