Last Updated on June 27, 2024 by Jose Barrios
As a real estate photographer or videographer, you’re likely aware of the benefits of using drones to capture stunning aerial footage and photos. However, before taking to the skies, it’s essential to understand the legal requirements and regulations surrounding drone use in the United States.
Understanding FAA Regulations
The Federal Aviation Administration (FAA) regulates drone use in the United States through its Part 107 rules (https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_107-2.pdf). To operate a drone for commercial purposes, you must:
- Be at least 16 years old (https://www.faa.gov/uas/how_to_get_started/pilot_certification/)
- Pass an aeronautical knowledge test
- Obtain a remote pilot certificate (https://www.faa.gov/uas/how_to_get_started/pilot_certification/)
Drone Operating Restrictions
When flying your drone for real estate photography and video, keep the following restrictions in mind:
- Stay below 400 feet: Drones must be operated below an altitude of 400 feet above ground level (https://www.faa.gov/uas/faqs/).
- Maintain line of sight: You must maintain visual contact with your drone at all times (https://www.faa.gov/uas/faqs/).
- Fly during daylight hours: Drones can only be operated between sunrise and sunset, unless you have a waiver from the FAA (https://www.faa.gov/uas/how_to_get_started/waivers/).
- Avoid populated areas: Drones should not be flown over people or in crowded areas, unless you have permission and take necessary safety precautions (https://www.faa.gov/uas/faqs/).
Additional Tips for Real Estate Drone Operators
- Register your drone: Register your drone with the FAA using their online system (https://registermyuas.faa.gov/).
- Carry proof of registration: Always carry proof of registration and your remote pilot certificate when flying your drone.
- Respect no-fly zones: Avoid flying over sensitive areas such as airports, military bases, and national parks (https://www.faa.gov/uas/no-fly-zones/).
Drone Preflight Checklist
- Drone identifying info: If you own several drones, you need to differentiate one from another, the checklist needs to be relatable to a particular drone.
- Date/Time/Location of flight: Just like the line says, you need to record where and when the flight will take place.
- Check the weather: I don’t mean to write down the weather conditions, but you must state that you checked them before flying.
- Flight purpose: State why are flying that day
- Check air space and get authorization: Make sure to get approval for your flight before you take off if authorization is required.
- Check software firmware: Most drones will let you know if the software and firmware is up to date, check it before each flight, and take note.
- Calibrate drone if required: Some drones will require calibration before takeoff, if yours does, check it here.
- Survey the area you will be flying in: Inspect and take note of your surroundings, take note that you did this.
- Set RTH (return to home) altitude: Some drones let you establish a safe return home altitude. This is crucial in case of a lost connection link. It will allow your drone to return at a safe altitude without hitting anything along the way.
- Inspect drone before takeoff: Last but least, one last check-up that everything is where it is supposed to be and that nothing is loose before takeoff.
Keep a maintenance log
Just like on an actual aircraft, the FAA wants you to keep a log showing that you did maintenance on your drone at a specified interval.
Unfortunately for us drone pilots, no such maintenance schedules exist from the drone manufacturers that I know of, maybe I’m wrong, but I have never seen one.
You need to create and keep a log. It can be as simple as a notebook where you write down every 3 months any maintenance you have done to your drones, such as replacing batteries or propellers.
Get LAANC Approval
Before each flight, you need to check and get flight approval, if needed, in the area you intend to fly your drone.
This approval in most major metropolitan areas can be obtained through the “Low Altitude Authorization and Notification Capability” system, LAANC for short.
If you are denied LAANC authorization
Pro tip: if you are denied LAANC authorization, it is usually because of emergency responders in the area. This can be anything, from the police to firemen.
The easy way around is to reduce your flight radius. By default, automated flight apps like Airmap assume a large area of operation, in reality, you will never be more than a couple of hundred feet from the house you are photographing.
Just reduce your operating radius and you should obtain flight approval.
Do keep in mind that many airports, especially smaller ones, are not part of the LAANC system.
To get around this problem there are times where the only way to get approval is by contacting ATC (the airport control tower), but before you start calling them (we are prohibited from using radio as a normal aircraft does), check out their website. Many will have instructions on how to contact them and obtain flight approval.
If ATC approval is not obtainable and you are in a controlled air space, do yourself a favor and just don’t fly there.
You are not just risking getting a fine from the FAA (you knew beforehand you could not fly there, it’s in your checklist!), you are actually putting people and aircraft in danger because other aircraft are not aware that you are operating in that airspace.
Dealing with Geo-Fencing
When operating your drone you will come across some areas that are locked, your drone will just refuse to take off and fly, and no automated unlocking system is in place.
For these restricted areas you need to use a Scheduled Self-Unlocking. You must have prior authorization from the authority that controls the restricted airspace. Once you have this, you need to do a manual unlock by following the procedure defined by the drone manufacturer.
DJI has a procedure for doing this and you can access it here: https://www.dji.com/flysafe/self-unlock
If you are not able to secure the permit or the unlock, do yourself a favor and do not fly your drone in that area, the money is not worth it.
Keep your drone within line of sight
This is simple, and it is part of the part 107 test: if can’t see your drone, you can’t fly it there.
Most drones can fly very far from where you are standing, some models can even go out several miles/kilometers from the operator.
The FAA is very clear on this; you must always be able to see your drone without the aid of things like binoculars. If the drone will fly further than what you are able to see, you need one or more visual observers to help keep track of the drone while in flight.
Fortunately, in real estate photography, such extreme flying distances are not common. I have only confronted this problem when doing very large terrains, such as a farm, and have solved it by just walking or driving to other areas of the lot and flying from where I can keep the drone in my line of sight.
Never fly over 400 ft AGL
I don’t know about your drone, but mine will not fly over 400 ft even if I tried. I must go out of my way to unlock that feature.
There are situations where you are legally allowed to fly higher, the regulation says you can fly up to 400 feet AGL above the obstacle. In my experience, I have yet to find the need to go over the 400 ft limit when photographing houses.
Never fly over traffic or people
This is another no-brainer, do not fly over people or traffic. The FAA doesn’t want you to do this, and in many municipalities, the city does not want you to do this either.
Up until the FAA changes this rule, don’t do it. FAA fines are not cheap.
Take off and land from public access property
Just like a regular aircraft, you are legally allowed to fly over private property, regardless of what the property owner thinks his rights are.
If someone questions you, you can just show them your pilots license and point out aircraft in the sky, they can’t stop those either.
The FAA is the only governing authority when it comes to airspace, and only they can make the rules.
The one thing you cannot do is take off and land on private property without prior authorization from the owners, just like a helicopter cannot land in your yard, your drone cannot land in someone’s private property.
So, when photographing homes with your drone, try to take off from the property you are photographing or from a publicly accessible area such as a sidewalk. Never use other people’s driveways or yards.
Conclusion
To operate your drone when doing aerial photography for real estate or other commercial venues you need to have a UAS Part 107 license and common sense.
Always think about what would happen if your drone were to hit something in the sky or on the ground. Your whole business could come to a screeching halt because of a bad decision made in haste for a few dollars extra.
The FAA did come up with these rules to impede your ability to work, it made them too protect others from reckless behavior.
As always, I hope this helps you become a better real estate photographer.
Jose Barrios
Photographer
“What can I say? I love taking photos of houses.”
Based in Orlando Florida, Jose is a real estate photographer specializing in vacation homes, working for realtors and property managers to make their properties look great. You can visit his site at JoseBarriosPhoto.com.
