Compliance3+ Unit MultifamilyDeadline: Jan 1, 2026 + Every 6 YearsInspection Min: 15% Per EEE Type
SB 721: Balcony & Exterior Elevated Element (EEE) Inspections
A plain-English, statute-only overview of SB 721 (CA Health & Safety Code §§ 17973–17973.2). Covers who it applies to, what gets inspected, deadlines, what the report must say, and what must be delivered to a buyer.
Updated April 15, 2026 · By the Luna Title Team
Realtor Summary
If you're representing a buyer or seller of a 3+ unit multifamily building in California, SB 721 requires periodic inspections of certain balconies/decks/walkways/stairs that are elevated and include load-bearing components. These inspections produce reports that may need to be delivered to a buyer at sale (per statute).
Applies to
Buildings with three or more multifamily dwelling units (statute scope)
Due dates
Inspection completed by Jan 1, 2026, then every 6 years after that
Escrow relevance
Reports must be retained and delivered to the buyer at a subsequent sale (per statute)
Reminder: This is a statute-only summary (not legal advice). Local jurisdictions can add requirements.
Statute Summary Only: This page summarizes select provisions of California Health & Safety Code §§ 17973–17973.2 in plain language. It is provided for general informational and educational purposes only and is not legal advice, code-compliance advice, or guidance for any specific property, jurisdiction, or transaction. For authoritative requirements, consult the statutory text and the applicable local authority having jurisdiction.
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Does SB 721 Apply Here?
At a high level, SB 721 creates inspection requirements for certain exterior elevated elements (EEEs) at qualifying multifamily buildings.
SB 721 requires inspections of certain exterior elevated elements that include load-bearing components in buildings containing three or more multifamily dwelling units. The statute describes the evaluation in terms of safety-related conditions (including deterioration, decay, moisture intrusion, and related structural performance).
- Covered buildings: buildings containing three or more multifamily dwelling units
- Covered elements: exterior elevated elements that include load-bearing components, as defined by statute
Statute excerpt: Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected.
In plain terms: If it's a 3+ unit multifamily building and it has qualifying elevated exterior structures with load-bearing components, inspections are required.
HSC §17973(a)
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What Parts of the Building Trigger SB 721?
SB 721 includes statutory definitions that control what is and is not covered.
Examples of exterior elevated elements can include structures such as:
- Balconies and decks
- Porches and patios
- Stairways and walkways
- Entry structures and landings
Important note
Whether a specific structure is covered depends on the statute's definitions and the element's characteristics (including height and whether it includes load-bearing components).
One definition referenced in the statute includes:
- A walking surface elevated more than six feet above ground level (as stated in the statute)
Statute excerpt: A walking surface that is elevated more than six feet above ground level.
In plain terms: A common trigger is an exterior walking surface elevated more than 6 feet above the ground (per the statutory definition).
HSC §17973(b)(2)
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How Often + How Much Gets Inspected?
SB 721 sets a minimum sampling standard and an every-6-years recurring inspection schedule.
Minimum Sampling
SB 721 requires a minimum sampling standard by exterior elevated element type.
- Minimum sampling: at least 15% of each type of exterior elevated element
Statute excerpt: A sample of at least 15 percent of each type of exterior elevated element shall be inspected.
In plain terms: They don't have to open up every balcony/deck — there's a minimum 15% sampling requirement for each type of element.
HSC §17973(c)(2)
Recurring Schedule
- Initial deadline: inspection completed by January 1, 2026
- Thereafter: inspection completed by January 1 every six years thereafter
Statute excerpt: The inspection shall be completed by January 1, 2026, and by January 1 every six years thereafter.
In plain terms: Think of this like a recurring compliance cycle: initial deadline, then repeating every 6 years.
HSC §17973(d)(1)
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What Must the Inspection Report Include?
SB 721 specifies what the report must cover and when it must be delivered.
SB 721 requires the inspection to be documented in a written report, stamped or signed by the inspector, and it outlines core items the evaluation/report must address.
- Timing: written report presented to the owner (or agent) within 45 days of completing the inspection
- Baseline documentation: photos/test results + narrative sufficient to establish a baseline for comparison to later inspections
- Threat/access language: report must advise whether any element poses an immediate threat and whether access restriction/emergency repairs are necessary
Statute excerpt: A written report… presented… within 45 days… sufficient to establish a baseline… [and] advise which… poses an immediate threat… and whether preventing occupant access or conducting emergency repairs… are necessary.
In plain terms: The report has timing rules and must clearly call out immediate safety threats and whether access should be restricted or emergency repairs are needed.
HSC §17973(c)(4) (report timing/baseline) + §17973(c) (threat/access language)
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What Must Be Given to the Buyer?
SB 721 includes record-retention language and a delivery requirement tied to a sale.
