As drone technology becomes increasingly accessible and popular, particularly for aerial photography in real estate, so too do questions about privacy, safety, and legal concerns arise. Buyers and sellers alike may ask: Can someone fly a drone over my home without permission? 

For real estate professionals, understanding the legal landscape around drones is essential, not only for staying compliant in your marketing efforts but also for advising clients who are concerned about drone activity near their properties.

Yes, It’s Legal—With Important Limitations

The short answer is: yes, someone can legally fly a drone over private property. However, this right is subject to several layers of federal, state, and local regulation that depend primarily on the drone’s purpose, weight, and usage.

The Federal Aviation Administration (FAA) classifies drones primarily by their weight and how they are used:

• Drones weighing more than 55 pounds must be registered with the FAA and follow stricter guidelines.
  
• Drones weighing less than 55 pounds, which include most consumer and real estate drones, face fewer regulations but still fall under FAA oversight.
  

The FAA also distinguishes between recreational and commercial drone use. 

Recreational flyers, often hobbyists, must keep drones within visual line of sight, fly at an altitude of under 400 feet in uncontrolled airspace, and avoid restricted areas such as stadiums, emergency scenes, and critical infrastructure.

Commercial drone operators, such as those using drones for real estate photography, are required to be FAA-certified. They are subject to additional restrictions regarding flights over people and vehicles, nighttime operations, and other factors. Even if drone footage is being donated to a nonprofit or community event, if it’s part of a business, it is still considered commercial use.

State and Local Laws May Add More Restrictions

In addition to FAA rules, state and local governments can enforce their regulations. These may mirror federal laws or provide additional protections based on concerns regarding privacy, safety, and public nuisance.

In most areas, flying a drone over private property is legal unless:

• The drone operator has been explicitly told not to fly over the property and continues to do so.
  
• The flight is intended to harass, stalk, intimidate, or violate privacy.
  
• The drone causes damage to property or injury to a person.
  
• The drone uses a camera to capture images in places where someone has a reasonable expectation of privacy, such as through a home window or over a fenced backyard.
  

Such behavior may fall under broader legal categories, such as criminal trespass, invasion of privacy, or reckless endangerment, and can result in civil or criminal charges, depending on the jurisdiction.

Advising Your Clients: What They Can—and Can’t—Do

If a client expresses concern about drones flying near or over their home, agents should provide them with accurate and lawful advice.

• Do not encourage confrontation or self-help measures, such as attempting to disable a drone. This can lead to criminal or civil liability.
  
• If the homeowner notifies the drone operator to stop, and the drone continues flying overhead, it may be grounds to report the incident as a trespassing or harassment complaint to local law enforcement.
  
• If the drone poses a safety risk or appears to be involved in suspicious activity, advise the client to call the police.
  
• If the drone is violating FAA regulations (for instance, flying at night or over people), the incident can be reported to the FAA’s Flight Standards District Office (FSDO).
  

As an agent, if you or your photographer use drones in your marketing, be sure to partner with FAA-certified pilots, stay compliant with all local rules, and disclose your intent when photographing properties, especially in dense residential neighborhoods.

Drones can be a powerful tool for marketing homes, inspecting roofs, and enhancing listings. But with that power comes the need for responsibility and awareness. By staying informed about drone laws and advising clients accordingly, real estate agents can protect their business and build trust with buyers and sellers navigating a modern real estate landscape.

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