California has two balcony inspection laws, and owners mix them up constantly. They cover the same physical thing, the exterior elevated elements like balconies, decks, and walkways, but they apply to different kinds of buildings, run on different clocks, and require different inspectors. Applying the wrong one is an expensive mistake. Here is the plain-English way to tell which one is yours.
The one question that decides it: who owns the building?
Ownership structure is the single biggest factor. If the building is rental apartments, where you own or manage the units and rent them out, it falls under SB 721. If it is a condominium or governed by a homeowners association, it falls under SB 326. Same balconies, different statute, because the two laws were written for two different models: a landlord who controls the whole building, versus an association that maintains shared elements on behalf of many individual owners.
What both laws share
Before the differences, the common ground. Both laws apply only to multifamily buildings with three or more units, and SB 326 counts only attached units. Both inspect exterior elevated elements: balconies, decks, stairways, walkways and their railings, with a walking surface more than six feet above ground level, supported in whole or in substantial part by wood or wood-based products, along with their waterproofing. SB 721 also covers porches and entry structures; SB 326 does not name them. Both put the safety of what the inspector finds on the owner or the association. And neither is a seismic law. People confuse these with soft-story retrofit ordinances, but SB 326 and SB 721 are about the integrity of elevated wood elements, not earthquake bracing.
SB 721, rental apartments
SB 721 applies to rental buildings with three or more dwelling units. The first inspection deadline was moved to January 1, 2026 by AB 2579, and re-inspection is required every six years after that. At least 15% of each element type must be inspected. The inspection can be performed by a licensed architect, a licensed civil or structural engineer, a qualified contractor with the required experience, or a certified building inspector, as allowed by statute. If this is your building, the inspection page covers who can perform it and what happens next.
SB 326, condos and HOAs
SB 326 applies to condominium projects with three or more attached units. Its first inspection cycle was required by January 1, 2025 for existing buildings, or within six years of the certificate of occupancy for buildings permitted on or after January 1, 2020, and re-inspection is required at least every nine years. The important difference is who is allowed to do it: an SB 326 inspection must be performed by a licensed structural or civil engineer, or a licensed architect. The contractor and building-inspector options that exist under SB 721 do not apply here. For a board, the report is also a fiduciary record: it must be incorporated into the reserve study under Civil Code 5550, and since 2026 the SB 410 update adds first-page reporting, member access to the report, and resale disclosure on top. The SB 326 page for HOAs walks a board through it.
The differences that matter
A quick decision guide
Run your building through these three checks:
- 3+ rental units with wood balconies, decks, stairs, or walkways over 6 ft → SB 721. First deadline January 1, 2026 (AB 2579), then every six years. Architect, engineer, qualified contractor, or certified inspector.
- 3+ attached condo units with those same wood elements → SB 326. First cycle January 1, 2025, then at least every nine years. Licensed structural or civil engineer, or architect, only.
- Fewer than 3 units, or no wood elements more than 6 ft off the ground → likely neither law applies, but it is worth a quick confirmation before you assume you are exempt.
Whichever law applies, remember that the inspection is only the front half. Someone still has to do the repairs, pull the permits, and produce the closeout records that make compliance real. We are a Licensed California General Contractor that carries the work from findings to finished, documented compliance, for rental owners under SB 721 and for HOA boards under SB 326.