Mandatory Earthquake Retrofits in Berkeley: What Rental Housing Providers Need to Know

The City of Berkeley requires seismic retrofits for certain buildings that are especially vulnerable during an earthquake. If you own a rental property that falls into one of the categories below, you may be subject to mandatory retrofit requirements.

The City of Berkeley requires seismic retrofits for certain buildings that are especially vulnerable during an earthquake. If you own a rental property that falls into one of the categories below, you may be subject to mandatory retrofit requirements.

Unreinforced Masonry Buildings (URMs)

Unreinforced masonry buildings are typically older brick structures built before 1956 that lack internal steel reinforcement. During earthquakes, these structures are prone to wall failure and collapse, posing significant safety risks.

What the law requires:

• Owners of affected properties must comply with Berkeley Municipal Code Chapter 19.38.

• The mandate applies primarily to commercial, mixed-use, and multifamily buildings with five or more residential units.

• Buildings are periodically added to the City’s URM inventory if flagged during permitting, tenant complaints, or City review.

To comply, owners must:

• Hire a qualified design professional to prepare retrofit plans,

• Obtain necessary permits,

• Complete the retrofit, and

• Pass a final City inspection.

Soft, Weak, or Open Front (SWOF) Buildings (Formerly "Soft Story")

These are multi-story wood-frame buildings permitted for construction prior to 1978 that have large openings or weak walls on the ground floor. Common features include tuck-under parking or storefronts, which reduce lateral stability.

What the law requires:

• Owners of buildings with five or more units that meet the SWOF criteria must comply with Berkeley Municipal Code Chapter 19.39.

• Owners must notify prospective tenants that the building is on the City’s SWOF inventory.

• A licensed design professional must evaluate the building and submit retrofit plans for approval.

• Owners must obtain permits, complete the retrofit, and pass a final inspection.

The City adds new buildings to the inventory periodically based on permit applications, tenant reports, or internal review.

Funding Assistance

Berkeley property owners may be eligible for:

• Low-interest loans for seismic safety work,

• Grant programs for certain owner-occupied properties with soft-story vulnerabilities, and

• Tax incentives or deferred payment options in some cases.

Practical Tips for Housing Providers

• The City does not recommend individual contractors or engineers, but property owners can consult regional professional associations for referral lists.

• Design professionals must follow specific framework guidelines when preparing retrofit plans.

• If your building is not yet on the City’s inventory but meets the criteria, it may still be added in the future—stay proactive in evaluating seismic risks.

Quick Reference: Do Berkeley's Seismic Retrofit Rules Apply to Your Building?

BPOA Support

BPOA members can reach out for guidance on navigating tenant notices and understanding how retrofit requirements may affect rental operations. We're here to help ensure your property is both compliant and safe.