Aerial Photography for Real Estate- What you need to know.

Do Real Estate Agents Need a Part 107 to Fly a Drone? Here’s What You Need to Know

Drone photography has become one of the most effective ways to elevate a real estate listing. Aerial photos and videos can highlight a home’s setting, lot size, neighborhood amenities, and curb appeal in ways traditional ground photos simply cannot. But before you—or anyone on your team—launch a drone, it’s important to understand the rules you’re operating under.

According to the Federal Aviation Administration (FAA), any drone flight connected to your business is automatically considered a commercial operation. This includes taking photos or videos for a listing, creating marketing content, capturing footage for social media, or even inspecting a roof during a listing appointment. Because of this, the person flying the drone must have an FAA Part 107 Remote Pilot Certificate. Once your drone imagery is used to promote or support your real estate business, it is no longer considered “recreational,” even if you only fly occasionally.

Part 107 also includes several safety and operational rules pilots must follow. These include staying under 400 feet, keeping the drone within visual line of sight at all times, flying only in permitted airspace, and operating safely around people, homes, cars, and other property. Drone registration and Remote ID requirements also apply to most drones used in real estate. Whether you fly yourself or hire someone, these rules are mandatory—in the eyes of the FAA, the person flying the drone is responsible for following them, but brokers and agents can face additional liability if something goes wrong.

What NAR Says About Using Drones in Real Estate

The National Association of REALTORS® (NAR) has been heavily involved in shaping how drones are used within the real estate industry. NAR fully supports the safe and legal commercial use of drones and frequently works with the FAA to ensure that real estate professionals can access aerial technology—while still meeting federal requirements.

On NAR’s official “Drones” resource page and in their Window to the Law legal video series, the association emphasizes the following:

• Any drone used for real estate business must comply with FAA rules, including registration, Remote ID, and Part 107 certification.

• REALTORS® should either be Part 107 certified or work with a properly licensed and insured drone operator.

• Real estate professionals need to be aware of state and local drone laws, privacy concerns, and insurance limitations.

• NAR highlights that drone operators must understand airspace restrictions, altitude limits, and night-flying rules, which can vary based on the location of the listing.

• Using an uncertified drone operator—or flying without a license—can expose both the agent and the brokerage to legal and business risks.

NAR consistently reminds its members that drones are considered aircraft, meaning that aerial photography isn’t just “taking pictures”—it is subject to federal aviation law. For this reason, NAR encourages REALTORS® to verify Part 107 certification, insurance coverage, and safety procedures anytime a drone professional is hired.

Aerial Photography - Risks of Flying Without a Part 107

Flying commercially without proper certification can lead to FAA enforcement actions. These may include warning letters, civil penalties (fines), and, in serious cases, restrictions on future flying. Fines can increase quickly if multiple violations occur during a single flight—for example, flying without a license, operating in controlled airspace without authorization, or flying over people can each be separate violations.

Beyond FAA fines, insurance is another serious concern. Many business or homeowner insurance policies exclude drone-related incidents, since drones are treated as aircraft. This means that if a drone hits a roof, car, window, or person, the agent or brokerage could be financially responsible for the damage.

Privacy is also a growing concern. Drones often capture more than the listing itself—neighboring yards, pools, children, or private areas may end up in the frame. NAR recommends being cautious, gaining permission when needed, and paying attention to what is visible in your shots to avoid potential complaints or legal issues.

The Smart Choice for Real Estate Pros

The easiest, safest, and most compliant way to use drone photography in your real estate marketing is to work with a certified, insured Part 107 pilot—or to become certified yourself. Part 107 isn’t difficult to obtain, but it does ensure you understand airspace, safety, weather, emergency procedures, and legal requirements.

Aerial imagery is a powerful tool, and when used correctly, it can dramatically improve the quality of your listings. By following FAA rules and NAR guidance, you can enjoy all the benefits of drone photography without worrying about fines, liability, or compliance issues.