California Senate Bill 721

January 1, 2025

California Senate Bill 721 – Exterior Elevated Elements (Balconies and Decks) Inspection Requirements

As the deadline for California Senate Bill 721 (SB 721) balcony inspections draws nearer, educating yourself on the necessary inspections and requirements will assist in your decision-making process and compliance with SB 721 requirements.

About the bill:

California Senate Bill 721 was enacted in 2018 for the purpose of mandating inspection of exterior elevated elements and associated waterproofing elements, including, and primarily related to decks and balconies for buildings with three or more multifamily dwelling units. Inspections are required to be carried out by a licensed architect, licensed civil or structural engineer, building contractor holding specific licenses, or an individual certified as a building inspector or building official. If the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report is required to be delivered to the owner of the building within 15 days. Emergency repairs shall be undertaken with notice given to the local enforcement agency.

The timeline:

California mandates that the initial round of inspections be completed by January 1, 2026, and subsequently every six years. Some cities, such as Berkeley, have their own codes, like the Exterior Elevated Elements (E3) Inspection Program, with specific timelines and requirements.

The approaching deadline is less than one year out. Given the risks associated with balconies, delaying inspections can exacerbate issues and strain resources. In light of the increasing focus on balcony safety, resources for evaluating and addressing issues may become more constrained.

What properties and components are required to comply?

• Multifamily residential buildings consisting of three or more dwelling units.
• Elevated exterior walking surfaces that are exposed to weather; and/or
• Exceed 6′ above ground level; and/or
• Are supported by wood or wood-based products.

Some notes on what to expect:

• Savvy buyers should request an SB 721 report for purchases (for qualifying properties).
• The timeframe for inspections varies, ranging from two to six weeks, depending on factors such as balcony soffit material, access requirements, and contractor availability.
• Upon completion of a balcony assessment, a repair timeline may be initiated as a result of identified deficiencies. This involves 120 days to obtain a permit for non-emergency repairs, followed by an additional 120 days for the repairs. The Senate bill outlines specific timelines for more significant items requiring permits and architectural or structural design. For life-safety concerns, immediate notification to the city is mandatory, with 120 days granted for emergency repairs. In Berkeley and San Francisco, additional ordinances may be more stringent or cover different types of structures. PCA has experience working on projects that comply with both Berkeley’s E3 and SB 721 to meet state and local requirements.
• Temporary inconvenience to tenants during the investigation is a likely scenario. Comprehensive inspections may require access to dwelling units above and below the specific balcony, ensuring a thorough assessment.
• For balconies with concealed undersides, especially those covered with stucco or wood paneling, opening the balcony soffit is crucial. Moisture could be causing hidden deterioration of the framing, requiring a contractor to cut into the finish to gain access.
• Retaining “budget” or inexperienced consultants may expose an owner to unexpected liabilities. A thorough assessment, including openings in the soffit to assess critical framing members, is essential to fulfill the intent of the Senate bill. PCA maintains relationships with preferred contractors, who are on standby for this type of work.
• Upon completion of a balcony inspection, owners should retain a copy of the certification letter for at least two inspection cycles. Local jurisdictions (excluding Berkeley and San Francisco) currently do not request or file these letters; however, this practice may change.

Effective communication and collaboration among owners, property managers, maintenance staff, and qualified professionals throughout the inspection process is the key to accommodating tenants and managing expectations. PCA performs balcony inspections and has assessed countless balconies displaying issues that require extensive repairs, modifications for code compliance, even rebuilding. In some instances, deterioration is significant enough to strongly advise owners or property managers to restrict access, limit use, or implement temporary support until the balcony issues are effectively addressed. Based on this experience, you can rest assured that PCA has the appropriate background and experience to assist clients in navigating the complex inspection and repair process.

As January 1, 2026, approaches, execution of timely inspections will ensure compliance, offering peace of mind and safety. For more information or inquiries concerning PCA’s balcony inspection program, please contact Dania Phillips, Executive Vice President, at dphillips@pcallc.com.