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: is there a homeowners association?
The deciding factor is not whether the units are rented. It is whether the building is a common interest development, which is the legal term for a condominium or a property governed by a homeowners association. If it is, SB 326 applies. If it is not, and the building has three or more dwelling units, SB 721 applies.
This catches people out. SB 721 is written to reach “all buildings containing three or more multifamily dwelling units” (Health and Safety Code 17973(a)), and tenancy is not part of that test. Health and Safety Code 17973(n) then carves out common interest developments, because SB 326 covers those instead. So an owner-occupied triplex with no association is under SB 721 even though nothing in it is rented. If you assumed the balcony laws were only for landlords, check again.
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, multifamily buildings
SB 721 applies to multifamily buildings with three or more dwelling units. The first inspection deadline was moved to January 1, 2026 by AB 2579, or six years from the certificate of occupancy for buildings whose permit was applied for on or after January 1, 2019, and re-inspection is then required by January 1 every six years, so the next statewide date is January 1, 2032. 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 whose building permit application was submitted 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+ dwelling units with wood balconies, decks, stairs, or walkways over 6 ft → SB 721. First deadline January 1, 2026 (AB 2579), or six years from the certificate of occupancy if the building permit application was submitted on or after January 1, 2019, then by January 1 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, or six years from the certificate of occupancy if the building permit application was submitted on or after January 1, 2020, 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 multifamily owners under SB 721 and for HOA boards under SB 326.