California has two balcony inspection laws: SB 721 covers apartment buildings and SB 326 covers condo HOAs, both requiring a licensed professional to inspect exterior elevated elements like balconies and decks. The first inspections were due by 2025 and 2026 and repeat every six or nine years. Here’s what SB 326 and SB 721 require and how to comply.
In recent years, California passed new deck repair laws to improve the safety of balconies, walkways, and decks in residential buildings. Senate Bill 326 and Senate Bill 721 focus on preventing collapses, especially in multi unit properties, by setting clear rules for inspections, repairs, and ongoing maintenance.
This article breaks down the key parts of both laws and explains what property owners need to do to stay compliant, avoid penalties, and keep residents safe.
Here at GreatBuildz, a free service that connects property owners with reliable general contractors, we get inquiries all the time about construction laws from property owners – read below to learn more about the balcony and deck repair laws in California known as SB326 and SB721.
Who Is Affected By SB326 & SB721 and When?
Senate Bill 326 affects owners of condos in California that have improved balconies or decks. This deck repair law requires these owners to ensure the inspection of exterior elevated elements, such as balconies and decks, by a licensed professional engineer or architect. The inspection aims to identify any visible conditions that may create a substantial risk of harm to residents.
The initial inspection must be completed by January 1, 2025, and subsequent inspections are required at least once every nine years.
Senate Bill 721 affects owners and operators of multifamily residential buildings in California that have balconies, decks, and other improved exterior elements. The law requires these individuals to ensure the inspection of such elements for the purpose of identifying potential hazards.
The inspection must be conducted by a qualified architect, structural engineer, or contractor, and it must be completed by January 1, 2025. Subsequent inspections are required at least once every six years.
What Is SB 326 & What Are Its Requirements?
Senate Bill 326 (SB 326) is a California law passed in 2019 that focuses on ensuring the stability and safety of balconies, walkways, and decks in condominium units and other buildings. The law aims to prevent future deck and balcony collapses, particularly in multi-unit residential buildings.
Here are the key requirements of SB 326:
SB 326 requires inspections of exterior elevated elements like balconies, decks, and walkways in multi unit residential buildings. A 95 percent random and statistically significant sample of these elements must be inspected to evaluate their condition and expected lifespan.
All inspections must be completed by a licensed architect or engineer. The first required inspection deadline of January 1, 2025 has now passed. Buildings that have not completed inspections are considered out of compliance and should act as soon as possible.
If inspections show that repairs are needed, those repairs must be completed. The timeline depends on how serious the issue is, especially if there is a safety risk to residents.
Local building departments can charge fees or issue enforcement actions for non compliance. Inspection Reports must clearly list what was inspected, the condition of each element, any safety concerns, the estimated remaining service life, and all required repairs.
What Is SB 721 & What Are Its Requirements?
Senate Bill 721 is a California law that addresses the inspection and maintenance of balconies and other improved exterior elements in multifamily residential buildings.
Here are the key requirements of SB 721:
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- Inspections – SB 721 mandates that all balconies, decks, and other improved exterior elements in buildings with three or more multifamily dwelling units undergo periodic inspections. The primary focus is on the structural integrity and waterproofing of these elements.
- Inspection deadline: – The law requires the first inspection to be completed by January 1, 2025. Buildings that have not completed inspections are considered out of compliance and should act as soon as possible.
- Qualified inspectors -Inspections under SB 721 must be conducted by a qualified inspector, typically a licensed structural engineer or architect.
- Inspection criteria: The law specifies that inspections should consider factors such as decay, deterioration, water damage, proper anchorage, and structural cracks.
- Reporting and notice requirements – Once the inspections are complete, the inspector must provide a written report to the property owner or homeowners association (HOA). The report should include the findings, recommendations for repairs or corrections, and a timetable for completing the recommended actions. The law requires the property owner or HOA to distribute a copy of the inspection report to all tenants or occupants within 15 days of receiving the report.
- Repairs and corrections – If the inspection report identifies any issues or deficiencies, the property owner or HOA is responsible for undertaking necessary repairs or corrections within a reasonable timeframe. The specific timeline depends on the severity of the issues identified.
What Happens in a Balcony/Deck Inspection?
During a balcony/deck inspection, the qualified professional conducting the inspection will assess the condition and structural integrity of the balcony or deck to ensure it is safe for use. Here are some common elements that may be included in a typical balcony/deck inspection:
- Visual inspection – The inspector will visually examine the balcony or deck, looking for signs of deterioration, damage, or structural issues. This may include checking for cracks, rot, rust, loose connections, or signs of water damage.
- Load-bearing capacity – The inspector will evaluate the load-bearing capacity of the balcony or deck to ensure it can safely support the intended weight. This may involve examining the construction materials, fasteners, and support structure.
- Safety features – The inspector will check for the presence and functionality of safety features such as handrails, guardrails, and barriers.
- Drainage and waterproofing – If applicable, the inspector may assess the drainage system and waterproofing measures in place to prevent water damage and deterioration.
- Accessibility and code compliance – The inspector may also review compliance with accessibility requirements and local building codes to ensure the balcony or deck meets the necessary standards.
Hiring General Contractors for Balcony/Deck Repairs
Hiring a general contractor can greatly assist property owners in preparing for and passing SB 326 and SB 721 inspections. Here are some ways in which a general contractor can help:
- Expert knowledge – General contractors are familiar with the specific regulations and guidelines that need to be followed during inspections. Their expertise allows them to assess the condition of balconies and decks, identify potential issues, and recommend the necessary repairs or modifications to ensure compliance.
- Inspection readiness assessment – A general contractor can help you understand how your property aligns with the requirements set forth by the bills and provide guidance on the necessary improvements.
- Balcony repair and renovation services – If any repairs or renovations are needed to bring your balconies and decks up to code, a general contractor can handle the entire process.
- Code compliance – General contractors are well-versed in building codes and regulations. They will ensure that all repairs and modifications made to your balconies and decks meet the required standards.
- Permit assistance – In some cases, permits may be required for the repairs or renovations related to SB 326 and SB 721. A general contractor can help handle the permit application process, ensuring that all necessary documentation is prepared and submitted correctly.
- Documentation and record-keeping: A general contractor can assist with documenting the repairs and renovations performed on your balconies and decks. This documentation can be important during inspections as it provides evidence of compliance with the bills.
- Pre-inspection preparation – Before the scheduled inspection, a general contractor can conduct a full review of the repaired or renovated balconies and decks. They will ensure that everything is in order, address any last-minute concerns, and make any necessary adjustments to ensure a successful inspection.
Frequently Asked Questions
What are SB 326 and SB 721?
SB 721 and SB 326 are California laws requiring inspection of exterior elevated elements like balconies, decks, and stairways. SB 721 applies to apartment buildings with three or more units, and SB 326 applies to condominium HOAs. Both require a licensed professional to inspect and report on the structures.
When were the balcony inspection deadlines?
Under SB 326, condo HOAs had to complete a first inspection by January 1, 2025, repeating every nine years. Under SB 721, apartment owners had until January 1, 2026, repeating every six years. Buildings that missed the deadlines are now out of compliance and should schedule inspections promptly.
Who can inspect a balcony under these laws?
SB 326 requires a licensed architect or structural engineer. SB 721 allows a licensed architect, engineer, or a contractor with an A, B, or C-5 license. The inspector reviews a representative sample of the exterior elevated elements and provides a written report.
Looking for a general contractor for your balcony or deck? Contact GreatBuildz to be matched with the perfect pre-vetted contractor in the Los Angeles and Southern California areas. For more information, contact us today at (818.317.3567) or visit our website.
