Operating Drones Under Part 107 For Real Estate and Other Commercial Purposes
So, you have a new listing that backs up to a lake and some great drone footage would really help set this property off. Or maybe it's an upscale home on an acre with a pool and rose garden where a great overhead shot showing the property will be very inviting for buyers.
Okay - call your friend with a drone and have her capture a few shots and a short video, no worries right? Not so fast.....
​
Just like other regulated professions
Drone flights for any commercial use, like images or video used for advertising or promotion of a property, brand, or business, are controlled by the FAA (Federal Aviation Administration) and require a licensed Part 107 drone pilot. Operating an unregistered drone or commercial work without a license can have serious implications. Can you imagine an unlicensed realtor or lawyer representing clients? Having the proper licensing is typically good for all.
What if it's just a few images?
What's the worse that can happen? Well, for any commercial drone operation outside of Part 107, there are two parties involved. The pilot and the person or business who hires the work. In either case, ignorance is not a good defense.
​
The pilot may face several consequences
Ranging from a warning letter to heavy fines or even imprisonment. For each offense (flight) the pilot could face fines. And for more serious offenses, operating an aircraft without registration or any necessary airman certification can result in a $27,500 penalty with a maximum of 3 years in prison and/or $250,000 fine." (49 U.S.C. §46306(b) and (d))
​
For the business hiring an unlicensed drone pilot
They could also receive fines, or worse, lose credibility with sellers for operating outside of legal requirements. The real estate agent or business who contracts the pilot could face penalties for each instance as well. The costs can add up for companies like a real estate brokerages who may have a lot of drone created assets in use. Realistically, the business would probably first receive a strongly worded and remove the images. Would definitely create a client service problem as those shots would need to be retaken legally.
​
For realtors in particular, the NAR (National Association of Realtors) offers guidance on the drones for real estate in accordance with FAA regulations.
"Be aware of the legal issues using drones in your real estate business.
Drone usage is a growing trend in the real estate industry. You can either obtain a Federal Aviation Administration (FAA) Remote Pilot Certificate yourself for commercial use or hire a professional drone pilot/photographer. It is important to keep up with the FAA drone regulations and keep your Remote Pilot Certificate current." www.nar.realtor/drones
Imagine if you or your business receives an inquiry from the FAA...
...and your drone pilot is not licensed. Even if it is just a slap on the wrist and you have to replace all your shots and video taken, it's still a hassle and can look poorly to existing and potential clients (i.e sellers).
Compared to the hassle of replacing images and/or potential fines, obtaining your drone license or hiring a licensed professional is very inexpensive.
If you already have a drone you can take the Part 107 exam with the FAA for $150 and with a passing score you're good to go for two years. The exam is fairly challenging and would likely require several weeks of study to pass.
​
If you don't have a drone or do not wish to spend $1,200+ to purchase one and learn to fly it for capturing great shots, then it may be better to outsource this work. All part 107 pilots are issued a license card from the FAA to keep on their person - just ask for it up front.
​
Want to know if the person doing your drone shots is licensed?
Fortunately the FAA makes this very easy to do. You can visit FAA Airman Inquiry and type in only their last name, or refine further with first name and location.
​
For work in the Thomasville, Ga and surrounding areas 229media would love to work with you! In addition to being Part 107 licensed (Cert No. 4397565, last name Fralish) we can also provide certificate of insurance (COI) for liability and property damage. Check out our services and connect with us for all your photography and drone needs.
​
​