New Jersey Structural Integrity Law (52:27D-132.4): Condo Building Inspections

Quick Answer

New Jersey's structural integrity law, P.L.2023, c.214 (approved January 8, 2024, effective immediately), requires periodic structural inspections of "covered buildings," which are condominium or cooperative buildings with a concrete, masonry, steel or hybrid primary load bearing system. The first inspection is due by the earlier of 15 years after the certificate of occupancy or 60 days after observable damage, with transition deadlines for older buildings. The same law lets an association board adopt an assessment or take a loan for corrective maintenance without an owner vote, after a written engineer or architect report.

At a Glance

What the Law Says

Which buildings are covered

"Covered building" means "a residential condominium or cooperative building that has a primary load bearing system that is comprised of a concrete, masonry, steel, or hybrid structure including, without limitation, heavy timber and a building with podium decks," not including an "excluded structure." Excluded structures are:

• ISO Type 1 construction or frame-built construction with combustible walls or roofs (but not a podium deck on which frame construction sits);
• a building whose only concrete, masonry, steel or heavy timber elements are ancillary, such as elevator shafts, that do not carry the building's load to the foundation;
• a building that is not a condominium or cooperative and consists primarily of rental dwellings; and
• a single-family dwelling.

The "primary load bearing system" is the assemblage of columns, beams or bracing forming a path by which forces reach the foundation, and "the foundation as well as any connected or attached balconies shall be included." The "covered building owner" is the owner of record "or the association of a common interest community."

Inspection schedule (52:27D-132.4)

After a certificate of occupancy, an initial inspection of the primary load bearing system must be done by a post-occupancy structural inspector retained by the covered building owner within the earlier of:

• 15 years after the certificate of occupancy; or
• 60 days after observable damage to the primary load bearing system.

For buildings that already had a certificate of occupancy on the effective date:

• certificate issued one day to 14 years and 364 days before the effective date: inspection "within one year of the date 15 years following" the certificate; and
• certificate issued 15 or more years before the effective date: inspection within two years following the effective date.

Our computation from the January 8, 2024 effective date: the second group's deadline was January 8, 2026. A building converted to a condominium or cooperative after the effective date follows the same schedule as part of registration under the Planned Real Estate Development Full Disclosure Act.

Reports

The inspector issues a written report that must:

• set out "with specificity" any required maintenance or repairs;
• determine when the next inspection will happen;
• be provided to the municipal appointing authority, the construction official and the enforcing agency;
• follow the American Society of Civil Engineers protocol for structural condition assessment of a covered building, or a similar protocol by another nationally recognized structural engineering organization; and
• give any other information needed to maintain structural integrity.

If corrective maintenance is required, the report must specify it "with reasonable detail." For subsequent inspections, the owner must undertake measures to carry out the corrective maintenance, including engaging a licensed architect or engineer to create plans or specifications, which must be filed with the municipal appointing authority or enforcing agency. If no corrective maintenance is needed, the report is filed with the enforcing agency or municipal appointing authority. Reports "shall be made available to any resident of a covered building upon request." Inspections may be combined with other required inspections, such as those under the Hotel and Multiple Dwelling Law.

Inspector liability (52:27D-132.5)

A post-occupancy structural inspector who acts in good faith and under the ASCE or similar protocol "shall not incur any civil liability for injury associated with any inspection."

Corrective maintenance assessment or loan (45:22A-45a)

"Notwithstanding the terms of a declaration, master deed, bylaws, or other governing document," the executive board "may, without the consent of the owners or approval of a developer," adopt an assessment payable over one or more fiscal years or obtain a loan on terms it determines are reasonable, whenever necessary to fund corrective maintenance of the primary load bearing system. Before doing so, the board must:

• determine the assessment or loan is necessary to maintain structural integrity; and
• obtain a written report from a State-licensed engineer or architect stating that failure to undertake the corrective maintenance will (1) constitute an imminent or reasonably foreseeable hazard to health or safety, (2) violate the inspection section, or (3) result in a material increase in the cost of the corrective maintenance if delayed.

The section does not prevent or interfere with an association's right to sue over construction defects in any common element.

