FAA releases drone rules for real estate agents

On June 21, the Federal Aviation Administration released a long-awaited set of regulations on the commercial use of unmanned aircraft systems – or drones, as they’re commonly called.

Despite the sharp spike in popularity of drones over the past few years, the existing FAA regulations do not allow these aircraft to be used for “commercial” purposes in most situations. The new regulations – in the works in one way or another since at least 2012 – create much less onerous set of requirements to utilize a UAS for things such as aerial listing photography or other property-related uses.

These new regulations will go into effect around August 20 of this year. Until then, current rules still apply.

The regulatory document is a mere 624 pages, but if you’re short on time here are a few highlights:

• Must be in the “visual line of sight” of either the operator or another “visual observer.”
• May only fly during daylight, or within 30 minutes of sunrise/sunset with anti-collision lighting.
• Maximum altitude of 400 feet about ground level or, if higher, within 400 feet of a structure.
• May not operate over people not directly involved in the operation of the UAS.
• “External load operations” are permitted if securely attached and does not affect characteristics (i.e., a UAS may carry cargo in certain situations).
• Any small UAS must still be registered with the FAA (an earlier rule that has not changed)
• The operator of the UAS (referred to as “remote pilot in command”) must either hold a remote pilot airman certificate with a small UAS rating or be under the direct supervision of someone who does.
  • A remote pilot airman certificate can be obtained either by someone with an existing pilot certificate who has taken a small UAS training course, or by anyone who passes an initial aeronautical knowledge test provided by the FAA

It’s also key to remember that just because the FAA is implementing general usage rules for flying a UAS, there are still many other related laws/rules/policies that may cover this activity. A number of state and local governments have enacted laws/ordinances that apply in their jurisdictions, many of which deal with uses that may be criminal or potential invasions of privacy. Realtors® considering the use of these aircraft in their business should check with local municipalities about any local restrictions, and should use the emerging best practices for privacy protection whenever possible.