Balcony and Deck Inspections Under SB 721: A Guide for Owners of 3+ Units

Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 20, 2026.

California Health and Safety Code § 17973 (SB 721) requires inspection of wood-supported balconies, decks, stairways, walkways and similar "exterior elevated elements" more than six feet above ground in buildings with three or more multifamily dwelling units. The first statewide deadline was January 1, 2026 (AB 2579 moved it there from January 1, 2025), and the inspection repeats by January 1 every six years after that. If you own a covered building and have not had the inspection, you are already past the deadline.

The short version

• Covered: buildings with "three or more multifamily dwelling units" whose elevated elements rely in whole or substantial part on wood (§ 17973(a), (b)(2)).
• Not covered: any common interest development, including condo buildings, which follow Civil Code § 5551 instead (§ 17973(n)).
• The first deadline was January 1, 2026; the next statewide date in the statute is January 1, 2032.
• The owner hires the inspector, and the written report is due within 45 days of the inspection.
• Emergency conditions require immediate action; other repairs need a permit application within 120 days of the report.
• Keep every report for at least two inspection cycles and give copies to a buyer.

Does your building fall under § 17973?

All of these must be true for an element to be covered:

• The building contains three or more multifamily dwelling units (§ 17973(a)).
• The element is a balcony, deck, porch, stairway, walkway or entry structure that extends beyond the building's exterior walls (§ 17973(b)(2)).
• Its walking surface is elevated more than six feet above ground level and is designed for human occupancy or use.
• It relies in whole or in substantial part on wood or wood-based products for structural support or stability. The definition includes supports and railings.

A concrete or steel balcony that does not rely in substantial part on wood is outside the definition. The inspection covers the element's "load-bearing components" (the parts that carry loads from the element back to the building) and the "associated waterproofing elements," which include flashings, membranes, coatings and sealants (§ 17973(b)(1), (b)(3)).

Deadlines and the six-year cycle

The asbestos extension came from AB 130, effective June 30, 2025.

Who can inspect, and what the report must cover

The owner hires the inspector, who may not be employed by the local jurisdiction while doing the inspection (§ 17973(a)). The inspector must be one of these:

• A licensed architect.
• A licensed civil or structural engineer.
• A building contractor holding an "A," "B" or "C-5" CSLB classification, with at least five years' experience in that classification constructing multistory wood frame buildings.
• An individual certified as a building inspector or building official by a recognized state, national or international association, as determined by the local jurisdiction.

The inspection must check that the elements and their waterproofing are in "a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration." Under § 17973(c), the inspector must:

1. Identify each type of element that, if defective, would threaten occupants' health or safety.
2. Assess load-bearing components and waterproofing by direct visual examination or comparable means, looking at a sample of at least 15 percent of each type of element.
3. Address current condition, expected future performance and projected service life, and recommend any further inspection.
4. Deliver a written report, stamped or signed, to you or your designated agent within 45 days of finishing the inspection, with photographs, any test results and enough narrative to set a baseline. The report must say whether any element poses an immediate threat and whether blocking access or emergency repairs, including shoring, are needed.

If a report finds an immediate threat or recommends immediate repairs, the inspector sends it to you and to the local enforcement agency within 15 days (§ 17973(d)(1)). On request, the inspector issues a final report showing required repairs are done. Later reports must include copies of earlier ones.

Repairs, emergencies and penalties

The owner corrects elements that need repair or replacement, using a qualified, licensed contractor and obtaining all necessary permits from the local jurisdiction (§ 17973(g)). The timeline runs like this:

1. Emergency condition. If the inspector finds an immediate threat, you must take preventive measures immediately. Blocking occupant access to the element until emergency repairs are done counts as compliance. Emergency repairs must be inspected by the inspector and reported to the local enforcement agency (§ 17973(h)(1)).
2. Other repairs. Apply for a permit within 120 days of receiving the report. Once the permit is approved, you have 120 days to make the repairs unless the local agency grants an extension (§ 17973(h)(2)).
3. Enforcement. If repairs are not done within 180 days, the inspector notifies the local agency and you. If they are still not completed 30 days after that notice, the statute calls for a civil penalty, set by the local fee schedule, of $100 to $500 per day until the repairs are done, unless the agency grants an extension (§ 17973(i)(2)). The agency may also record a building safety lien and recover its enforcement costs (§ 17973(i)(3), (j), (l)).

