This article is from North Carolina Association of REALTORS®.
Current laws and rules on the use of drones
Release Date: 10/20/2015
QUESTION: What are the latest rules, laws and suggestions for the use of drones in photographing and marketing real estate?
ANSWER: The National Association of REALTORS® has published an excellent list of frequently asked questions concerning the use of Unmanned Aircraft Systems (or drones) by real estate professionals. That FAQ can be accessed by clicking on the following link: http://www.realtor.org/law-and-ethics/drones-frequently-asked-questions
The general rule is that the use of drones for real estate marketing is prohibited by the Federal Aviation Administration ("FAA"). However, there is an important exception to this rule: the FAA has the ability to issue what are known as "Section 333 waivers". These waivers grant authorization for certain unmanned aircraft to perform commercial operations on a case-by-case basis. Brokers interested in using a drone in connection with their real estate marketing activities can apply for a Section 333 waiver; the application procedure is described on the FAA's website.
As an alternative, brokers may hire an individual or company to operate a drone on their behalf. However, before doing so, brokers should verify that the individual or company has obtained the required Section 333 waiver. NAR's website has a list of the individuals and companies specific to the real estate industry that have been granted Section 333 waivers.
New federal rules governing drone use should be expected. In fact, Congress gave the FAA a September 30, 2015 deadline to develop new rules to govern the commercial use of drones in the national air space. However, the rule-making process has been delayed; NAR now believes that the new rules will not be issued before August 2016. Until the FAA issues those rules, the Section 333 waiver will be required.
The commercial use of drones is also governed by state law. In August, 2015, Governor McCrory signed a new law which requires anyone operating a drone in North Carolina for commercial purposes to first obtain a permit issued by the Division of Aviation of the State Department of Transportation. Since the state's permitting process has not yet been implemented, the statute provides that a user with FAA authorization will not be deemed in violation of the state statute as long as that user obtains the required permit within 60 days after the permitting process is implemented.
North Carolina's statutes contain some other prohibitions to keep in mind. One example: drones may not be launched or recovered from private property without the property owner's permission. Also, with limited exceptions, it is illegal to photograph a person while using a drone for commercial purposes without that person’s consent.
NCAR provides articles on legal topics as a member service. They are general statements of applicable legal and ethical principles for member education only. They do not constitute legal advice. If you or a client requires legal advice, the services of a private attorney should be sought. Always consult your broker-in-charge when faced with a question relating to the practice of real estate brokerage.
© Copyright 2015. North Carolina Association of REALTORS®, Inc. All rights reserved. No reproduction of any part may be made without the prior written consent of the copyright holder. Any unauthorized reproduction, use, disclosure or distribution is strictly prohibited.
