FAA Part 107 Compliance for Drone Photography — What Realtors & Brokers Need to Know
Space Coast Real Estate Professionals,
As drone photography becomes a standard part of real estate marketing, I want to share an important FAA compliance reminder designed to protect realtors, brokers, and their clients.
Based on recent feedback from clients, I want to share some very important information regarding drone photography and some potential legal pitfalls — specifically the importance of only hiring FAA certified drone operators. I’ll keep it as short as possible, but there are several important facts I need to highlight.
This guidance comes directly from current FAA regulations and is meant to help you avoid costly accidental violations. Nothing here is legal advice, instead it’s simply tips from publicly available sources on the subject. Please do your own research as required.
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B.L.U.F (Bottom Line Up Front)
Under FAA regulations, if drone photos or videos are used for a listing and the pilot is not FAA Part 107 certified, the FAA may issue civil penalties to both:
• The pilot (often ~$1,000+ per flight), and
• The realtor or brokerage that hired, authorized, or benefited from the flight (often ~$10,000+ per flight)
Each flight may be treated as a separate violation under federal law.
You can check to see if your pilot is certified at: https://amsrvs.registry.faa.gov/airmeninquiry/Main.aspx
Authority:
14 CFR § 107.12
49 U.S.C. § 46301
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Why Part 107 Certification Is Required
The FAA requires a Remote Pilot Certificate (Part 107) for any drone operation conducted “in furtherance of a business” for public safety and accountability.
This applies to real estate marketing even if:
• No money is paid to the pilot
• The images are provided for free
• The drone belongs to the agent or homeowner
• The photos are only used online or on social media
If the imagery is used to market a property in any way, it is considered a commercial operation and therefor requires a FAA Certified Part 107 prior to the flight(s).
Authority:
14 CFR § 107.12(a)
FAA Interpretation of “Commercial / Non-Recreational Use”
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Who Is NOT Permitted to Shoot Aerial Photos for Listings
Unless they hold a Part 107 Remote Pilot Certificate, the following individuals may not legally conduct drone flights for real estate marketing:
• Recreational or hobby drone pilots
• Friends or family members assisting with a listing
• Assistants or team members without certification
• Homeowners flying their own drones
• Photographers who are not Part 107 certified
Allowing or commissioning such a flight can expose the agent and brokerage to enforcement action.
Authority:
14 CFR § 107.12(a)(2) Prohibits causing or allowing an unqualified person to operate a small UAS for commercial purposes
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Responsibility & Liability
The FAA assigns responsibility as follows:
• The remote pilot in command is responsible for the operation and compliance
• Any person or business that causes, authorizes, or benefits from an illegal flight may also be held liable
This includes real estate agents and brokerages when drone imagery is used in listings.
Authority:
14 CFR § 107.49 - Responsibility of the Remote Pilot in Command
49 U.S.C. § 46301(a) - Civil penalties for regulatory violations
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Potential Penalties
• Civil penalties:
Individuals: commonly ~$1,000+ per violation
Businesses: often ~$10,000+ per violation
• Criminal penalties (rare, willful violations only):
Up to $250,000 in fines and/or imprisonment
Authority:
49 U.S.C. § 46301- Civil penalties
49 U.S.C. § 46306 - Criminal penalties for knowing and willful violations
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A Simple Best Practice
To remain compliant and protected:
• Confirm your drone pilot holds a valid FAA Part 107 certificate
• Only work with photographers who complete all airspace authorization when required
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- Patrick and Cape Canaveral airspace (red below) are large and flights require several days for proper coordination for the safety of manned aircraft.
- The Melbourne Airport and the Titusville Airport (green below) also airspace require prior FAA authorization, but can usually be accomplished “instantly” by the pilot
Drone flights without proper prior authorization are a hazard to manned aircraft and a violation of FAA Regulations. These simple steps help ensure your marketing remains both effective and compliant.
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If you ever have questions about drone regulations or certification verification, I’m always happy to help. My goal is to ensure your listening looks great while keeping you fully aligned with FAA requirements.
Best regards,
Chris Hare
Coastal Living Photography
FAA Part 107 Certified Remote Pilot (Cert: 4381425)