Ongoing maintenance of the elements is the owner's responsibility (§ 17973(k)). For choosing and contracting with a licensed contractor, see hiring contractors for rental repairs. Termite reports also cover wooden decks, stairs and landings attached to the structure (16 CCR § 1990(g)); see termites and wood-destroying pests.

Entering tenants' units for the inspection

Civil Code § 1954(a)(6) lists compliance with § 17973 as a permitted reason to enter a unit. The usual rules apply: reasonable written notice stating the date, approximate time and purpose (24 hours is presumed reasonable), entry during normal business hours unless the tenant consents at the time, and no abuse of the right of access (§ 1954(c), (d)(1)). See landlord entry and preventive maintenance checks and entry rules.

Condos and HOA buildings: a different rule

If you rent out a condo, the association inspects the elements it maintains under § 5551. Whether you have any duty for a balcony the governing documents assign to the unit owner is not addressed in § 5551, so check your HOA's governing documents and ask the association.

For owners

• Confirm whether your building is covered, element by element, using the definitions above.
• If you have not had the inspection, hire a qualified inspector now.
• Calendar the 45-day report date, the 120-day permit deadline and the next six-year date.
• File every report, permit and final report together. You must keep copies for at least two inspection cycles and deliver them to a buyer at sale (§ 17973(d)(1)); see keeping rental records.

Local rules

Cities and the County may adopt stricter requirements than § 17973 (§ 17973(o)), may require extra report content, and may require reports to be submitted to them. Penalties follow the local fee schedule. Ask your city's building department, or the County of San Diego's Planning & Development Services for unincorporated areas, how it enforces the law and whether it wants copies of reports.

Frequently asked questions

Does SB 721 apply to a duplex or a single-family rental?

The statute applies to "all buildings containing three or more multifamily dwelling units" (§ 17973(a)). A building with fewer units does not meet that test. Even in a covered building, only wood-supported elements with a walking surface more than six feet above ground are included.

What happens if I missed the January 1, 2026 deadline?

The deadline has passed, so a covered building without an inspection is out of compliance until one is done. The daily civil penalty in § 17973(i) is tied to required repairs that are not completed after notice, and local agencies set their own fee schedules and enforcement steps. Schedule a qualified inspector promptly and ask your local building department how it handles late inspections.

Can my regular handyman do the SB 721 inspection?

Only if the person fits one of the categories in § 17973(a): licensed architect, licensed civil or structural engineer, an "A," "B" or "C-5" contractor with five years' experience building multistory wood frame buildings, or a certified building inspector or building official.

Do tenants have to let the inspector in?

Civil Code § 1954(a)(6) allows entry to comply with § 17973, with the normal written notice and business-hours rules. Refusing lawful entry under § 1954 is listed as an at-fault just cause for ending a covered tenancy (Civil Code § 1946.2(b)(1)).

My rental is a condo. Is the balcony inspection my job?

Section 17973 does not apply to common interest developments. The association inspects elements it maintains under Civil Code § 5551. For any element your governing documents assign to you, check those documents and ask the association.

This is general information, not legal or tax advice. Rules change; confirm your situation with a California attorney, your local building or fire department, or a licensed professional.

Sources

• Health and Safety Code § 17973 (opens in a new tab)
• AB 2579 (Stats. 2024, ch. 835) (opens in a new tab)
• AB 130 (Stats. 2025, ch. 22) (opens in a new tab)
• Civil Code § 5551 (opens in a new tab)
• SB 410 (Stats. 2025, ch. 516) (opens in a new tab)
• Civil Code § 1954 (opens in a new tab)
• Civil Code § 1946.2 (opens in a new tab)
• 16 CCR § 1990 (opens in a new tab)

Verified October 19, 2026.