Last Updated: March 2026
SB 326 is California’s balcony and exterior elevated element inspection law for condominium projects and other common interest developments where the association is responsible for maintenance or repair. It was added to Civil Code section 5551.
No. SB 326 is not a seismic retrofit law. It requires inspection of certain exterior elevated elements such as balconies, decks, stairways, walkways, and related waterproofing systems to determine whether they are in a generally safe condition.
SB 326 covers exterior elevated elements and their associated waterproofing systems. In practice, that means load-bearing components and waterproofing for items like balconies, decks, stairways, walkways, and railings that are more than six feet above ground and supported in whole or substantial part by wood or wood-based products.
SB 326 applies only to buildings containing three or more multifamily dwelling units within the common interest development context.
Inspector qualifications depend on which law applies. For SB 326 / Civil Code Section 5551, inspections must be performed by a licensed structural engineer, civil engineer, or architect. For SB 721 / Health and Safety Code Section 17973, inspections may be performed by a licensed architect, licensed civil or structural engineer, certain qualified A, B, or C-5 contractors with the required experience, or certain certified building inspectors/building officials, as allowed by statute
Inspections are required at least once every nine years. The first inspection deadline was January 1, 2025, and then every nine years thereafter.
Generally, no. The widely cited January 1, 2026 extension applies to SB 721-type multifamily rental properties, not the standard SB 326 HOA/condo deadline. The Oakland guidance, for example, distinguishes January 1, 2025 for SB 326 from January 1, 2026 for SB 721 properties.
SB 326 requires a random and statistically significant sample inspection designed to provide 95% confidence with a margin of error of no greater than plus or minus 5%. The report addresses current condition, remaining useful life, and recommended repairs or replacement.
The inspector must provide the report to the association immediately and to the local code enforcement agency within 15 days. The association must then take preventive measures right away, including restricting access until repairs are inspected and approved.
Last Updated: March 2026
Effective January 1, 2026, SB 410 expanded the condo-side rules tied to Civil Code Section 5551. The most recent inspection report must now be included in the seller disclosure package, the report is part of association records subject to inspection, and the report itself must include first-page summary items such as total units, number of exterior elevated elements, number inspected, and certification that a statistically significant sample was inspected.
SB 410 is a California law that updates the SB 326 process for common interest developments such as condominium associations. It adds new report-content requirements, expands record-retention obligations, and makes the most recent exterior elevated element inspection report part of the disclosure package for prospective purchasers.
No. SB 410 does not replace SB 326. It builds on the existing SB 326 inspection framework by adding new reporting, record, and disclosure requirements for qualifying HOA-governed properties.
SB 410 was approved on October 10, 2025, and became effective on January 1, 2026.
SB 410 requires the first page of the report to include specific summary information, including the inspection date, the total number of units in the condominium project, the number of units with exterior elevated elements, the total number of exterior elevated elements, the number inspected, and the number identified as posing an immediate safety threat, if any. The report must also certify that the inspector evaluated a statistically significant sample as required by law.
Yes. SB 410 adds the most recent exterior elevated element inspection report to the list of documents that a separate-interest owner must provide to a prospective purchaser in an applicable common interest development sale.
Yes. SB 410 adds these inspector’s reports to the association-records framework and requires them to be maintained for two inspection cycles.
No. SB 410 amends Civil Code provisions that apply to common interest developments and condominium associations. It is not the SB 721 apartment-building law.
No. SB 410 is not a seismic retrofit law. It updates inspection, reporting, and disclosure rules for exterior elevated elements in HOA / condo properties.
Last Updated: March 2026
SB 721 is California’s exterior elevated element inspection law for buildings with three or more multifamily dwelling units outside the HOA/common-interest-development context, such as many apartment properties. It is codified in Health and Safety Code section 17973.
No. SB 721 is not a seismic retrofit law. It is a safety inspection law for certain balconies, decks, porches, stairways, walkways, and entry structures, along with their associated waterproofing and load-bearing components.
The owner of the building is responsible for hiring the inspector and correcting elements found to need repair or replacement.
SB 721 applies to exterior elevated elements such as balconies, decks, porches, stairways, walkways, and entry structures that:
Inspector qualifications depend on which law applies. For SB 326 / Civil Code Section 5551, inspections must be performed by a licensed structural engineer, civil engineer, or architect. For SB 721 / Health and Safety Code Section 17973, inspections may be performed by a licensed architect, licensed civil or structural engineer, certain qualified A, B, or C-5 contractors with the required experience, or certain certified building inspectors/building officials, as allowed by statute
Report handling depends on the law and the severity of the findings. For SB 326 properties, the report is generally presented to the association board and maintained as an association record. If an immediate threat to occupant safety is identified, the inspector must also provide a copy to the local code enforcement agency and access must be restricted until repairs are approved. For SB 721 properties, the owner receives the initial report, and a final report may also be prepared after required repairs are completed
At least 15% of each type of exterior elevated element must be inspected.
SB 721 inspections are required every six years.
The original statute set the first deadline at January 1, 2025, but that deadline was extended to January 1, 2026 by AB 2579. City guidance from Oakland reflects that extension.
If the report identifies an immediate threat, the inspector must send the report to the owner and the local enforcement agency. The owner must take preventive measures immediately, which can include restricting access and performing emergency repairs or shoring.
Current SB 721 includes a delay mechanism for confirmed asbestos-containing material. If asbestos is confirmed and prevents the inspection from being completed, the owner may have up to nine months to complete necessary abatement, followed by up to three additional months to complete the inspection.
Non-compliance can create enforcement exposure, increased liability, insurance and lender complications, escrow and disclosure issues, and added pressure from local agencies when unsafe conditions exist.
Yes. If an exterior elevated element is found to need repair or replacement, the owner must correct it, obtain any required permits, and use a qualified licensed contractor.
Note: SB 326 and SB 721 are often mentioned alongside retrofit work, but they are not seismic retrofit statutes. They are California laws requiring inspection and, when needed, repair of certain exterior elevated elements like balconies and decks. Seismic retrofit requirements are governed separately and may depend on the building type and local jurisdiction. In Los Angeles, for example, mandatory seismic retrofits can apply to certain pre-1978 wood-frame soft-story buildings and non-ductile concrete buildings under city retrofit ordinances.
Contact LA Construction Consultants today to safeguard your property, comply with city ordinances, and protect the lives of your tenants.