SB 721 & SB 326: What San Francisco and Marin Building Owners and HOAs Need to Know About Balcony & Deck Inspections

Introduction To SB 721 & SB 326

If you own a property in San Francisco or Marin with balconies, decks, or walkways, two California laws—SB 721 and SB 326—may directly impact you.

Originally passed to prevent structural failures in multi-family buildings, these laws now impose mandatory inspection requirements for certain exterior elevated elements. Whether you’re a landlord, HOA board member, or homeowner preparing to sell, failing to comply could delay your transaction or create liability issues.

In this article, we’ll break down what these laws mean, who they apply to, key deadlines, and how to avoid costly surprises—especially if you plan to list your property.

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

📍 Does This Apply to My Property?

In San Francisco and Marin, most older multi-unit buildings have some type of wood-framed exterior element, think:

• Rear fire escapes

• Wooden walkways

• Cantilevered balconies

If you’re unsure whether your property qualifies, we can help clarify during a pre-sale consultation.

⏰ Inspection Deadlines & Penalties

Missing the deadline may result in:

• Fines

• Withheld permits

• Disclosures that scare off buyers or delay close of escrow

🏡 How This Affects Sellers

If you plan to sell your property in the next 12–24 months, buyers and agents will ask:

“Has the SB 721 or SB 326 inspection been done?”

💡 Pro Tip: Address it before you list. It builds buyer trust and prevents last-minute negotiations or delays.

🧰 Free Resources & Support

📄 California Legislative Info – Full Text of SB 721

📄 California Legislative Info – Full Text of SB 326

🛠️ Get a Free Pre-Sale Property Readiness Checklist

Thinking of selling your SF or Marin property? I’ll walk you through what you need to know—including whether you should get an inspection done before listing.

👉 Request the checklist here

Or just email me at [email protected]

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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❓ FAQ SB 721 and SF 326

Q: What’s the difference between SB 721 and SB 326?

SB 721 applies to rental properties; SB 326 applies to HOAs. Both require balcony/deck inspections.

Q: Does this apply to single-family homes?

No, neither law applies to single-family residences unless they are part of a duplex or HOA.

Q: What if my building was just remodeled?

If your exterior elements were constructed within the last 15 years, you may be exempt, but you’ll need documentation.

Q: Who can perform the inspection?

Licensed architects, engineers, or qualified building inspectors. Always check that they meet the legal definition under the law.