SB 326 vs SB 721: Understanding California’s Balcony Inspection Laws

By Jacob Aghelian

On 22 February 2025

If you own or manage residential properties in California, you have likely heard about SB 721 and SB 326—two important laws regulating the safety of exterior elevated elements such as balconies, decks, and stairways. But what is the difference between these two bills, and how do they impact property owners, landlords, and homeowner associations (HOAs)?

In this guide, we will break down the key differences between SB 721 and SB 326, who they apply to, and what you need to do to stay compliant.

What Are SB 721 and SB 326?

Both SB 721 and SB 326 were introduced to prevent structural failures of balconies and other elevated elements after a tragic balcony collapse in Berkeley, CA, in 2015. These laws mandate periodic inspections to ensure the safety of buildings with three or more dwelling units.

Law	Applies To	Who is Responsible	Inspection Frequency
SB 721	Apartments and Multifamily Rental Buildings	Property Owners and Landlords	Every 6 years
SB 326	Condominiums and HOAs	Homeowners Associations (HOAs)	Every 9 years

SB 721: What Apartment Owners Need to Know

Senate Bill 721 (SB 721) primarily affects apartment buildings and multifamily rental properties. If you are a landlord or property owner, you are legally required to schedule and manage the inspection process.

Key SB 721 Requirements

Applies to buildings with three or more dwelling units
Covers balconies, decks, walkways, stairways, and railings
Requires inspections every 6 years
Inspections must be conducted by a licensed engineer, architect, or contractor
Property owners must repair any identified safety issues within 120 days

SB 721 Compliance Deadlines

First inspection deadline: January 1, 2025
Inspections must be completed every 6 years thereafter

If a structural hazard is found, property owners must act immediately to prevent unsafe conditions. Failure to comply can lead to civil penalties and legal liability.

SB 326: What HOAs and Condo Owners Must Know

Senate Bill 326 (SB 326) applies specifically to condominiums and common-interest developments where responsibility for structural elements falls on the Homeowners Association (HOA).

Key SB 326 Requirements

Applies to condominiums and common-interest developments
Covers balconies, walkways, decks, and other exterior structures
Inspections required every 9 years
HOA must arrange for licensed professionals to conduct the inspections
Includes additional load-bearing assessments and waterproofing inspections

SB 326 Compliance Deadlines

First inspection deadline: January 1, 2025
Inspections must be completed every 9 years thereafter

Since SB 326 applies to HOAs, individual condo owners are not responsible for scheduling inspections. However, they may face increased HOA fees to cover inspection and repair costs.

SB 721 vs SB 326: Key Differences

Feature	SB 721 (Apartments and Rentals)	SB 326 (Condos and HOAs)
Applies To	Apartment buildings, rental properties	Condominiums, common-interest developments
Who is Responsible	Property owners, landlords	Homeowners Association (HOA)
Inspection Frequency	Every 6 years	Every 9 years
Inspection Deadline	January 1, 2025	January 1, 2025
Key Inspection Focus	Structural safety of exterior elevated elements	Load-bearing and waterproofing assessments
Penalty for Non-Compliance	Civil penalties, legal action	HOA legal liability, financial penalties

How to Stay Compliant with SB 721 and SB 326

To ensure compliance with California’s balcony inspection laws, property owners and HOAs should take the following steps:

For SB 721 (Apartment Owners and Landlords)

Hire a licensed inspector (engineer, architect, or contractor)
Complete the first inspection before January 1, 2025
Address any required repairs within 120 days
Schedule follow-up inspections every 6 years

For SB 326 (HOAs and Condo Boards)

Include balcony inspections in HOA budgeting plans
Hire a qualified structural engineer for assessments
Ensure all load-bearing and waterproofing elements are checked
Maintain inspection reports for record-keeping and HOA meetings

FAQs About SB 721 and SB 326

What happens if I do not comply with SB 721 or SB 326?
Failing to comply can result in civil penalties, legal action, and potential lawsuits if an unsafe balcony leads to injuries or accidents.

How much do inspections cost?
The cost of an SB 721 inspection ranges from $5,000 to $20,000 for multi-unit properties, depending on the number of balconies, decks, or elevated elements. Individual visual inspections cost $300 to $500 per balcony, while invasive inspections for structural damage or water intrusion can exceed $3,000 per balcony. Structural engineers generally charge more than architects, and additional testing may require material removal for a full assessment.

Can I do the inspection myself?
No. Inspections must be conducted by a licensed structural engineer, architect, or contractor.

Do single-family homes need to comply?
No. SB 721 and SB 326 only apply to buildings with three or more units.

Final Thoughts

Both SB 721 and SB 326 were introduced to improve building safety and prevent structural failures. Whether you own apartments, condos, or manage an HOA, it is crucial to understand your inspection obligations and meet compliance deadlines.

By scheduling inspections early and addressing repairs proactively, you can avoid penalties, ensure tenant safety, and protect your property’s value.

Need a Balcony Inspection?

Aggregate Construction Group provides professional balcony inspections to ensure compliance with SB 721 and SB 326. Our team of licensed experts is ready to help property owners and HOAs meet California’s inspection requirements.

Company Name: Aggregate Construction Group
Phone: (310) 930-6258
Email: info@aggcg.com
License Number: 1034714