Regulations governing the use of drones or unmanned aircraft systems (UAS) have seen a dramatic evolution over recent years. A pivotal contributor to this growth has been the real estate industry, which has capitalized on drone technology for a host of applications, including property inspections, marketing, and virtual tours. As this powerful tool becomes even more integral to commercial operations in 2026, it is crucial for real estate professionals to fully understand and abide by the Federal Aviation Administration’s (FAA) requirements for drone usage.
The FAA established a comprehensive set of rules defined in the FAA Reauthorization Act of 2018. These rules serve as guiding principles for drone operations, with the goal of ensuring safety, privacy, and feasibility in its practice. The FAA Reauthorization Act, which is revised periodically, offers a foundation that shapes drone-related regulations in various industries, including real estate.
Under Part 107 of the FAA rules, commercial drone operators are required to secure a Remote Pilot Certificate. This applies to real estate professionals who utilize drones for purposes related to their business. To obtain the certificate, one must pass an aeronautical knowledge test at an FAA-approved testing center.
The Part 107 rules also dictate flight restrictions. Drones may not operate over individuals not directly participating in the drone operation unless they are under a covered structure or inside a stationary vehicle. This applies to residential properties or commercial establishments, a frequent location for real estate drone shoots.
Additionally, drones under Part 107 must adhere to various operational limitations. Some of these include maintaining a maximum groundspeed of 100 mph, a maximum altitude of 400 feet above ground level, or maintaining line-of-sight operation. The drones should not weigh more than 55 pounds and must operate during daylight hours or in twilight (30 minutes before official sunrise to 30 minutes after official sunset) with appropriate anti-collision lighting.
Of particular interest to the real estate industry is the revision of Section 44807 of the FAA Reauthorization Act of 2018. This section provides permission for specific drone operations that go beyond the scope of Part 107 upon a waiver issued by the FAA. Many real estate drone applications may fall under this category, including flying over people, nighttime operations, and operations beyond the pilot’s visual line-of-sight.
Another significant point to consider for those in the real estate industry is the strict compliance to privacy laws implemented by the FAA. Any form of data collected by drones, which can include photos and videos, must adhere to the local and state privacy laws. It’s important for realtors to familiarize themselves with these laws to ensure they don’t infringe on anyone’s privacy during drone operations.
In 2026, the FAA has implemented a Remote Identification (RID) rule for drones. This rule mandates that all drones, including those used in real estate, have the ability to provide identification and location information that can be received by the FAA, law enforcement, and the public. The implementation of RID plays a significant role in allowing advanced operational capabilities such as flights over people or beyond visual line of sight, creating more potential for the real estate industry.
In summary, keeping abreast of FAA regulations is an absolute necessity for real estate professionals intending to use drone technology in their business operations in 2026. Staying on the right side of the law not only prevents potential legal complications but also ensures the safe and acceptable use of drone technology to benefit the real estate industry further.
