Inspections of Balconies, Decks, and other Exterior Elements

Exterior elevated elements (EEE) and their associated waterproofing at any residential building with 3 or more units must be inspected by a qualified inspector to verify that they are in good working condition, free of decay and other hazards, and safe for residents, visitors and emergency responders.
EEE inspections, as well as any required maintenance or repair identified after inspection, are the responsibility of the building owner or homeowners’ association (HOA).
Mandatory Inspections Timeline:
- Apartments/Multi-Family Buildings Deadline Extended: Assembly Bill 2579 extended the inspection deadline for EEE originally set by Senate Bill 721 (Apartments/Multi-Family Buildings) to January 1, 2026.
- Condo/Common Interest Developments: Per Senate Bill 326 (Condos/Common Interest Developments*), inspections of Exterior Elevated Elements (EEE) at Condominiums and other common interest developments were required to be completed by January 1, 2025.
* NOTE: A common interest development (CID) is a type of real estate development where property owners share common areas and financial obligations. This includes various forms of housing such as condominiums, community apartments, and planned developments.
To avoid a Notice of Violation and fee charges, evaluate your property for requirements as outlined in SB 326 (Condos/CID) or SB 721 (Apartments/Multi-Family Buildings) and submit your EEE Inspection Form or Exemption Declaration Form (see below).
Step 1: Review Requirements & FAQs
When Are Inspections Required?
Buildings Subject to SB 326 (Condos/CID) or SB 721 (Apartments/Multi-Family Buildings)
If your property is subject to SB 326 (Condos/CID) or SB 721 (Apartments/Multi-Family Buildings), an Inspection Form is required to be submitted by Building owner, property manager or HOA, along with an inspection report. Inspection Form and report must be completed by a qualified inspector. Download the fillable Exterior Elevated Elements(EEE) Inspection Form and submit the completed form along with the inspection report using City of Oakland’s Online Permit Center.
Building Exempt from SB 326 (Condos/CID) or SB 721 (Apartments/Multi-Family Buildings)
If your property is exempt as per requirements of SB 326 (Condos/CID) or SB 721 (Apartments/Multi-Family Buildings), then building owners and HOAs must complete the Exemption Declaration Form . You will receive email confirmation with a copy of the completed form attached. Download the completed Exemption Declaration Form to your device and submit the form using City of Oakland’s Online Permit Center.
Reasons for exemption:
- There are NO exterior balconies, decks, stairways, walkways, railings, and entry structures that have a walking surface more than six (6) feet above ground level that rely on wood or wood-based products for structural support or stability.
- There are more than two units on the lot but no more than two units in any building.
- The buildings on the lot are a single-family dwelling or duplex.
Please note that all Exemption Declaration Forms are subject to review. Once your form is submitted, it will be placed in a queue for evaluation. Following review, an email will be sent to the email address provided at submission to confirm exemption or advise if inspection is required.
Note that a Notice of Violation and fees will apply if your property is found non-compliant.
Frequently Asked Questions (FAQs)
Building owners, HOAs, and inspectors are advised to read all FAQs
Who May Perform an Inspection?
The building owner must hire a qualified inspector as per SB 326 (Condos/CID) or SB 721 (Apartments/Multi-Family Buildings).
SB 326 (Condos/CID) mandates the inspection shall be performed by a:
- Licensed structural engineer
- Licensed architect
SB 721 (Apartments/Multi-Family Buildings) mandates the inspection shall be performed by a:
- Licensed architect
- Licensed civil or structural engineer
- Building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors’ State License Board with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings, or
- An individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction
The following is a list of qualified inspector types along with the licensing agency’s websites to confirm the inspector’s license is valid and number of years licensed:
SPECIAL NOTE: The inspector cannot be a current employee of the City of Oakland.
What Are the Inspection & Reporting Requirements?
Inspection and Reporting Requirements:
The inspection will determine whether EEE and associated waterproofing are in good working condition, free of decay and other hazards, and safe for residents and visitors. Inspections are required every 9 years for SB 326 (Condos/CID) and every 6 years for SB 721 (Apartments/Multi-Family Buildings).
A written report of the inspection results must be presented to the building owner or designated agent within 45 days of completing the inspection.
