Drone photography can give buyers a perspective that traditional real estate photography cannot. Aerial photos and videos can showcase acreage, waterfront, outbuildings, landscaping and the relationship of a property to its surroundings.
But before launching a drone to get the perfect listing photo, REALTORS® should remember that drones are aircraft regulated by the Federal Aviation Administration (FAA). And when a drone is being used to create real estate advertising, the flight generally is not considered recreational.
It's the purpose of the flight that matters
A common misconception is that the FAA rules for non-recreational drone operations apply only when someone is paid to operate the drone. That is not the case.
The FAA distinguishes between flights conducted purely for recreation or personal enjoyment versus flights conducted for another purpose. In fact, the FAA specifically identifies taking photographs to help sell a property or service as an example of a non-recreational operation subject to 14 C.F.R. Part 107.
That means a REALTOR® who flies a drone to photograph a new listing is conducting a non-recreational flight even if drone photography is simply part of the REALTOR®'s services and there is no separate charge for the photographs.
The same principle applies when someone else offers to take the photographs for free. For example, suppose a seller's son-in-law owns a drone and offers to photograph the seller's property so the REALTOR® can use the photographs in the MLS. The fact that the son-in-law is not being paid does not make the flight recreational. If the purpose of the flight is to produce photographs to help market the property, the flight is non-recreational.
Occasionally, a seller may already possess drone photographs or video that were created before the property was being marketed. The circumstances surrounding those images may be different, but REALTORS® should not treat existing or seller-provided footage as an automatic exception to the FAA rules. In particular, asking a seller or anyone else to take new drone photographs or video for use in marketing is a non-recreational purpose, regardless of whether the operator is paid.
The important question is why the drone is being flown, not whether the operator is being paid. If obtaining images to advertise or help sell the property is a purpose of the flight, the flight should not be treated as recreational.
Who can operate the drone?
For most real estate photography involving a small drone weighing less than 55 pounds, the operator must comply with the FAA's Part 107 rules.
A person manipulating the flight controls under Part 107 generally must hold an FAA Remote Pilot Certificate with a small unmanned aircraft systems rating or operate under the direct supervision of someone who holds the certificate.
Obtaining the Remote Pilot Certificate does not require a traditional pilot's license or actual flight experience. A first-time applicant generally must be at least 16 years old, meet other FAA eligibility requirements and pass an aeronautical knowledge examination. Remote pilots also must complete recurrent training every 24 months.
Hiring a professional drone photographer is another option. REALTORS® who hire someone to capture aerial photographs or videos for a listing should consider confirming that the person who will operate the drone is properly certificated and will comply with applicable FAA requirements.
Having a certificate isn't the end of the rules
The Remote Pilot Certificate does not give the operator permission to fly anywhere or in any manner. Part 107 includes operational requirements governing how and where a drone may be flown. Among other requirements, the remote pilot generally must keep the drone within visual line of sight, yield to other aircraft and operate no higher than 400 feet above ground level, subject to an exception for operations near structures.
Operations over people and moving vehicles are subject to additional requirements. Night operations also have specific requirements, including anti-collision lighting.
Each drone operated under Part 107 must be registered with the FAA, regardless of weight. Drones required to be registered generally must comply with the FAA's Remote ID requirements as well.
Airspace matters too. A property near an airport may be located in controlled airspace. Operating a drone in controlled airspace generally requires FAA authorization, which may be available through the FAA's Low Altitude Authorization and Notification Capability (LAANC) or DroneZone.
Don't forget what the camera can see
FAA compliance is only one consideration when using drone photography. Aerial photography can capture considerably more than the property being marketed.
A flight over a residential property, for example, might also capture neighboring homes, yards or people who have nothing to do with the transaction. REALTORS® and drone operators should be mindful of potential privacy concerns and avoid unnecessary images of neighboring properties or individuals.
There is also the basic advertising question: Does the finished image accurately represent the property being offered for sale?
Cropping, editing and other modifications should not create a false or misleading impression of the property. Beginning January 1, 2027, revisions to Wisconsin law will also expressly require a licensee to disclose in advertising when technology, including artificial intelligence, has been used to add, remove or change elements of the property in a manner that creates a false or misleading impression.
Before the drone takes off
Drone photography can be an effective real estate marketing tool, but owning a drone or knowing someone who does is not enough to make a flight lawful.
Before using drone photography created specifically to market a property, determine who operated the drone, whether the operator was properly certificated, whether the drone was appropriately registered, and whether the flight complied with applicable FAA operating and airspace requirements.
And remember the simplest distinction:
Flying a drone around the backyard for fun is recreational. Launching it to get the perfect aerial shot for a real estate listing is not.
For more information, see the FAA's Recreational Flyers & Community Based Organizations.
