Understanding SB 326 & SB 721
If you’re a property manager, HOA board member, or apartment owner in California, understanding SB 326 and SB 721 isn’t optional—it’s essential. These laws were introduced to improve safety and maintenance standards for elevated decks and balconies in multifamily buildings. Noncompliance can lead to major financial, legal, and insurance complications.
Whether you’re preparing for your first inspection or dealing with a problematic report, this guide breaks down everything you need to know.
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What is SB 326 & SB 721?
SB 326 and SB 721 are California laws that mandate the inspection of exterior elevated elements (EEEs) such as balconies, decks, stairways, and walkways in multifamily buildings.
SB 326 applies to common interest developments (HOAs), while SB 721 targets multifamily apartment buildings.
Both were born out of the 2015 Berkeley balcony collapse tragedy, which killed six people and revealed a widespread issue: lack of maintenance and structural degradation, not poor engineering, was the root cause.
These laws aim to prevent such disasters by requiring routine inspections of wooden structural components that support elevated elements.
Inspection Frequency and Deadlines
SB 326 (For HOAs)
- Applies to condos and townhomes with 3+ units.
- Initial inspection deadline: January 1, 2025.
- Ongoing inspection required every 9 years.
SB 721 (For Apartment Buildings)
- Applies to apartments with 3+ units.
- Extended deadline: January 1, 2026.
- Required inspections every 6 years thereafter.
Failure to comply can lead to fines, delayed building permits, halted real estate transactions, and potential insurance issues.
What Qualifies as an Exterior Elevated Element?
To determine if your building needs an inspection, the structure must meet all the following:
- Extends beyond the exterior walls (e.g., balconies, decks).
- Six feet or more above the ground.
- Used by the building’s occupants.
- Supported partially or entirely by wood.
Importantly, these laws do not specify that elements must be “cantilevered”—a common misconception. Any qualifying structure, even those with rooms below, falls under these inspection requirements.
What Gets Inspected?
Inspectors evaluate:
- Structural load-bearing components.
- Waterproofing systems.
- Signs of water intrusion or deterioration.
- Expected lifespan and performance.
- Necessary repairs or replacements.
If visual inspection reveals potential moisture damage, inspectors may conduct invasive testing using moisture meters, borescopes, or removal of finishes. However, invasive inspection is only required when warranted.
Who Can Perform These Inspections?
For SB 326 (HOAs)
- Licensed architect or structural engineer.
For SB 721 (Apartments)
- Licensed Architect, structural or civil engineer, licensed contractor (with 5+ years in multi-unit buildings), or certified building inspector.
Choosing the right professional is critical—poorly executed reports have already led to transactional disruptions and insurance denials.
Why Report Quality Matters
The law mandates that inspection reports include:
- Complete inventory of exterior elevated elements.
- Assessment of current condition.
- Lifespan projections.
- Repair or replacement recommendations.
Reports must be added to an HOA’s reserve study (per the Davis-Stirling Act). For apartments, repairs must be made within 120 days if safety concerns exist.
Low-quality reports—often produced by inexperienced or overzealous inspectors—can label cosmetic or outdated code issues as “critical,” scaring off lenders and halting condo sales.
Real-World Challenges from Poor Inspections
Mark Marsch, a 40-year industry veteran, notes alarming trends:
- Lenders are rejecting loans due to alarmist reports.
- Insurance companies may deny coverage if reports are missing or indicate serious issues.
- Misinterpretation of maintenance needs as urgent structural failures.
HOAs and owners must understand that not all issues identified require immediate repair—unless labeled as a health or safety hazard.
Choosing the Right Inspection Company
When selecting an inspector:
- Ensure they’re experienced in waterproofing and structural evaluation.
- Avoid firms that automatically conduct invasive tests (like borescope inspections) without visible indicators of damage.
- Look for companies certified by organizations like E3 for consistent, law-compliant reporting.
Frequently Asked Questions (FAQs)
How often do inspections need to be performed?
- Every 9 years for HOAs (SB 326).
- Every 6 years for apartments (SB 721).
What if my building doesn’t have cantilevered decks?
- The law doesn’t require cantilevering. Any elevated qualified exterior elevated element or space with wooden support qualifies.
Do I have to use a borescope for the inspection?
- No. Borescopes are optional and used only when moisture damage is suspected.
What happens if I don’t comply?
- You may face fines, denied insurance claims, and halted property sales.
Do I need to fix everything in the final report?
- For HOA’s, only if labeled a health/safety concern that poses an immediate hazard. Otherwise, issues other than routine maintenance with recommendations should be incorporated into the reserve study for future planning.
- For Apartments, if labeled a health/safety concern that poses an immediate hazard, repairs need to be undertaken immediately. Non emergency recommendations for issues other than routine maintenance need to be completed within 120 days.
Protecting Property Values & Peace of Mind
With deadlines approaching, proactive inspection and quality reporting are your best defense against financial and legal headaches. Choosing experienced professionals ensures that only necessary repairs are recommended, preserving your budget and reputation.
Don’t wait until a transaction fails or an accident occurs—schedule your SB 326 or SB 721 inspection now to protect your residents and your investment.
Ready for Your Inspection? Let West Coast Deck Inspections Help
At West Coast Deck Inspections, we specialize in thorough, law-compliant evaluations that help property owners stay compliant, avoid fines, and reduce liability.
Whether your building is due for its first inspection or you’re navigating a confusing report from another company, we’re here to help with clarity and expertise.
Don’t wait until a deal falls through or an insurance claim is denied. Partner with California’s balcony safety experts today.