If the inspection reveals conditions that pose an immediate threat to safety, the report must be delivered to the owner of the building and the City of Oakland Code Enforcement Services within 15 days. Preventative measures and/or emergency repairs must be undertaken immediately.
All EEE shall be inspected through the least intrusive method necessary, such as visually, or other comparable means to evaluate condition and performance.
If during visual inspection, conditions are observed that indicate damage or potential damage to load bearing-components, an inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.
Copies of the reports are required to be maintained in the building owner’s records for 2 inspection cycles.
The report must include the following:
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SB 326 (Condos/CID): A sufficient number of EEE must be inspected to provide 95 percent confidence that the results are representative of the whole
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SB 721 (Apartments/Multi-Family Buildings): At least 15 percent of each type of Exterior Elevated Element (EEE) must be inspected
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List of the locations of each Exterior Elevated Element (EEE)
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Photographs of each Exterior Elevated Element inspected
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Current condition of each Exterior Elevated Element inspected
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Expectations of future performance and projected service life
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Recommendation if further inspection is needed
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Test results
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Identify any exterior elevated elements that pose an immediate threat to safety
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Advice if preventing occupant access or conducting emergency repairs, including shoring, is necessary
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Identify conditions found that do not pose an immediate threat to safety
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Recommended corrective repair/replacement
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Narrative sufficient to establish a baseline of the condition that can be compared to the results of subsequent inspections
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Report must be stamped or signed by the inspector
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Subsequent inspection reports shall incorporate copies of prior inspection reports, including the locations of the exterior elevated elements inspected.
Who May Perform Repairs? Are Permits Required?
Upon receiving the report, any EEE identified by the inspector as requiring repair or replacement shall be the responsibility of the Property Owner or HOA to maintain. The Property Owner or HOA shall take preventive measures immediately, including preventing occupant access to the EEE until repairs have been inspected and approved by the City. Repairs shall be performed by a qualified and licensed contractor not serving as the EEE inspector.
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Immediate Threat: An EEE that the inspector identifies as an immediate threat to the safety, and/or finds preventing access or emergency repairs are necessary, including shoring, shall be considered an emergency condition and the building owner shall perform required preventive measures immediately.
If an immediate threat is identified, the inspector must provide a copy of the inspection report to the Property Owner or HOA within 15 days of inspection and submit a copy to City of Oakland Code Enforcement Services.
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No Immediate Threat: If an inspector identifies an EEE that requires repair, but does not pose an immediate threat to safety, the building owner or HOA shall apply for a permit within 120 days of receipt of the inspection report to perform corrective repairs. Once the permit is approved, the building owner shall have 120 days to make repairs unless an extension of time is granted by City of Oakland Code Enforcement Services.
If the building owner does not comply with the repair requirements within 180 days, the inspector shall notify City of Oakland Code Enforcement Services and the building owner. If within 30 days of the date of the notice the repairs are not completed, the building owner shall be assessed a civil penalty based on a fee of not less than $100 but not more than $500 per day until repairs are completed, unless an extension of time is granted by City of Oakland Code Enforcement Services.
Code enforcement proceedings under the Oakland Municipal Code will be initiated against a building owner or HOA that do not complete corrective work or if work is not completed on time. If a civil penalty is assessed, a building safety lien may be recorded against the property.
Step 2: Complete Exemption Declaration (As Applicable)
If your building is exempt, building owners and HOAs MUST complete and submit an Exemption Declaration Form to avoid a Notice of Violation and fee charges.
Reasons for exemption:
- There are NO exterior balconies, decks, stairways, walkways, railings, and entry structures that have a walking surface more than six (6) feet above ground level that rely on wood or wood-based products for structural support or stability.
- There are more than two units on the lot but no more than two units in any building.
- The buildings on the lot are a single-family dwelling or duplex.
Step 3: Complete Inspection Form (As Applicable)
If an inspection is required, then please download and complete the fillable Exterior Elevated Elements (EEE) Inspection Form(PDF, 274KB)*. (Please also read above Frequently Asked Questions.)
* NOTE: All provisions of California Building Code apply, regardless of third-party inspector's report.
Step 4: Submit Inspection or Exemption
Submit Inspection Form & Report or Exemption Declaration
For submission instructions, refer to our User Guide for Elevated Exterior Elements Monitoring Online Submission(PDF, 942KB).
Additional References