What This Means in Practice

For boards

The first practical question is whether your building is a "covered building." Our reading: frame-built construction with combustible walls or roofs is excluded, but a podium deck under frame construction is not excluded, so mixed buildings need an engineer's read. Next, find the certificate of occupancy date and place the building in the schedule above.

Because the association can be the "covered building owner," the duty to retain the inspector and file plans for corrective maintenance may fall on the association. Our reading: owners should not assume the developer or a municipality arranges this.

The board assessment power is unusually broad: it applies regardless of governing document limits and does not need an owner vote. The statute's protection is the required board determination and the engineer or architect report. Keep both in the minutes and the file.

For owners

Residents can request the written inspection reports. Owners may see an assessment that the board adopted without an owner vote, supported by the engineer or architect report.

Open questions

The statute contains two different limits on follow-up inspections. Section 3(d)(2) says the report must determine the next inspection date but "in no event" more than the earlier of 10 years after the initial inspection or 60 days after observable damage. Section 3(f)(1) says a subsequent inspection shall not take place "more than five years after a preceding inspection." The two limits do not read together cleanly, and we did not find guidance resolving it. Our reading is that the more cautious five-year figure is the safer planning number, but ask counsel and the inspector before setting the schedule.

The statute states no penalty for missing an inspection deadline. It also does not say who pays for the inspection beyond making the covered building owner responsible for retaining the inspector. Reserve study cost estimates must include periodic structural inspections (see the reserve page linked below).

Timeline

Related New Jersey Law

• Capital reserve study and funding, which must estimate inspection and corrective maintenance costs
• PREDFDA overview
• P.L.2023, c.214 also requires developers to prepare a preventive maintenance document (section 9) and deliver defined records at turnover (section 10); not covered on this page
• New Jersey HOA laws and regulations overview

Board Checklist

• Decide with an engineer whether each building is a covered building or an excluded structure.
• Find each building's certificate of occupancy date and place it in the inspection schedule.
• Retain a qualified post-occupancy structural inspector and confirm the ASCE or similar protocol will be used.
• Calendar the follow-up inspection date set by the report, and discuss the 10-year versus five-year wording with counsel.
• File the report with the municipal appointing authority, construction official and enforcing agency as required.
• If corrective maintenance is required, engage a licensed architect or engineer for plans and file them.
• Before any board-adopted assessment or loan, record the board determination and obtain the written engineer or architect report.
• Make inspection reports available to residents on request.

Frequently Asked Questions

Which New Jersey buildings need structural inspections?

Residential condominium and cooperative buildings with a concrete, masonry, steel or hybrid primary load bearing system, including heavy timber and podium decks, unless the building is an excluded structure.

When is the first inspection due?

The earlier of 15 years after the certificate of occupancy or 60 days after observable damage, with transition deadlines for buildings that already had a certificate when the law took effect on January 8, 2024.

Who pays for the inspection?

The statute makes the covered building owner, which can be the association, responsible for retaining the inspector. It does not discuss allocation among owners beyond that.

Can the board assess owners for repairs without a vote?

For corrective maintenance of the primary load bearing system, yes under 45:22A-45a, after a board determination and a written report from a licensed engineer or architect that meets one of the three listed conditions.

Can residents see the inspection report?

Yes. The report "shall be made available to any resident of a covered building upon request."

Is the inspector liable for the results?

A good-faith inspector following the ASCE or similar protocol has no civil liability for injury associated with the inspection under 52:27D-132.5.

Does the assessment power block a construction defect lawsuit?

No. The section says nothing in it prevents or interferes with an association's right to pursue construction defect claims.

How often are follow-up inspections required?

The statute gives two limits, 10 years in one paragraph and five years in another. This is an unresolved point to confirm with counsel and the inspector.

Where This Comes From

We read the chaptered text of P.L.2023, c.214 (Senate No. 2760, Fourth Reprint, corrected copy), at pub.njleg.gov, and the chaptered text of P.L.2025, c.132 for the amended definitions. The codified number 45:22A-45a is as printed in the session law header and matches the section order on the Revised Statutes mirror. We did not review the Department of Community Affairs guidance.

How APM Helps

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed New Jersey attorney before acting.