Drone Laws for Real Estate: What Agents Need to Know

Aerial photos and videos are no longer a luxury in real estate — they’re a marketing must-have. Whether it's showcasing a home's proximity to a golf course, highlighting land boundaries, or capturing that perfect bird’s-eye view, drone media helps listings stand out. But before you hire a drone pilot (or decide to fly one yourself), it’s essential to understand the rules.

⚖️ 1. You Must Use an FAA-Certified Drone Pilot for Commercial Work

This is non-negotiable: if you're using drone footage to market a property, it's considered commercial use — and the FAA (Federal Aviation Administration) requires the drone operator to have a Part 107 Remote Pilot Certificate.

Why it matters:
Hiring someone without this certification can not only lead to fines, but also open you and your seller up to liability if anything goes wrong during the flight.

📝 2. There Are Rules for When, Where, and How You Can Fly

Even certified drone pilots must follow strict FAA rules, including:

  • No flying over people not involved in the operation

  • No flying at night without special waivers

  • Stay under 400 feet altitude

  • Keep the drone within visual line-of-sight

  • Avoid restricted airspace, such as near airports or stadiums

Pro tip:
A knowledgeable drone media provider will check local airspace and file waivers if needed — especially in congested or restricted areas.

🏙️ 3. Local Laws and HOA Restrictions May Also Apply

Beyond federal regulations, many cities and counties have their own rules regarding drone use. Homeowners’ Associations (HOAs) and private communities may prohibit drones entirely or limit where they can be flown.

Recommendation:
Always get permission from the homeowner and verify any local drone restrictions before scheduling a shoot.

💥 4. You’re Responsible for the Vendor You Hire

Even if you’re not the one flying the drone, you could be held partially responsible if something goes wrong and proper procedures weren’t followed.

Ask your drone media provider:

Are you Part 107 certified?

Are you insured?

Do you pre-check airspace and apply for waivers if necessary?

Working with a professional who checks all these boxes keeps you — and your clients — protected.

🎯 5. Drone Media Is Worth It — When Done Right

Aerial footage helps listings:

  • Stand out online

  • Highlight features like pools, yards, acreage, or nearby landmarks

  • Attract serious buyers looking for more than ground-level shots

But cutting corners on legality or safety can do more harm than good. That’s why partnering with a legit, experienced drone operator is always the right move.

✅ Final Takeaway

Using drones in real estate is powerful — but it’s also regulated. Whether you're hiring someone or considering doing it yourself, make sure all FAA and local rules are being followed. It protects your brand, your seller, and your peace of mind.

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