Are you ready for the new Balcony Inspection Law? Do not be a laggard and procrastinate.

January 1, 2025, seems far-flung in the future but now is the time to act. Multifamily property owners must inspect the decks, balconies, stairs, and other load-bearing structures by this date and our strong advice is to not wait till the last minute.

We bring this up now because owners and property managers may find this a complex endeavor. Two, licensed contractors will be overwhelmed with work once the deadline approaches. There simply won’t be enough manpower available to accommodate the need. It’s analogous to long delays when roofing contractors were inundated with jobs after the Bay Area got drenched with rain.

This new law, namely Senate Bill No. 721, was spawned after six Berkeley students plunged to their deaths and seven others were injured after a balcony collapsed.

Let’s review some commonly asked questions.

 

Who is subject to the Balcony Inspection Law?
Multifamily residential buildings that contain three or more dwelling units.

When are safety inspections mandated?
By January 1, 2025, and thereafter, every six years.

Who can perform the inspection?
Now is not the time to hire a handyman; they must have credentials. The safety inspection must be done by a licensed architect, civil or structural engineer, or a building contractor with a special license.

What, exactly, will be inspected?
All “exterior elevated elements” within the building. Think decks, stairways, walkways including supports, and waterproofing elements that either rely on wood structural supports and are elevated more than six feet above ground level.

What are the consequences of non-compliance?
Recalcitrant owners can be fined $100-$500 per day and local jurisdictions have the fangs to enforce a safety lien against the building, so let’s be compliant. As a last resort, local jurisdictions can bring owners to the brink of foreclosure.

There will be a host of procedural requirements and additional obligations if the inspector identifies damage, but we won’t get lost in the weeds in this venue. We simply want you to be aware of the law and get into the mindset of preparing for this eventuality.