Brokerage bans agents from using drone photography

NRT – the nation’s largest residential real estate brokerage – is advising its agents not to commission drone photography until the Federal Aviation Administration (FAA) issues clearly defined rules governing the commercial operation of drones.

The warning was sent to more than 200 Coldwell Banker-branded operations in the northeastern U.S., which include offices in Pittsburgh; the Greater Philadelphia area; and NRT’s ERA-branded operation in Harrisburg. NRT said that until the FAA comes up with clear guidelines, agents “will not be procuring drone photography from any vendor, nor will we process and distribute any drone photography provided to the company by an affiliated sales associate.”

NRT attorneys Bob McCauley and Mark Daaleman warned that even though the FAA is still drafting rules that will govern the use of drones for commercial purposes, it has “issued fines and penalties” to people who use them for commercial purposes.

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The FAA has taken an aggressive stance regarding the use of drones for real estate marketing purposes. Last month, the FAA subpoenaed a New York area real estate company and its photography vendor for information about how the company uses drones for marketing purposes. The FAA has indicated that it has the authority to fine commercial drone operators if they and their aircraft have not been certified as experimental or commercial operators.

The FAA has not yet approved the commercial use of photography drones by Realtors® or by vendors who may seek to provide drone photography services to real estate professionals and may fine operators up to $10,000 for using drones for commercial purposes.

The National Association of Realtors® (NAR) has advised Realtors® against using drones for real estate marketing until the FAA issues regulations. NAR said, “At this time, however, Realtors® interested in this technology need to be aware that drone usage for business purposes is restricted under U.S. Federal Aviation Administration guidelines. Commercial use of drones is only permissible on a case-by-case basis, and an FAA certificate of airworthiness is required. The National Association of Realtors® does not recommend their use until the FAA issues clear-cut regulations governing their use in commercial situations, a different approach than today’s restricted case-by-case approval system.”