SB 721

SB 721, signed into law in 2018, requires owners of multifamily residential buildings with three or more dwelling units to conduct inspections of exterior elevated elements — including balconies, decks, walkways, stairways, and their railings — that are constructed with wood or wood-based products and are six or more feet above ground level. Like its companion law SB 326, SB 721 was enacted in response to the 2015 Berkeley balcony collapse. The critical distinction between the two laws is scope: SB 326 applies only to condominium associations governed by the Davis-Stirling Act, while SB 721 applies to all multifamily buildings with three or more units, including apartment buildings, mixed-use properties, and non-condominium HOA buildings. For HOA communities organized as planned developments with multi-unit buildings (rather than condominiums), SB 721 is the applicable inspection law. Inspections must be performed by a licensed architect, licensed civil or structural engineer, building contractor holding a General B license, or a certified building inspector or building code official. The inspector must provide a written report identifying the condition of the elements inspected and any necessary repairs. If an inspection reveals conditions that pose an immediate threat to safety, the building owner must take preventive measures immediately, including restricting access to the affected area, and notify the local enforcement agency. Initial inspections were required by January 1, 2025, with subsequent inspections due at least every six years — a more frequent cycle than SB 326's nine-year requirement. Building owners who fail to comply face civil penalties from local enforcement agencies.