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Selling Strategy

What should you check before buying a soft-story building in Burbank?

Check Burbank's soft-story retrofit deadlines, exemptions, county records, tenant surcharges and incentives before buying or selling an apartment building.

If you’re buying a Burbank apartment building with tuck-under parking, ask for its retrofit paperwork before treating the work as a distant expense. The next deadline is January 11, 2027, when engineered plans are due. That’s less than three months away as of October 20, 2026.

The same deadline matters if you’re selling or holding the building. A missing compliance order doesn’t excuse compliance, and missed deadlines can lead to a certificate recorded in county records.

This is general information, not legal or tax advice.

Which buildings does Burbank’s rule cover?

Burbank’s mandatory ordinance covers wood-framed multi-story residential-use buildings designed under building codes in effect prior to January 1, 1978, that had soft, weak or open front walls at the ground floor on its effective date.

Garages or tuck-under parking are examples of the weak first floor described by the City of Burbank. Large storefront windows are another. For your purchase, the question is whether the building meets the ordinance’s scope and what its screening paperwork establishes.

The ordinance went into effect January 10, 2025. Its requirements appear in Burbank Municipal Code section 9-1-16-400. The city’s soft-story page provides the program materials. For broader background, see the guide to earthquake retrofits.

Which buildings can be exempt?

Qualifying Occupancy Group R-3 single-family and duplex residential structures are exempt, and certain previously retrofitted buildings also qualify for an exemption.

Buildings voluntarily retrofitted under Ordinance No. 3487 or 9-1-16-A400 before the effective date are exempt when permit documentation is submitted to supplement the screening report. An owner’s statement that work was done isn’t the documentation to ask for. Request the permits and the screening submission together.

An engineering exemption is another route. After the screening report, an owner may appeal. An engineering assessment by a California-licensed civil or structural engineer or architect, at the owner’s expense, must find no soft, weak or open-front wall line to support that request. The Building Official decides in writing.

If the seller says the building is exempt, ask which exemption applies and request the supporting documents, including any written decision.

What are the retrofit deadlines?

The timeline runs from the order date, January 10, 2025, with engineered plans next due January 11, 2027.

The full schedule is:

  • Submit the screening form by January 12, 2026.
  • Submit engineered plans by January 11, 2027.
  • Obtain plan approval by January 10, 2028.
  • Obtain the permit and begin construction by January 10, 2029.
  • Complete construction by January 10, 2030.

Plan submission and plan approval are separate milestones. When reviewing a building, ask which has happened and request the record supporting that status.

The order is sent by USPS certified mail to the owner shown on the last equalized assessment roll. Failure to receive it does not relieve the owner from compliance. If the seller has no copy, ask the city’s Building and Safety Division about the building’s status.

What does the entrance sign tell you?

The entrance sign tells you that the city has ordered the owner to bring the building into compliance with the earthquake safety provisions of section 9-1-16-400.

The ordinance requires posting within 1 year after service of the order. The city’s program page lists the Notice of Order sign as due with the screening form by January 12, 2026. It must be at least 8 1/2 by 11 inches, use at least 30-point bold type, and remain posted until the work is completed and approved.

Seeing that sign gives you a concrete document to follow up on. Ask for the order, screening report and current plan status.

After the permit issues, the owner must also post a construction notice stating the scope, expected duration, contractor contact and construction hours.

What happens if a deadline is missed?

Missing the time limits puts the building in violation and subject to penalties, including administrative citations, and can lead to a recorded certificate.

The Building Official may record a certificate with the Los Angeles County Recorder stating that the building falls within the ordinance and requires seismic retrofit. That certificate would appear in county records. After retrofit, the Building Official records a certificate stating that the building is no longer in violation.

The Building Official may also order the building vacated until it complies.

Extensions apply to construction time limits after screening and approved plans. An owner may request extensions of not more than 180 days each, supported by a good-faith showing and proposed schedule. Don’t treat that provision as an extension of the engineered-plan submission deadline.

Can retrofit costs be passed through to tenants?

Owners may collect a temporary tenant surcharge after the work is done and the permit finalized, subject to the ordinance’s limits.

The recoverable amount is up to half of total retrofit construction costs, divided equally among all rental units. The monthly surcharge cannot exceed $51 per unit and may run for a maximum of 120 months.

Before collection begins, owners must give tenants written notice of the total cost, surcharge amount and duration. Owners must keep records and disclose the surcharge as a separate line item on new leases.

For a purchase, request those notices and records if a surcharge is already in place. Read the lease line item alongside the stated collection period. The surcharge is temporary, so its duration matters when you’re reviewing the building’s income.

Which incentives are still relevant?

The half refund of the building permit fee remains relevant for owners who fully comply by January 10, 2028; the earlier full refund deadline has passed.

Full compliance by July 10, 2026 qualified for a full refund. These incentives are tied to full compliance, so submitting plans alone doesn’t meet that condition.

The advertised Earthquake Multi-Unit Retrofit Grant Program offered up to $49,600 per building for 5-10 unit apartment buildings subject to the ordinance. Registration ran from August 19 to September 30, 2026. That window has closed, funding was limited, and the city’s page does not say whether another round will open.

Ask for any grant paperwork associated with the building rather than assuming the advertised amount is available to your purchase.

The short version

Before buying, selling or continuing to hold a covered building, establish its documented compliance status against the January 11, 2027 engineered-plan deadline.

Ask for:

  • The compliance order and screening form.
  • Engineered-plan submittal status and supporting records.
  • Any exemption documentation or written decision.
  • Any recorded certificate concerning retrofit compliance.
  • Any tenant surcharge notices, records and lease line items.

For a sale, gather those documents so a buyer can review the same record with the city. The California seller disclosure guide offers related reading as you prepare the property’s paperwork.

For related reading on another city’s soft-story program, see the Pasadena soft-story retrofit ordinance guide.

A building’s tuck-under parking starts the inquiry. The screening, plans and city records establish where it stands.

For a starting point on your property’s value, use the home value tool.

Common questions

Which Burbank buildings fall under the soft-story ordinance?

It covers wood-framed multi-story residential-use buildings designed under building codes in effect prior to January 1, 1978, with soft, weak or open front walls at the ground floor on the ordinance's effective date. Qualifying Occupancy Group R-3 single-family and duplex structures are exempt.

When are engineered plans due?

Engineered plans are due January 11, 2027. The remaining deadlines are plan approval by January 10, 2028, a permit and construction start by January 10, 2029, and construction completion by January 10, 2030.

Does not receiving the compliance order excuse an owner?

No. Failure to receive the order does not relieve the owner from compliance.

Can owners pass retrofit costs through to tenants?

After the work is done and the permit finalized, owners may recover up to half of total retrofit construction costs through a temporary surcharge divided equally among all rental units, capped at $51 per unit monthly for a maximum of 120 months.

Is the advertised retrofit grant registration still open?

The advertised registration period ran from August 19 to September 30, 2026, and has closed. The program offered up to $49,600 per building for eligible 5-10 unit apartment buildings, with limited funding.

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