With new regulations in place allowing the operation of drones beyond 15 miles of Washington, D.C., Realtors® should be aware of current drone photography rules and practices. The Federal Aviation Administration (FAA) allows for the use of both commercial and non-commercial (hobbyists) unmanned aircraft, or drones. As a Realtor®, use of a drone for any real estate marketing (or for any purpose related to the Realtor’s® business), will be subject to the FAA requirements for commercial drone operators. 

HOW CAN REALTORS® LEGALLY FLY A DRONE?
INITIAL STEPS
To operate a drone for real estate marketing, Realtors® must register the aircraft with the FAA and receive a unique registration number that must be displayed on the drone. Once registered, the operator must apply for an FAA-issued pilot’s license that can be any of the following: an airline transport, commercial, private, recreation, or sport pilot certificate.

SECTION 333 WAIVER
After receiving a registration number and pilot’s license, the pilot may apply for a Section 333 exemption, which will allow operation of the drone in public airspace. The FAA advises all applicants that the approval may take up to 120 days. 

Completion of the petition requires detailed information about the specific design and operational characteristics of the unmanned aircraft system (UAS) to be flown. If the selected drone model has been approved before, that may expedite approval.  An explanation of procedures to ensure that the UAS is in condition for safe flight should be cited. To comply with this requirement, the petition should include an aircraft flight manual and a maintenance and inspection manual, or another similar document. Every applicant must include a description of the Radio Frequency Spectrum used to control the drone and any other equipment that may be attached to the drone, such as a camera. 

The Section 333 petition requires a full description of the pilot’s certification, including the level of airman certificate held, any training the pilot has received, the total hours of flight experience with the particular drone, and any medical standards and certifications the pilot has received. 

Finally, the petition must include a full description about how the drone is actually going to be used.  In addition to stating the purpose for flying the drone, the petition must explain how its usage would not adversely affect public safety and address plans to implement procedures to ensure such safety. Before the FAA will approve a Section 333 petition, the agency must be satisfied that the proposed flights will not pose an undue hazard to persons or property. Applicants must specify the maximum speed (no faster than 87 knots or 100 mph) and altitude (no higher than 400 feet above ground level) of the UAS: include any description of the areas where the user is intending to fly the drone; plans to operate the drone within visual line of sight and only during daylight hours; and any intention of flying near an airport. This list is not comprehensive; the FAA requires additional information on the Section 333 waiver petition.

CAN REALTORS® HIRE A THIRD PARTY TO FLY A DRONE 
The simple answer is, yes. In fact, NVAR recommends this option for Realtors® who have a limited need for aerial photography. The FAA’s website provides a list of authorizations granted via the Section 333 waiver. It is recommended to hire a drone operator who is insured and holds a valid Section 333 waiver. Using a drone operator who is unlicensed and inexperienced could have legal implications for the real estate professional.

For a list of additional resources, please visit go.nvar.com/drones