Balcony and E3 Inspections: Compliance and Beyond

Formerly Known Senate Bill 721 Balcony and E3 Inspections Deadline: January 1, 2026

By Patryk Kozan, PE 

Owning a property comes with responsibilities that extend beyond meeting basic legal requirements. The E3 Inspection Law in California mandates minimum compliance for structural safety of E3s, such as balconies, walkways, and stairs, but forward-thinking property owners understand the value of going beyond the bare minimum to ensure their investments are safe, well-maintained, and resilient against future challenges.

Codified within The California Health and Safety Code – HSC, Article 2.2 [17973], and formerly known as Senate Bill 721 (SB 721), the Balcony and E3 Inspection Law mandates apartment owners with a compliance deadline of January 1, 2026. The purpose of the inspection is to determine that the E3 and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from critical hazardous conditions caused by fungus, deterioration, decay, or improper alterations. The cities of Berkeley and Los Angeles are some of the municipalities in California with established Balcony and E3 inspection compliance programs providing detailed instructions for local apartment building owners. 

An Exterior Elevated Element (“E3” or “EEE”) means the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond the exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.

If you have completed an earlier round of inspections prior to the Balcony and E3 Inspection Law being established (between January 1, 2016 and January 1, 2019), your building needs to be inspected again by January 1, 2026 (and then by every 6 years after that inspection report date). If you have already completed a Balcony and E3 Inspection Law-compliant inspection between January 1, 2019 and the present, you do not have to re-inspect for 6 years after the inspection report date. All subsequent inspections are to be completed at a 6-year interval. 

Once the inspection is complete, if the required corrective work does not pose an immediate threat to the safety of the occupants or if no repairs are required, the report must be issued to the owner of the property or their designated agent within 45 days of completion of the inspection. The owner then must have a permit applied for within 120 days of receipt of the inspection report, and once approved, must have the repairs completed within 120 days unless an extension of time is granted by the local enforcement agency. 

If emergency conditions are observed, the law requires immediate action to be taken and the report to be delivered to the local enforcement agency within 15 days of completion of the report. Repairs of emergency conditions shall be inspected by the inspector and reported to the local enforcement agency. If the owner of the building does not comply with repair requirements within 180 days (from the date of permit issuance), the inspector shall notify the local enforcement agency and the owner of the building.

Copies of all inspection reports shall be maintained in the building owner’s permanent records for not less than two inspection cycles.

Once the required balcony and E3 inspections, required repairs, and required notifications have been completed, no further action related to the Balcony and E3 Inspection Law is mandatory. However, developing a comprehensive maintenance program is highly recommended. 

This is particularly crucial for:

Older properties that may have aging structures vulnerable to degradation.

Properties with a history of poor maintenance, where unnoticed issues could compound over time.

Structures located in challenging environments, such as areas with extreme weather (heavy rain, snow, temperature fluctuations) or near beaches, which can cause erosion and salt damage. Similarly, humid or dry climates may attract pests like termites or exacerbate structural issues.

Regular maintenance helps identify potential risks before they become costly problems. If issues are discovered during this process, consulting a qualified professional for assessment is advisable. While not legally required by the E3 Inspection Law, maintaining a safe property remains the owner's responsibility.

Property owners may choose to go beyond the minimum inspection and invest in voluntary assessments of other E3 areas within their property. 

Here are some key benefits:

• Cost-Effective Maintenance Programs: Hiring a qualified inspector to assess additional E3 areas can help in developing a tailored maintenance or repair plan. This plan prioritizes urgent concerns while developing a schedule for other repairs that may have a longer time horizon, making it both budget-friendly and efficient.
• Identifying Hidden Issues: Proactive inspections can uncover hidden vulnerabilities that could otherwise lead to expensive repairs. Voluntary assessments allow professionals to evaluate balcony and other E3 areas not covered in the mandatory 15% inspection.

These assessments might focus on:

• Visible deficiencies, such as cracks, stains, or deteriorating or sagging structures.
• Tenant complaints, which may signal underlying issues.
• Localized problems, such as mold growth, water leakage, or pest infestations.
• Preserving Property Equity: Well-maintained properties tend to retain their value better over time. 

Sometimes, inspectors may recommend further corrective work across other E3 areas of the property, beyond the initial mandatory 15% sample, particularly if the inspection reveals significant and consistent structural concerns. In such cases, additional investigations should be performed and repairs must be made, even if they exceed the minimum requirement. Ignoring these recommendations can compromise the property's safety and lead to more severe issues down the line.

While meeting E3 Inspection Law requirements ensures compliance, taking proactive steps toward regular maintenance and voluntary inspections can save property owners from unexpected expenses and ensure a safe living environment for all. By prioritizing safety and care, you not only protect your investment but also contribute to the well-being of residents and the community.

Patryk Kozan, PE is a Senior Engineer at Partner Engineering and Science. He is a multifamily structure expert and the technical lead for California’s Balcony and E3 Inspection Law services. Mr. Kozan has conducted field inspections, prepared reports, and reviewed reports of thousands of multifamily units for portfolios and single sites throughout California. For all CA E3 Inspection Law services and inquiries, please contact Shari Fykes at Partner Engineering and Science: sfykes@partneresi.com or (310) 492-2654.