SB 721 Inspection for California (Apartments)

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SB-721 Background

On January 1, 2019, California enacted Senate Bill 721, codified in Health and Safety Code § 17973. This legislation requires the owners of multifamily rental buildings with three or more units to inspect certain exterior elevated elements (EEEs)—such as balconies, decks, porches, stairways, walkways, and railings—by January 1, 2025. This law was passed in response to tragic balcony failures that resulted in injuries and fatalities, with the goal of improving tenant safety and preventing similar incidents.

What is subject to inspection?

The inspection requirement under SB 721 applies to exterior elevated elements that meet the following criteria:

Balconies, decks, porches, stairways, walkways, and entries that extend beyond the exterior walls of the building.
Elevated more than 6 feet above ground level.
Designed for human occupancy or use.
Supported in whole or in substantial part by wood or wood-based products.

Exemptions:

Apartment buildings with fewer than three dwelling units.
Condominiums (governed under SB 326 instead).
Hotels and motels (regulated under other parts of the code).

Who inspects the EEEs and What to Expect?

Inspections must be performed by a licensed architect, structural engineer, or a licensed contractor with specified credentials (such as A, B, or C-5 license holders, as long as they are not the building owner or associated with the owner).
The inspector must be unaffiliated with the repair contractor to avoid conflicts of interest.

The inspector will assess a statistically significant sample of the building’s EEEs to determine their structural integrity and safety.
Inspections will generally be visual but may require more invasive testing if damage is suspected.
Issues such as water intrusion, dry rot, corrosion, or other conditions compromising structural support are typically the focus.

Timeline

First Inspection Deadline: Must be completed by January 1, 2025.
Ongoing Inspections: Re-inspection is required every six (6) years thereafter.
Owners of newer construction must complete the inspection within six years of receiving a certificate of occupancy.

What happens after inspection?

A written report will be issued to the property owner, identifying:
- Conditions observed.
- Whether repairs are necessary.
- A timeline for required remediation.
If an element poses an immediate safety risk, the inspector is required to:
- Notify the property owner.
- Notify the local building department within 15 days.
- Advise that access to the affected element be restricted immediately.
Cities may issue a notice to comply, requiring that repairs be performed promptly.
Repairs must be completed within 120 days of receiving the report. If not completed in time, a notice of violation may be recorded against the property.

Liability

Failure to comply with SB 721 exposes property owners to:

Civil liability for personal injury or property damage due to neglected structural issues.
Code enforcement actions and potential fines.
Recorded notices that may affect the property’s marketability and financing.
Insurance implications in the event of structural failure or injury.

Next Steps

If you own or manage a multifamily rental building with three or more units, and your EEEs meet the criteria:

Contact a licensed inspector—architect, engineer, or qualified contractor.
Schedule your inspection well in advance of the January 1, 2025 deadline.
Budget for both inspections and possible repairs.
Consult legal counsel if needed to navigate compliance and contract terms.

By acting now, you can protect your tenants, avoid liability, and ensure your property complies with this important safety law.