The short answer
If you own a building with three or more dwelling units and it has a balcony, deck, porch, stair, walkway, or entry structure that is more than six feet above the ground, extends beyond the exterior wall, and relies substantially on wood for support, state law requires a licensed or certified professional to inspect it. Rental apartment buildings follow California Health and Safety Code §17973, known as SB-721. Condominiums and other common interest developments follow Civil Code §5551, known as SB-326.
The first SB-721 inspection was due January 1, 2026, after AB 2579 extended the original 2025 date. The first SB-326 inspection was due January 1, 2025, and that date was never extended. If you have not inspected yet, you are already out of compliance, and the fastest fix is to schedule the inspection now.
Two laws, two building types
The laws cover the same physical elements but differ in who owns the obligation, who may inspect, and how often.
| SB-721 (HSC §17973) | SB-326 (Civil Code §5551) | |
|---|---|---|
| Applies to | Buildings with 3+ multifamily dwelling units (apartments) | Condominium / common interest developments with 3+ units, where the association maintains the elements |
| Responsible party | Building owner | Homeowners association |
| Who may inspect | Licensed architect or civil/structural engineer, or other statutorily qualified inspector | Licensed architect, civil engineer, or structural engineer only |
| Sample | At least 15% of each type of element | A random, statistically significant sample |
| First deadline | January 1, 2026 | January 1, 2025 |
| Repeat cycle | By January 1 every 6 years | Every 9 years, with the reserve study |
The apartment statute expressly does not apply to common interest developments, so an HOA cannot rely on the SB-721 extension or on an SB-721-only inspector.
How the SB-326 sample is sized
Civil Code §5551 defines a statistically significant sample as enough units to give 95 percent confidence that the results reflect the whole, with a margin of error no greater than plus or minus 5 percent. The sample must be random. This is not a fixed percentage: for smaller associations the required share is far above SB-721’s 15 percent, and for an association under about 50 units it can approach inspecting every element.
Because the sample is set per element type, every balcony, deck, stair, and walkway has to be counted and catalogued by type before the sample size can be fixed. The report then states the total units with elevated elements, the total elements, the number inspected, and the inspector’s certification that a statistically significant sample was evaluated.
Who must comply
An exterior elevated element (EEE) under SB-721 is a balcony, deck, porch, stairway, walkway, or entry structure, including its supports and railings, that extends beyond the exterior walls, has a walking surface more than six feet above ground, is designed for people to use, and relies in whole or in substantial part on wood or wood-based products for structural support. The inspection covers the load-bearing components that carry the element back to the building and the associated waterproofing: flashings, membranes, coatings, and sealants.
Common questions about scope:
- Duplexes and single-family homes are not covered; the building needs three or more units.
- Concrete or steel elements are outside the state definition, which turns on wood support. Some cities, including Berkeley, also regulate steel-framed elements.
- Covered or inset decks still count if they sit beyond the exterior wall and weather can reach them. Oakland’s guidance says so directly.
- Fire escapes are not part of SB-721 in Oakland; the fire department inspects them separately.
- Newer buildings: if the building permit application was submitted on or after January 1, 2019, the first SB-721 inspection is due within six years of the certificate of occupancy. Under SB-326 the cutoff is January 1, 2020.
What the inspection covers
SB-721 sets a minimum scope. The inspector identifies each type of element that would threaten occupant safety if it failed, then assesses the load-bearing components and waterproofing by direct visual examination or a comparable method. At least 15 percent of each type must be inspected. In practice that often means opening a soffit, taking a core, or using a borescope, because rot and corrosion hide under finished surfaces.
The written report must be signed or stamped and delivered to the owner within 45 days of the inspection. It must cover:
- The current condition of the elements.
- Expected future performance and projected service life.
- Any further inspection the inspector recommends.
- Photographs, test results, and enough narrative to serve as a baseline for the next cycle.
- Which elements, if any, pose an immediate threat, and whether closing access or emergency shoring is needed.
Owners must keep reports for at least two inspection cycles and deliver them to the buyer when the building sells. If the inspector finds asbestos-containing material that prevents inspection, the owner has up to nine months to abate and then three months to finish the inspection.
Who may inspect
State law limits who may sign an EEE inspection. For HOAs under SB-326, only a licensed architect or a licensed civil or structural engineer qualifies; AB 2114 (2024) added civil engineers to that list, and an HOA that used anyone else did not meet §5551. The inspector cannot be employed by the local jurisdiction.
