California Balcony Inspections

California Senate Bill (SB) 721 was introduced to address the critical safety concerns associated with exterior elevated elements such as decks and balconies in multifamily residential buildings. The bill was prompted by several tragic incidents where structural failures led to severe injuries and fatalities.

These incidents highlighted the need for regular inspections and maintenance to uphold the safety and structural integrity of these elements, which are often exposed to harsh weather conditions and wear over time.

What are the requirements of SB 721?

SB 721 requires inspections of exterior elevated elements in buildings with three or more multifamily units by licensed professionals (i.e., architects, civil or structural engineers, building contractors with specific licenses, certified building inspectors).

According to the bill, initial inspections were to be completed by January 1, 2025, with follow-ups every six years*. Reports are to be given to building owners within 45 days and retained for two inspection cycles. Immediate hazards must be reported within 15 days and repaired promptly. SB 721 requires building owners to complete repairs within 120 days, with possible extensions by local authorities.

Local agencies can recover enforcement costs and impose penalties for noncompliance. Landlords are allowed to enter units for inspections.

How to prepare for balcony inspections

In conversations with owners and operators of multifamily residential buildings, the CLA real estate team has been emphasizing the following:

• Understand the compliance deadlines for inspection and reporting to avoid penalties.
• Promote open communication with tenants about safety and ongoing compliance efforts. Such an approach should foster trust and transparency.
• Engage licensed architects, civil or structural engineers, building contractors with specific licenses, or certified building inspectors who have the necessary experience to perform the inspections.
• Assess the financial implications of potential repairs and maintain sufficient reserves or financing options.
• Stress the importance of maintaining thorough documentation of inspections and repairs and submitting any required reports to local authorities.
• Encourage consultation with legal professionals for clarification on specific obligations and potential liability concerns.

* On September 28, 2024, the California governor approved Assembly Bill 2579, which extended the initial balcony inspection deadline to January 1, 2026. The extension should help owners and operators who are struggling to complete inspections on time. Buildings inspected between January 1, 2016, and January 1, 2019, must be reinspected by January 1, 2026, and every six years thereafter. Buildings inspected between January 1, 2019, and the present do not need reinspection until six years after the last report. Subsequent inspections follow a six-year interval.