SB 721 Summary: Balcony & Exterior Elevated Element (EEE) Inspections
This is a plain-English, statute-only overview of SB 721 (CA Health & Safety Code §§ 17973–17973.2). It highlights what real estate professionals usually care about: who it applies to, what gets inspected, deadlines, what the report must say, and what must be delivered to a buyer.
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).
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.
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
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
One definition referenced in the statute includes:
- A walking surface elevated more than six feet above ground level (as stated in the statute)
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
Recurring Schedule
- Initial deadline: inspection completed by January 1, 2026
- Thereafter: inspection completed by January 1 every six years thereafter
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
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)
- 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.
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)
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
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)
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.
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.
