SB721 - Balcony Inspection Law

Starting January 1, 2026 multi-family buildings with three or more units must have balconies, decks and exterior walkways inspected if they are over six feet high. This ensures safety, prevents structural failures and maintains compliance. SB 721 was passed after a 2015 Berkeley balcony collapse which killed six due to wood rot and structural failure and led to a lawsuit settlement of more than $20 million. The tragedy highlighted the need for stricter inspection requirements for exterior elevated elements (EEE) of multi-familiy buildings.  

On site inspections are required every six years and can be done by a licensed architect, structural engineer or certified building inspector and must include a minimum sample of 15% of each type of EEE. This process may include installing small plastic plugs, removing exterior coverings, or drilling as needed to thoroughly assess load-bearing components and waterproofing systems. Property owners are responsible for assessing remaining units based on findings and making repairs as needed. The inspection requirements are submitted to the building owner and local code enforcement agencies, detailing the findings, conditions of the elements, and recommendations for repairs or replacements, along with supporting photographs. If inspections reveal unsafe or hazardous conditions, repairs must be completed within 120 days and be repaired with a building permit. Enforcement may vary by jurisidciton, but penalties for for non-compliance can be up to $500/day. Eventually, local building departments may begin requesting proof of compliance or insurance companies may do the same for renewing insurance. In the event of a sale, non-compliance could also delay or derail property sales, insurance may be denied or delayed and buyers may demand repairs. It is wise to start the inspection process early, as there may be limited number of qualified inspectors and the owner faces liability for accidents.