Using drones for professional filming and photography can be a great way to capture unique angles and perspectives. However, there are certain restrictions that must be followed in order to ensure the safety of those involved. If you are using a drone for commercial purposes, such as real estate photography, you may need an additional filming permit. For personal use, no additional permission is required.
The Federal Aviation Administration (FAA) has stated that the Unmanned Aircraft System (UAS) is subject to federal law. The UAS can fly almost everywhere except for the prohibited areas. The airspace that the drone can use includes all airspace, except the interior. Therefore, the drone that flies over your patio or private space can do so, since it is navigable airspace.
Private property owners cannot interfere with a drone flying over their private property, unless it is flying at low altitudes, is a nuisance, or is unwise. When using drones for real estate marketing, you can show the property from many unique angles and highlight important features of the property. Take advantage of the flexibility of drone photography instead of static photography. However, it is important to be aware of the rules and regulations set by the FAA regarding pilot certificates, prohibited use of airspace, nighttime drone operations, and more.
The Remote Identification Rule and the Rule for Operations with People and at Night each modify the SUA Rule to more fully incorporate drones into the National Airspace System. This includes requiring a drone to transmit identification information during the flight and allowing drone operations at night and on people under certain circumstances. In general, a drone cannot fly more than 400 feet above ground level or, if it flies over a structure, no more than 400 feet above the upper limit of the structure. The maximum speed at which a drone can fly is 100 miles per hour.
The FAA does not require a certified remote pilot to have insurance to operate a drone but it is recommended to purchase liability insurance to protect against potential accidents and liabilities. To operate a drone at night, you must complete the updated initial test or the updated recurring online training. It is also important to be aware of state and local laws regarding privacy laws related to drone operations. The National Telecommunications and Information Administration (NTIA) has published a set of voluntary best practices for UAS privacy, transparency, and accountability which are not legal requirements or regulations but are optional supplements to the law.
