California’s Balcony Inspection Law: What Landlords Need to Know Before the 2026 Deadline

Early on, Bornstein Law cautioned landlords and their agents not to wait until the last minute to comply with California’s balcony inspection law — Senate Bill 721 — because demand for licensed architects, structural or civil engineers, and certain licensed contractors familiar with wood-framed buildings is surging as the January 1, 2026, safety compliance deadline approaches.

Many early adopters — landlords and property managers of qualifying buildings — should congratulate themselves for ensuring the safety and longevity of their properties, protecting tenants, and avoiding costly penalties. Yet, there remain laggards who have not taken the necessary steps toward compliance.

Background: Why the Law Exists

These inspection requirements stem from a tragic 5th-floor balcony collapse at Library Gardens in Berkeley on June 15, 2015. Six people were killed, and seven others were injured while celebrating a 21st birthday when the wood-framed structure failed. The underlying concern is for wood or wood-based supports vulnerable to water intrusion, rot, corrosion of metals, and waterproofing failures — deterioration that may remain hidden until a serious hazard emerges.

What the Law Requires

SB 721 applies to “Exterior Elevated Elements” (EEEs) — balconies, decks, stairways, landings, and walkways — in buildings with three or more dwelling units that:

• Are six feet or more above the ground

• Have a walking surface designed for human occupancy or use, and

• Rely in whole or substantial part on wood or wood-based supporting materials

Exemptions: Single-family homes, duplexes, and common-interest developments (such as condominiums) managed by HOAs fall under Senate Bill 326, not SB 721.

The initial inspection must be completed by January 1, 2026, with re-inspections required every six years. If serious safety hazards are discovered:

• If an inspection under SB 721 identifies a condition that poses an immediate threat to occupant safety, the owner must immediately restrict access or shore/repair and the inspector must submit the report to the owner and local enforcement agency within 15 days.

• For non-immediate but significant issues, the owner must apply for a permit within 120 days of receiving the report and then typically complete repairs within another 120 days (unless a local jurisdiction grants an extension).

Check boxes to check and pointed questions for property owners and managers to ask:

• Does my building have three or more units? (If not, the law may not apply — though inspections are still wise.)

• Does it include balconies, decks, walkways, or stairways more than six feet above ground, supported in part by wood or wood-based materials?

• Has an inspection already been performed under SB 721? What were the findings and records?

• Who conducted the inspection? Are they properly licensed (architect or structural/civil engineer) as required by law?

• Were any immediate hazards identified and promptly repaired?

• Is the inspection/reinspection schedule properly documented?

• Are inspection reports and repair records retained for at least two inspection cycles?

• Have residents been informed about inspection schedules and safety improvements? (Transparency builds confidence and reduces liability.)

Why This Matters: The Consequences of Non-Compliance

Landlords have a fundamental duty to protect tenants and guests. If a balcony or other EEE fails and wasn’t properly inspected or repaired, the owner and property manager face enormous legal exposure. Lawsuits from injured tenants or visitors are virtually guaranteed.

Local building departments may demand inspection reports, order repairs, and impose steep daily penalties for missed deadlines. And from our experience, inspectors often uncover EEE violations while investigating unrelated issues — for instance, a plumbing complaint that leads to broader safety scrutiny.

Owners of older or deteriorating buildings should be especially vigilant, as these properties already invite closer examination by local authorities. What starts as a small issue can quickly spiral into larger habitability and safety violations.

In extreme cases, local jurisdictions may place a safety lien on the property if repairs are not made, and foreclosure can follow if the lien remains unpaid.

Financial and Insurance Implications

Delaying inspections or repairs allows problems to worsen, turning minor rot or water damage into costly structural repairs. As we often say at Bornstein Law: don’t be penny-wise and pound-foolish.

Moreover, non-compliance can jeopardize insurance coverage. With many insurers already exiting California’s market due to regulatory pressures and natural disaster risks, carriers are adopting even stricter building safety standards.

Our trusted insurance professional, Jude Winterhalter, notes that insurers often have stricter guidelines than local agencies. For example:

• Vertical railings are now required; horizontal railings must be covered with plexiglass or replaced.

• Openings between vertical railing slats can be no more than 4 inches apart.

Parting Thoughts

For multifamily landlords and property managers, this is your final call to comply with Senate Bill 721. At Bornstein Law, we don’t write the laws — we interpret and communicate them so that rental housing providers stay in good standing.

Unfortunately, many owners delay until it’s too late for us to help. We strongly urge you to schedule inspections now, while qualified professionals are still available and before demand peaks in 2025.