Aerial Drone Photography for Real Estate Update


Well, we sure thought the FAA was finally going to have rules in place by the end of 2015… I was disappointed to hear this week from a local attorney, versed in the laws effecting commercial aerial photography, that we probably won’t see rules in place until 2017. There is a current exemption one can obtain, but you MUST have a real pilots license to be eligible. This counts me out.

I flew my little DJI Phantom for just a year before things started heating up in the media, so she’s been grounded since last fall and she is now up for sale. By the time the FAA has all its rules in place, this will be outdated equipment.

It is sad because an aerial view of a home can be so terrific – setting up a better since of place.

IMPORTANT for those of you who are hiring commercial aerial photographers or if you are doing it yourself as an agent; as soon as you are using the images to sell a property you are in violation of the current laws – unless you or the photographer has the actual 336 Exemption.

Incase a drone does damage to a property, the owner of the drone will be liable, but if it goes to a civil suit – they will most likely go after whoever hired the photography company. So, be aware; check if your photographer has the 333 Exemption and if your insurance policy will cover you in the event of an accident.

4 comments on “Aerial Drone Photography for Real Estate Update

  1. Greg Davis says:

    Great article.
    Do you think it goes for New Jersey also?

    Greg A. Davis
    Cell: (914) 552-1406

    • carolgrape says:

      Yes, this applies to the whole country at the moment. Though I know there are some states that have outright banded drones for commercial (essentially making it illegal – probably can’t even get the exemption in those states) use until the FAA comes out with there regulations.

  2. Dave says:

    As of this time there have been no prosecutions for commercial use of a UAV — only for flying recklessly. The rules may be out by next year and say, in essence, “Under 500 feet, line of sight, daytime only.” I’m following all of those rules now. There are no actual rules, regulations, or laws in place against commercial operation of a UAV — just “interpretations” of old regulations, and that means diddly.

    • carolgrape says:

      Well, I am not willing to put my business at risk, nor do I wish to have my clients put their businesses at risk either. And it is looking like we might not see regulations in place until 2017 now…

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