Understanding California's Two Major Deck Laws: SB-721 and SB-326

Introduction To SB 721 & SB 326

If you own a 3-4 unit building in San Francisco, 2025 is shaping up to be a critical year. Recent legislation has introduced mandatory inspection requirements for exterior elevated elements like decks and balconies. This post will break down the two key laws you need to be aware of: SB 721 and SB 326. These laws aim to prevent structural failures, protect residents, and place new responsibilities on property owners. Understanding them now will help you plan ahead and stay compliant.

SB 721 – The Balcony Inspection Law (2018)

Passed in 2018, SB 721 applies to multifamily residential buildings with three or more units. It specifically targets structures like decks, balconies, stairways, and walkways that are six feet or more above the ground.

Key Requirements SB 721:

• An initial inspection must be completed by January 1, 2026.
• Subsequent inspections are required every six years.
• Inspections must be performed by a licensed architect, civil or structural engineer, or qualified building contractor.
• If unsafe conditions are found, owners have 15 to 120 days to complete repairs, depending on the severity.

Penalties: Non-compliance can result in civil penalties and even a lien being placed on the property.

Why It Matters: SB 721 was driven by safety concerns following tragic incidents like the Berkeley balcony collapse in 2015. It applies directly to traditional multi-unit apartments and small multifamily buildings, which means if you own a 3-4 unit building, this law likely applies to you.

SB 326 – The Condo Balcony Law (2019)

Signed into law in 2019, SB 326 focuses specifically on condominium buildings and cooperative housing managed by HOAs with three or more units.

Key Requirements SB 326:

• HOAs must inspect exterior elevated elements six feet or more above the ground.
• The first inspection must be completed by January 1, 2025.
• Subsequent inspections are required every nine years.
• Inspections must be performed by a licensed structural engineer or architect.
• Inspection results must be included in the HOA’s reserve study.

Penalties: Failure to comply can expose the HOA to legal actions and financial liabilities.

Why It Matters: If your building is a condominium (even if it’s a small 3-4 unit association), you are governed by SB 326 — not SB 721. The rules around reporting and HOA reserve planning make proactive management even more critical.

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Key Differences Between SB 721 and SB 326

Next Steps for San Francisco Building Owners

Time is short. Whether your building falls under SB 721 (Jan 1, 2026) or SB 326 (Jan 1, 2025), you want to be compliant with the rules. Don't wait until the last minute, when inspectors will be overloaded and costs will rise.

If you're planning ahead for your property, be sure to also check out our main article: San Francisco 3–4 Unit Building Owners: Why 2025 Is a Critical Year for Planning Ahead.

Oliver Burgelman  

Broker Associate | DRE #01388135  

[email protected]  

415.244.5846  

sfresidential.com

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