If you hire someone to fly a drone for your listing, event or brand, the flight is a commercial operation under federal rules. In the U.S., that means the pilot needs an FAA Remote Pilot Certificate under Part 107, the drone must be registered, and the flight has to follow rules on altitude, airspace, people and weather. State laws, local rules and property owners add another layer.
This guide covers what clients should understand before booking aerial photos or video. It’s general information, not legal advice, and drone rules change, so confirm current requirements with the FAA before any flight.
Who can fly commercially: Part 107
Any drone flight made for business purposes, including real estate listings, weddings, events and marketing video, falls under the FAA’s Part 107 rules. The pilot must hold a Remote Pilot Certificate, which requires passing an aeronautical knowledge test, and must complete recurrent training every 24 calendar months to stay current. The test covers airspace, weather, regulations and operating procedures.
The recreational rules apply only to flights made purely for fun. If a flight supports a business or someone is paid for it, the pilot needs to operate under Part 107, no matter how small the job. That includes a friend with a drone who offers to “grab a few shots” of your property for your listing.
Registration and Remote ID
Drones flown under Part 107 must be registered with the FAA regardless of weight, and the registration number has to be marked on the outside of the aircraft. Registration is renewed every three years.
With limited exceptions, those drones must also broadcast Remote ID, which works like a digital license plate. During flight it shares the drone’s identification and location along with the location of the pilot or the takeoff point. Many current drones have Remote ID built in, and older ones can carry an add-on broadcast module. The requirement has applied since 2023.
Altitude, airspace and flight restrictions
The 400-foot limit
Under Part 107, drones generally must stay at or below 400 feet above ground level. There’s an exception near structures: within 400 feet of a building or tower, a drone may fly up to 400 feet above its highest point. The pilot or a visual observer must also keep the drone in sight, and night flights require anti-collision lighting and additional pilot training. For most property and event work, the useful heights are far lower anyway.
Controlled airspace and LAANC
Airspace around many airports is controlled, and flying there requires FAA authorization before takeoff. At many airports, pilots can request it through LAANC (Low Altitude Authorization and Notification Capability), which often returns an approval in near real time for flights up to preset altitudes on the FAA’s facility maps. Where LAANC isn’t available, or a flight needs to go higher, the pilot applies through the FAA’s DroneZone, which can take much longer. For clients, the point is simple: a property a mile or two from an airport may still be flyable, but perhaps at a lower height, with advance paperwork, or not at all.
Temporary flight restrictions
The FAA also issues temporary flight restrictions, or TFRs, that can close airspace, sometimes on short notice. Common ones include:
- Stadiums. Drones are generally prohibited within 3 nautical miles of large stadiums during Major League Baseball, NFL and major college football games and major motor speedway events, from 1 hour before the event until 1 hour after it ends.
- VIP movement. Travel by the President and other officials brings restrictions that can cover wide areas.
- Emergencies. Wildfires, disasters and law enforcement activity often trigger restrictions. Flying near a wildfire can ground firefighting aircraft.
- Special events. Some large events, such as major sporting events, air shows and national celebrations, get their own restrictions.
Some places, including the Washington, D.C., area and many military sites, have permanent restrictions. A careful pilot checks for TFRs during planning and again right before flight.
Flying over people, vehicles and property
The FAA limits flights over people who aren’t directly participating in the operation, unless they’re under a covered structure or inside a stationary vehicle. Whether a drone can fly over people at all depends on its category under the FAA’s operations over people rule, which considers the aircraft’s weight, design and potential to cause injury. Sustained flight over crowds is tightly restricted, and many popular camera drones don’t qualify for routine flight over people. Flight over moving vehicles is limited in similar ways.
For weddings and events, that shapes the shot list. We plan aerials of the venue and its setting, and we film groups from the side rather than directly overhead.
State, local and property rules
The FAA regulates the airspace, but states, cities and landowners can control where a drone takes off and lands, and privacy and trespass laws still apply. In practice:
- Pilots need the property owner’s permission to launch and land on private property.
- Many city and county parks prohibit or restrict drone takeoffs, and beaches often have their own rules.
- Launching, landing or operating a drone on land or water managed by the National Park Service is generally prohibited unless the park superintendent approves it in writing. Many state parks and wildlife areas restrict drones too.
- Some states restrict flights over critical infrastructure such as power plants, refineries and prisons.
- Venues, including hotels, golf courses and wedding sites, may require advance notice, a certificate of insurance or both.
Weather, wind and insurance
Drones are sensitive to weather. Part 107 requires at least 3 statute miles of visibility and set distances from clouds, and every aircraft has wind limits from its manufacturer. Gusty wind is one of the most common reasons aerial shoots are rescheduled, because it affects both safety and footage: smooth video needs steadier air than still photos. Rain, snow and cold, which shortens battery life, matter too.
Federal rules don’t generally require liability insurance for commercial drone flights, but many venues, property managers and clients do, and it’s sensible to insist on it. Ask for a certificate of insurance that covers drone operations.
What to ask your drone provider
Before booking aerial work, ask:
- Who will fly, and do they hold a current FAA Remote Pilot Certificate?
- Is the drone registered and Remote ID compliant?
- Have you checked the airspace and any restrictions for this address and date?
- Does this location need FAA authorization, and how long will it take?
- Do you carry liability insurance that covers drone operations, and can you send a certificate?
- What happens if wind or weather grounds the flight?
- Who will get permission from the property owner, venue or park?
A professional pilot will answer these without hesitation. Drone work is part of our real estate services, and our booking policy explains what happens when weather or airspace keeps a drone on the ground.
Plan your aerial coverage
If your project could use aerial photos or video, tell us the location and date and we’ll check the airspace before we send a proposal.