For apartments, the statute is broader, but an inspection is only the first step. When an element fails, the owner needs permit drawings, a repair under permit, and close-out within the 120-day clocks. A licensed PE can carry the building through all of it without a second hire.
What happens after a failed element
A “failed” element is one the inspector says needs repair or replacement. The statute splits these into two tracks.
Emergency conditions
If the inspector advises that an element poses an immediate threat, or that closing access or shoring is needed, the owner must act immediately. Blocking occupant access until repairs are done counts as compliance. The inspector must send the report to the owner and to the local enforcement agency within 15 days. Emergency repairs must be inspected by the inspector and reported to the agency.
Non-emergency repairs
The owner must apply for a building permit within 120 days of receiving the report, then complete repairs within 120 days of permit approval, unless the agency grants an extension. Repairs must be done by a licensed contractor, following the recommendations of a licensed professional, manufacturer specifications, the California Building Standards Code, and local rules.
Enforcement
If repairs are not completed within 180 days, the inspector must notify the owner and the local agency. Thirty days after that notice, the owner faces a civil penalty of $100 to $500 per day until repairs are complete, and the city may record a building safety lien against the property. Cities can also recover their enforcement costs.
Engineer’s note. The most common delay is not the repair itself but the permit set. If the fix involves new joists, ledgers, or posts, plan check will expect structural drawings and calculations. Starting that design early protects the 120-day clock.
Local programs: Oakland and Berkeley
State law lets cities impose stricter rules. Two East Bay cities run their own programs on top of SB-721 and SB-326.
Oakland
Oakland does not accept the inspection report on its own. The City requires its Exterior Elevated Elements Inspection Form together with the written inspection report, filed through the City of Oakland Online Permit Center. Buildings with no qualifying elements file an Exemption Declaration instead. We prepare the City form with the report so the filing is complete the first time. The inspector cannot be a current City of Oakland employee.
A complete filing is what keeps a building clear of a Notice of Violation and the fees that follow it. If the inspector finds a condition that poses an immediate threat to safety, the report goes to the owner or HOA within 15 days of the inspection, a copy goes to Oakland Code Enforcement Services, and repairs must begin right away. Oakland applies the state 120-day permit and 120-day repair timeline, and the California Building Code governs repairs regardless of what the report says.
Berkeley
Berkeley adopted the first program in California after the 2015 balcony collapse that killed six people. Its Exterior Elevated Elements (E3) program, under Berkeley Municipal Code §19.40.040, is broader than state law: it covers wood- or steel-framed weather-exposed elements more than six feet above grade, on buildings with three or more dwelling units, including hotels, dormitories, and group residences. Owners file an Inspection Certification, or an Exemption Declaration if the building has no qualifying elements. Apartment certifications were due in 2022 and repeat every six years. Condominium projects follow the state nine-year cycle.
Compliance with E3 satisfies the state: Berkeley owners who are in compliance with the E3 program do not file separately with the State to show compliance with SB-721 or SB-326. E3 uses separate forms for standard buildings, condominium projects, and exemptions, and the City revised its inspection guidelines on February 18, 2026. We prepare the certification to the current guidelines on the correct form.
Berkeley extended the condominium certification date more than once, and its published sources do not agree on the latest date. All of the published dates have passed. For associations that have not filed, we confirm the building’s status and prepare the late certification.
We serve both cities. See our EEE inspection service for local filing details in Oakland and Berkeley.
What an engineer-led inspection gets you
The cheapest inspection is rarely the cheapest outcome. Here is what we deliver on every EEE engagement:
- A qualified signer for either law. Our reports satisfy both SB-721 and SB-326, so HOAs and apartment owners get the same standard.
- A defensible sample. Elements counted and catalogued by type, with the sample sized to the statute and concealed framing reached where it matters.
- A PE-stamped report. The engineer responsible for the inspection signs the report.
- Emergency reporting handled. If a condition poses an immediate threat, we notify the owner and the local agency within the 15-day window.
- Repair design in the same engagement. Permit drawings and post-repair close-out, so the 120-day clocks stay under control.
- City filing prepared. Oakland and Berkeley each have their own forms; we prepare them with the report.
Next steps
If you missed the deadline, schedule the inspection now and keep a record of the engagement date. If you have a report with open repairs, check where you are on the 120-day permit clock. Our SB-721 and SB-326 EEE inspection service covers the inspection, the signed report, city filing, and repair design, with one responsible PE.