Owners of 3+ unit condos, TICs, apartments take note! Balcony and Stair Inspection Deadlines

If you were living in the Bay Area in 2015, you likely remember the tragic balcony collapse that took place in Berkeley and resulted in 6 fatalities. To prevent future such incidents, the state of California passed SB 721 and SB 326, often referred to as the "Balcony Inspection Laws", which require periodic inspections of certain exterior elements on buildings throughout the state. 

So, if you own a condo or TIC in a 3+ unit building OR a multi unit building with more than 3 units, read on! 

The deadline for condos has already passed, and the deadline for multi-unit buildings is looming. If you own a condo in a large HOA that's professionally managed, most likely your manager is taking care of this. But many small building owners aren't aware of the requirements and therefore aren't compliant. Here's what you need to know: 

Frequently Asked Questions (FAQ): California’s Balcony and Elevated Walkway Inspection Laws

1. When must the first inspection be completed?

• For apartment buildings (3+ units INCLUDING TICs): The first inspection must be completed by January 1, 2026.

• For condo associations (3 or more units): The first inspection must be completed by January 1, 2025.

2. What structures must be inspected?

The law targets “Exterior Elevated Elements” (EEE), which includes balconies, decks, porches, stairways, walkways, and entry structures that are:

• Wood Frame Construction 
• 6 feet or higher from the ground
• Intended for human occupancy
• Extend beyond the exterior wall  

If your building does not have any of these elements, no inspection is needed. 

3. Who is qualified to perform the inspections?

• For apartment buildings: Inspections can be performed by licensed structural engineers, architects, or general contractors with an "A," "B," or "C-5" license and at least five years of experience.

• For condo associations: Inspections must be performed by a licensed structural or civil engineer, or an architect. 

4. What happens if the inspection reveals a problem?

• For Condos/HOAs: If a safety hazard is identified, access to the structure must be restricted, or emergency repairs must be made.
  
  

• For 3+ unit apartment buildings including TICs: Non-emergency repairs must begin within 120 days and must be completed within another 120 days of receiving the initial permits, unless an extension is granted. 

5. How often do subsequent inspections need to occur?

• For apartment buildings: Inspections must occur every six years.

• For condo associations: Inspections must occur every nine years.

6. What are the penalties for noncompliance?

Failure to complete the inspection on time can result in fines ranging from $100 to $500 per day. Non-compliance might also lead to property liens, and insurance coverage could be affected. Local building departments can impose additional penalties. 

7. Who is responsible for repairs?

Property owners of multi-unit buildings, as well as homeowners associations are responsible for maintaining and repairing any exterior elevated elements that fail the inspection.