Drone Photography for Real Estate: Legal Requirements, Permits, and What Agents Should Know

Why Drone Photography Matters in Real Estate

Drone real estate photography has transformed the way real estate agents market listings, offering dynamic, elevated views that showcase everything from architectural scale to neighborhood surroundings. In competitive markets like the San Francisco Bay Area, aerial content isn’t just a nice-to-have—it’s a tool that can help listings stand out online and draw in serious buyers.

But before you book your next drone shoot, here’s what every agent should know about working with a certified drone pilot, navigating airspace regulations, and understanding local laws. Knowing what’s required behind the scenes can help you avoid legal complications, protect your clients, and ensure a smooth, professional experience from start to finish.

1. FAA Certification: What It Is and Why It Matters

In the United States, any drone operator conducting commercial work—including real estate marketing—must hold a Part 107 Remote Pilot Certification issued by the Federal Aviation Administration (FAA). This certification ensures that the operator understands airspace rules, weather effects, safety procedures, and flight planning.

Without this certification, using a drone for business purposes is illegal—and if something goes wrong, the liability falls on the pilot and potentially the listing agent who hired them.

FAA Part 107 License | Source: Medium.com

In addition to holding a Part 107 Remote Pilot Certification, the drone in operation must be registered with the FAA. This can easily be identified by locating a sticker either on the side or the bottom of the drone with a 10-digit ID.

✔ Always confirm that your photographer is FAA-certified.

✔ Ask to see their Part 107 certificate or check if they’re listed with the FAA.

✔ Always confirm the drone in operation for a 10-digit ID sticker

✔ Certified operators are trained to avoid airspace violations and safely handle flights near buildings, people, and public spaces.

💡 Pro Insight: A certified drone pilot brings more than skill—they bring compliance and accountability. That’s peace of mind for you and your clients.

2. Airspace Restrictions & Approvals

Not all airspace is created equal—and that matters when you're planning an aerial shoot. The Bay Area is surrounded by controlled airspace due to the high number of nearby airports, including SFO, Oakland International Airport, San Jose Airport, and numerous municipal airfields. Even if it doesn’t feel like you’re near an airport, your listing could easily fall into a no-fly zone.

In controlled airspace, drone flights require FAA authorization before takeoff. Certified pilots use the LAANC (Low Altitude Authorization and Notification Capability) system to quickly apply for flight approvals.

Airspace 101 - Rules of the Sky | Source: FAA.gov

🗺️ Want to check yourself? Use the FAA UAS Data Map. Zoom into your listing address and observe the grid overlay:

• Each shaded area represents controlled airspace near an airport.

• Each square within the grid is marked with a number (0–400). This number is the maximum altitude (in feet) a drone is permitted to fly above ground level at that location.

✔ If the grid shows “0,” no drone flight is allowed without special FAA approval. 

✔ “100” - “400” indicates how high a certified drone operator can legally fly with LAANC clearance.

💡 Pro Insight: A professional pilot knows how to interpret these maps and request the appropriate clearances. DIY or uncertified pilots may skip these steps—and put your listing at legal risk.

3. Permits & Local Laws (What to Ask Your Photographer)

While FAA regulations govern national airspace, local governments and municipalities often impose their own rules, especially in densely populated cities or when flying over public spaces like parks, streets, or community centers.

✔ Local laws typically apply in the following scenarios:

• Flying over or taking off from public parks, schools, or city-owned land

• Operating in downtown areas or high-density residential neighborhoods

• Filming near events, crowds, or street traffic

No Drone Zone | Source: nps.gov

Do you need to check if local laws apply to your listing area? Simply search: “[City or County Name] drone laws” Or contact your FAA-certified drone pilot, who should be familiar with the legal landscape and able to guide you through any necessary steps.

✔ Ask your drone photographer these questions before the shoot:

• “Are you FAA certified?”

• “Have you checked for airspace restrictions at this address?”

• “Do we need any city or county permits for this location?”

• “Are there any HOA or local restrictions I should be aware of?”

💡 Pro Insight: Public spaces and city limits often have additional rules, but a certified pilot will know how to navigate them—or let you know when drone use isn’t an option.

4. What Real Estate Agents Should Know (and Do)

Hiring a drone photographer isn’t just about getting cool aerial shots—it’s about understanding the legal responsibility and professionalism required to use this technology safely and effectively.

✔ Know your photographer’s credentials. 

✔ Ask about local restrictions and airspace approvals. 

✔ Educate your sellers—some properties may not qualify for aerial content due to flight limitations, not photographer preference.

By staying informed, you protect your listing, your client, and your professional reputation.

💡 Pro Insight: Drone media adds major visual impact—but only when it’s done right. Working with a certified pro ensures quality, compliance, and peace of mind.

Final Thoughts: Work With a Certified Professional

Drone real estate photography has become a valuable asset in real estate marketing—but with that power comes the need for legal knowledge, proper certification, and respect for local regulations.

As a real estate agent, your job is to deliver standout marketing while protecting your client’s interests. That starts with working alongside drone photographers who are certified, experienced, and knowledgeable about the airspace and legal landscape in the Bay Area.

📷 Looking to add compliant, high-quality aerial content to your next listing? Let’s connect—I’d be happy to walk you through what’s needed and how we can bring your listings to new heights.