Balcony Inspection Laws in California: What Condo Owners and Sellers Need to Know About SB 721 and SB 326
Balconies are one of the most desirable features in any condo, especially in California where outdoor living is a way of life. But recent laws like SB 721 and SB 326 have introduced new legal responsibilities for property owners with Exterior Elevated Elements (EEEs) like balconies, decks, and exterior staircases.
If you're a property owner or looking to sell a condo in California, understanding these laws is crucial—not only to stay compliant but to maximize property value and avoid costly delays during transactions.
What Are SB 721 and SB 326?
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SB 721 – Known as the "Balcony Inspection Law for Multi-Family Residential Properties", this law applies to apartment buildings with 3 or more units.
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SB 326 – Targets HOAs and condo associations, requiring regular inspections of balconies and similar structures in common areas.
Both laws were introduced after tragic structural failures and are aimed at ensuring public safety.
Who Needs to Comply?
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SB 721 applies to landlords and owners of multi-family residential buildings (non-condo) with 3+ units and EEEs.
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SB 326 applies to condominium buildings (HOA-managed) with 3+ units, especially for common area balconies and walkways.
💡 Note: Duplexes and single-family homes are not covered under these laws.
What Needs to Be Inspected?
The inspections cover structural elements such as:
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Wood framing and supports
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Flashing and waterproofing
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Signs of dry rot, termite damage, or water intrusion
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Proper drainage and load capacity
Key Deadlines
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SB 721 Deadline: First inspection must be completed by January 1, 2025.
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SB 326 Deadline: First inspection required by January 1, 2025, with follow-up inspections every 9 years.
Failing to meet these deadlines can lead to penalties and even legal liabilities, especially during a property sale.
Selling Your Condo? Here’s What to Do
If you're planning to sell a condo with a balcony in California, SB 721/SB 326 compliance is non-negotiable.
✅ 1. Get Your Inspection Done Early
Avoid last-minute delays by proactively hiring a licensed professional (A, B, or C-5 contractor, structural engineer, or architect) to inspect your balcony.
✅ 2. Complete Any Required Repairs
If issues are found, you must fix them within 120 days. Don’t risk losing a buyer over a preventable repair delay.
✅ 3. Document Everything
Provide buyers with:
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Inspection reports
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Repair receipts
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Certification of compliance
This builds trust and adds value to your condo listing.
Why Compliance Adds Value to Your Sale
A well-maintained, inspected, and documented balcony:
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Justifies a higher asking price
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Boosts buyer confidence
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Speeds up the escrow process
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Reduces liability post-sale
Pro Tip: Emphasize your balcony’s lifestyle appeal in listings—outdoor dining, city views, or morning coffee moments.
Risks of Non-Compliance
Ignoring SB 721 or SB 326 can:
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Delay or derail your sale
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Trigger HOA disputes
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Invite lawsuits if an incident occurs post-sale
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Result in code enforcement actions and fines
Final Thoughts
Balcony inspections are no longer optional—they’re the law in California. While compliance comes with costs, proactive planning protects your investment, ensures smoother property transactions, and boosts the appeal of your home to future buyers.
If you're unsure where to start, Jaret Richards can connect you with licensed professionals, review your disclosure packet, and guide you through the legal landscape of selling a condo in California.
📞 Need help preparing your condo for sale? 949-405-4455
Reach out to Jarett Richards today for trusted real estate guidance that’s compliant, efficient, and seller-focused.
Luxury Coastal Real Estate | Newport Beach
📍 Based in Orange County, CA
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