Free Lunch & Learn: 2025 California Balcony Law Update

With the first compliance deadline set for January 1, 2026, it’s tempting to wait. But acting early has its advantages:

1. Avoid Last-Minute Chaos: Inspectors’ schedules fill up fast as deadlines approach.
2. Plan for Repairs: If issues are uncovered during your balcony inspection, you’ll need time to address them.
3. Save Money: Early detection of minor issues can prevent major, costly repairs.
4. Stay Compliant: Procrastination can lead to non-compliance penalties, and no one wants that stress.

The sooner you schedule your balcony inspection, the more time you’ll have to ensure everything is up to standard.

Not just anyone can conduct a balcony inspection. You’ll need a qualified professional, such as:

• A licensed structural engineer or architect.
• A certified building inspector.
• A licensed contractor experienced in exterior elevated elements (EEEs), (A, B, or C-5) with at least 5 years’ experience constructing multistory wood frame buildings.

Ensure that whoever you hire understands California’s specific balcony inspection laws and has a track record of reliable, thorough work.

Repairs classified as “immediate action required” represent a real and present risk to life and safety. If a safety inspection reveals such issues, the inspector must notify the local building department and the building owner within 15 days of the inspection.

At that point, the building owner must inform tenants and prevent access to the area if needed.

The owner then has 120 days to obtain a building permit for the required repairs and an additional 120 days to complete the necessary repairs.

Not always. During a balcony inspection, professionals often inspect a representative sample of balconies, decks, and other elevated structures.

If the sample reveals widespread issues, the inspector may recommend a more comprehensive evaluation. It’s about ensuring safety without unnecessary disruptions.

The law requires inspection of at least 15 percent of each type of Exterior Elevated Element. This means not all elements will be inspected and the number of elements inspected will vary based on the total number of elements at each community. Elements are selected randomly using a validated random selection process. SB326 requires 95% of all exterior elevated elements to be inspected.

Frequency depends on the law governing your property:

• SB 721: Inspections are required every 6 years for apartment buildings.
• SB 326: Inspections for condominiums must be conducted every 9 years, with the first inspection required by January 1, 2025.

Staying on schedule not only ensures compliance but also helps catch and resolve issues before they escalate.

The decision is typically made by the licensed professional conducting the inspection. They’ll identify a sample of balconies and other EEEs based on:

• The property’s size and layout.
• The condition of the structures.
• Areas showing visible signs of wear or damage.

Their goal is to provide an accurate assessment while minimizing disruption.

Based upon the inspections, the inspector shall issue a written report containing the following information for each inspected element:

1. The identification of the building components comprising the load-bearing components and associated waterproofing system.
2. The current physical condition, including whether the condition presents an immediate threat to the health or safety of the occupants.
3. The expected future performance and projected service life.
4. Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.

The written report must be presented to the Owner of the building within 45 days of completion of the inspection. If the inspector advises that the Exterior Elevated Element poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, then the report shall be provided by the inspector to the Owner of the building and to the local enforcement agency within 15 days of completion of the report.

Skipping a required balcony inspection can have serious consequences:

1. Fines and Legal Penalties: Non-compliance can lead to hefty fines or lawsuits if an incident occurs.
2. Costly Repairs Later: Minor issues can become major (and expensive) problems if left unaddressed.
3. Tenant Safety Risks: Ignoring inspections puts tenants at risk, damaging your reputation and liability exposure.
4. Insurance Issues: Non-compliance could lead to higher premiums or denied claims.

Avoiding a balcony inspection might save time now, but it’s a costly gamble in the long run.

Under the new bill, penalties of $100-$500 per day will be assessed for non-compliant facilities. If a civil fine or penalty has been assessed, the local jurisdiction also reserves the right to enforce a safety lien against the facility. If a building owner refuses to pay the fines issued against them, the local jurisdiction can seek to satisfy the lien through foreclosure.

Yes, if the stairs and landings are constructed from 100% metal or concrete, and there is zero wood used in any part of the structure.

It depends on the specific situation. Please give us a call and we’ll help determine if it qualifies under the inspection requirements.

This is also determined on a case-by-case basis. Contact us for assistance in evaluating your property.

If the property is part of an HOA with three or more units, then yes, the balconies must be inspected.

Yes, if there are three or more units within the HOA, even if they are owner-occupied.

Yes, timeshare condos must be inspected if they are part of an HOA with three or more units.

• The inspection report must be disclosed at the time of sale.
  
• Only failing reports need to be submitted to the city.
  
• Property owners must retain the inspection report for two full inspection cycles:
  
  • 12 years for SB 721
  • 18 years for SB 326

Permits may be required depending on the type of failure identified during the inspection. Property owners should check with their local jurisdiction.

Reports are submitted to your local city or county jurisdiction, with the responsible department varying by location.

Yes, owners may be sued if an uninspected or unsafe balcony results in injury, property damage, or non-compliance.

Tenants can pursue legal action if unsafe conditions are identified and not properly addressed by the owner.