Do I Need a Part 107 to Take Real Estate Drone Photos?
Yes, in nearly every case. The FAA treats real estate listings as commercial use, which means Part 107 applies even when no money changes hands. What is required, what is not, and what happens if you skip it.
Yes. Almost always. If a drone photo, video, or scan is used to market a property for sale or rent, the FAA treats the flight as a commercial operation under 14 CFR Part 107, and whoever is flying the drone must hold a current Remote Pilot Certificate.
This is true even when no money changes hands. The trigger is the purpose of the flight, not whether anyone got paid. A listing on the MLS qualifies. A listing on Zillow qualifies. So does a photo on the brokerage's social media.
What is actually required?
Four things have to be in place before the flight. None of them are optional.
| Requirement | What it is |
|---|---|
| Remote Pilot Certificate (Part 107) | Held by the pilot in command, meaning whoever is operating the drone. |
| Drone registration | $5 through FAA DroneZone, valid three years. The registration number must be displayed on the drone. |
| Remote ID broadcast | Built into newer drones; a broadcast module attaches to older ones. Required for nearly all commercial operations since September 2023. |
| Airspace authorization | Required in Class B, C, D, or surface E airspace. LAANC handles the request, free, usually returning an automatic approval in seconds. |
What are the common real estate scenarios?
- A realtor flies their own drone to photograph a listing they have. Part 107 is required.
- A homeowner flies their drone to take photos of their own house for an upcoming listing. Part 107 is required, because the purpose of the flight is to market the property.
- A friend with no certificate takes drone shots as an unpaid favor. Still requires Part 107, because the photos will appear in a listing.
- A licensed photographer takes drone photos for a brokerage. Part 107 is required.
- A homeowner took drone photos of their house for fun, then later decided to use them in a listing. The rule is the same as for any other listing: photos used to market a property required a Part 107 flight. Personal-use photos do not become commercially compliant by aging. The rule is clear; the only question is whether enforcement notices.
What happens if you skip it?
Three things can go wrong, in order of likelihood.
1. The brokerage or MLS finds out the photos came from an unlicensed flight and pulls the listing. This is the most common consequence.
2. The photographer's reputation in a small real estate market takes a hit that is harder to undo than any fine.
3. The FAA, if a complaint is filed (usually by a neighbor or a competing photographer), can issue a civil penalty that can run into the tens of thousands of dollars per violation, with the maximum adjusted annually for inflation.
Drone insurance does not cover unlicensed operations, so any damage during the flight is paid out of pocket.
Content here is derived from 14 CFR Part 107 and FAA Advisory Circular 107-2A. It is for educational purposes. Verify current FAA rules and your state's drone laws before flying.
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