SB 326 vs. SB 721: The Side-by-Side Chart Every Property Owner Should Print Out

SKS BLOG

California didn't pass two balcony inspection laws by accident. SB 326 and SB 721 exist because balconies, decks, and elevated walkways have been killing people — and for years, nobody was checking them. If you own multifamily property in Los Angeles, you are now legally required to act. The question is: which law applies to you, and what exactly do you need to do?

At SKS Construction, we've been handling structural work across LA since 1987. Our in-house licensed structural engineer has walked hundreds of these properties. Here's the clearest breakdown you'll find anywhere.

Why Two Laws? The Short Answer.

California legislators recognized that condominiums and rental apartments operate under completely different ownership and accountability structures. HOA boards answer to unit owners. Landlords answer to tenants and the city. So the state created two separate inspection mandates — one for each. Knowing which one covers your building isn't optional. Getting it wrong can mean missed deadlines, failed inspections, or worse: liability when something fails.

SB 326 vs. SB 721: The Side-by-Side Breakdown

Who It Applies To SB 326 applies to condominium associations and HOAs — any common interest development with three or more units. SB 721 applies to apartment buildings — multifamily residential properties with three or more units that are NOT condominiums.

Who Enforces It SB 326 is enforced through the HOA's obligation to its unit owners and the Davis-Stirling Act. SB 721 is enforced by local building departments — meaning the city can cite you directly.

Inspection Deadline SB 326 required the first inspection to be completed by January 1, 2025, with re-inspections every six years. SB 721 set a deadline of January 1, 2025 as well, with re-inspections every six years thereafter.

Who Can Perform the Inspection SB 326 requires a licensed architect or structural engineer — no exceptions. SB 721 allows licensed contractors (with specific A, B, or C-5 licenses) in addition to architects and structural engineers.

What Gets Inspected Both laws focus on Exterior Elevated Elements (EEEs) — balconies, decks, stairways, walkways, and their associated waterproofing and structural supports. The key threshold: any walking surface more than six feet above grade that is supported by wood or wood-based products.

What Happens If There's Damage Under SB 326, the HOA board must take action and disclose findings to unit owners. Under SB 721, the building owner has 120 days to complete non-emergency repairs. Emergency conditions — meaning imminent threat to life — must be addressed immediately and reported to the local building department within 15 days.

Inspection Method Both laws permit non-destructive inspection methods, including visual examination and borescope (camera probe) inspection — which means minimal disruption to residents. In some cases, physical probing into the structural assembly is required when visual inspection is inconclusive.

Documentation Required Both laws require a written inspection report stamped by the inspector of record. That report must be retained for the life of the building.

The Part Most Owners Miss

Passing inspection isn't the finish line — it's the starting gun. If your inspector identifies any moisture intrusion, rot, corrosion, or compromised waterproofing, repairs must be completed and re-inspected before you're in full compliance. Owners who receive a report and sit on it aren't protected. The liability clock keeps running.

This is where working with a firm that handles both inspection and repair under one contract matters. When SKS identifies an issue during inspection, our structural engineer can move directly into repair scope, engineering, permitting, and construction — no handoff, no delay, no finger-pointing between vendors.

Common Questions We Hear From Property Owners

"My building is small — does this really apply to me?" If you have three or more units and any walking surface more than six feet off the ground supported by wood, yes. The law does not have a small-building exemption.

"We had a general contractor look at our balconies two years ago. Does that count?" Not unless that inspection was performed by a qualifying professional and produced a written report meeting the specific requirements of SB 326 or SB 721. A maintenance check is not a compliance inspection.

"What if our balconies are concrete?" Both laws specifically target wood and wood-based structural supports. If your balconies are purely concrete and steel with no wood framing, the statute may not apply — but this requires a professional assessment to confirm.

"What's a borescope inspection?" It's a minimally invasive camera probe inserted into small drilled holes in the structure to view the condition of concealed framing members. It avoids the cost and disruption of opening up walls or ceilings. SKS uses borescope inspection as our primary non-destructive method under both SB 326 and SB 721.

What Happens If You Don't Comply

Under SB 721, your local building department can issue a notice of violation and, in serious cases, red-tag units — meaning residents must vacate. You're also exposed to civil liability if an elevated element fails and someone is injured. Insurance carriers are increasingly scrutinizing balcony inspection records during policy renewals. Non-compliance isn't just a legal risk. It's a financial one.

SKS Construction: Inspection and Repair Under One Roof

We don't subcontract your balcony inspection to a third party and hand you a report. Our licensed structural engineer performs the inspection, documents findings, and — if repairs are needed — our construction team handles permitting, structural repair, waterproofing, and city sign-off on a fixed-price contract.

39 years. 800+ soft-story retrofits. Hundreds of SB 326 and SB 721 inspections completed across Los Angeles County. 80% of our clients come back because the process is clean, the pricing is fixed, and the work gets done right the first time.

Schedule Your FREE SB 326 or SB 721 Inspection Assessment

If you're not sure whether your property is in compliance — or you've received a report and need help understanding what comes next — call us directly.

 (818) 855-1181 | info@sksconstruction.com | sksconstruction.com

SKS Construction | Design | Engineer | Build | Since 1987

One call covers inspection, engineering, repair, permits, and city sign-off. No runaround. No surprises on the bill.

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