- Retention: copies of all inspection reports must be maintained in the building owner's permanent records for not less than two inspection cycles
- Sale: reports must be disclosed and delivered to the buyer at the time of any subsequent sale of the building
- Subsequent reports: later inspection reports must incorporate copies of prior inspection reports (including locations of inspected EEEs)
Statute excerpt: Copies of all inspection reports… maintained… for not less than two inspection cycles… disclosed and delivered to the buyer at the time of any subsequent sale…
In plain terms: For transactions: if the building has SB 721 reports, the statute says they must be disclosed and delivered to the buyer at sale.
HSC §17973(d)(1)
Escrow Checklist (Practical)
- Ask seller early: Do you have the most recent SB 721 inspection report(s)?
- If yes: Request copies for the buyer file/disclosures.
- If no / overdue: Flag early so the parties can decide how to handle timing and negotiations.
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Who Can Perform the Inspection?
SB 721 lists categories of individuals authorized to perform inspections, subject to the statute's conditions.
- Licensed architect
- Licensed civil engineer
- Licensed structural engineer
- Building contractor holding A, B, or C-5 license classifications with minimum 5 years' experience in multistory wood-frame construction
- Certified building inspector/building official (recognized association, as determined by local jurisdiction)
Local jurisdiction discretion (statute)
The statute states that local enforcement agencies may determine whether additional information is provided in the report and may require submission of the initial and/or final reports.
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If the Report Flags Problems, What Happens Next?
SB 721 defines “emergency conditions” and includes specific timelines for preventive measures and repairs.
Emergency Conditions
SB 721 treats an exterior elevated element as an "emergency condition" if the inspector advises it poses an immediate threat to occupant safety, or finds preventing occupant access and/or emergency repairs (including shoring) are necessary.
- Preventive measures: required preventive measures performed immediately
- Access restriction: immediately restricting occupant access until emergency repairs can be completed is treated as compliance with the immediate preventive-measures requirement
- Reporting: repairs of emergency conditions must be inspected and reported to the local enforcement agency
Statute excerpt: …shall perform required preventive measures immediately… Immediately preventing occupant access… constitutes compliance…
In plain terms: If the inspector says it's an immediate safety threat, the statute expects immediate action (including restricting access).
HSC §17973(h)(1)
Non-Emergency Repairs
If the inspector advises that the condition does not pose an immediate threat, SB 721 provides permit and completion timelines tied to the inspection report and permit approval.
- Permit application: apply within 120 days of receipt of the inspection report
- Completion after permit approval: complete within 120 days after permit approval (unless extended by the local enforcement agency)
Statute excerpt: …apply for a permit within 120 days… Once the permit is approved… 120 days to make the repairs…
In plain terms: If it's not an immediate threat, the statute still creates a timeline: permit application, then completion after permit approval.
HSC §17973(h)(2)
15-day report copy rule (statute)
If a report recommends immediate repairs, advises an immediate threat, or states access restriction/emergency repairs are necessary, the statute requires a copy be provided to the owner and the local enforcement agency within 15 days of completion of the report.
Statute excerpt: …shall be provided… within 15 days of completion of the report.
In plain terms: When the report is urgent (immediate threat / emergency language), the statute accelerates delivery to the owner and local agency.
HSC §17973(d)(1)
Important restriction (statute)
SB 721 includes restrictions intended to prevent conflicts of interest between inspection findings/recommendations and repair performance.
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Special Timing Provisions (Statute)
SB 721 includes additional timing rules for certain scenarios.
- Buildings with permits submitted on/after Jan 1, 2019: inspection occurs no later than six years following issuance of a certificate of occupancy (and otherwise must comply with the section).
- Prior inspection within 3 years before Jan 1, 2019 (with a qualifying report): no new inspection required until January 1, 2026.
- Asbestos-containing material (ACM) delay: if ACM is confirmed and prevents completing the inspection, the statute provides up to nine months for abatement + up to three months thereafter to complete the inspection.
Statute excerpt: …six years following issuance of a certificate of occupancy… no new inspection… until January 1, 2026… up to nine months… and… three months…
In plain terms: There are a few scenario-based timing rules (newer buildings, qualifying prior reports, and an ACM delay provision).
HSC §17973(d)(2) + §17973(e) + §17973(f)
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What Happens If Repairs Don't Get Done?
The following consequences are expressly stated in SB 721 for failure to complete required repairs.
- If required repairs are not completed within 180 days, the inspector must notify the property owner and the local enforcement agency.
- If repairs remain incomplete 30 days after notice, the owner must be assessed a civil penalty set by the local authority.
- The civil penalty must be $100–$500 per day until repairs are completed (unless extended by the local enforcement agency).
- A local jurisdiction may record a building safety lien with the county recorder.
- The lien has the force, effect, and priority of a judgment lien and may be foreclosed.
- Local enforcement agencies may recover enforcement costs associated with the requirements of the section.
Statute excerpt: …civil penalty… not less than… $100… nor more than… $500 per day… building safety lien… force, effect, and priority of a judgment lien…
In plain terms: The statute escalates pressure over time: notice, daily penalties, and potential lien mechanics depending on local jurisdiction actions.
HSC §17973(i)–(l)
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