Can you fly a drone over someone's property?
When deciding to fly over someone's property, you need to be extra careful. You should pay attention to several important elements. In this article, you'll learn what you need to know about flying a drone over your property, applicable regulations, and whether there are legal consequences.
Flying a drone over the property
Privacy, security and personal space, are important elements for every person. Before you decide to fly a drone over private property, it's a good idea to find out what rules to follow. As a drone pilot, first and foremost, you are bound by aviation regulations. Familiarize yourself with airspace zones and any restrictions that may result from the presence of airports or other places with restrictions.
Check the expectations of the property owner in terms of privacy and security. When deciding to fly a drone, although you are not required to obtain permission from the people who own the property, but in some cases you may face legal consequences. We explain more about this in the following paragraph.
Flying a drone regulations
Regulations covering drone flying include maximum flight altitude, distance from people and buildings, and special areas where drone flying is completely prohibited. Some sites may require special permits or approvals, especially in the case of protected areas or sites of special historical significance or military areas. But what about when, for example, you want to fly over a neighbor's plot or your own?
If you are flying over someone's property, it is prohibited to physically violate the drone, such as shooting it down or otherwise damaging it while it is in the airspace above the property. If such a situation causes a resident concern, he or she can report it to the police.
As the first, you are bound by aviation regulations, so if a plot of land lies in a zone where flying is prohibited - you can't fly a drone or get special permission. According to the current law, there is no ban on conducting flights over private properties. However, when a property owner documents multiple repeated violations, it can lead to legal problems. Charges can range from theft of image and private data to allegations of harassment or stalking. Remember that improper use of a drone can also risk confiscation of the device. A ban on filming with a drone in a particular area can be enforced by posting prominent signs, and ignoring such a ban can be interpreted as a violation of home turf.
So we explain - you need to follow the privacy rules. The boundaries of the property are set horizontally, while the operator of unmanned aircraft is bound by aviation law, in which there is no such thing as private airspace. Legality of flights over private property is subject to permission of the property owner. Failure to comply with the rules may lead to privacy violations and fines may be imposed. The amount depends on the degree of violation.
A fine for flying a drone
Violation of drone flying regulations such as violation of flight safety rules, ignoring the airspace, or using a drone inappropriately, not only carries the risk of dangerous situations, but can also result in a fine.
It is possible to fly over someone's land with reason and privacy rules. Therefore, in order to avoid such consequences, it is always important to follow the rules and respect the privacy of others. Referring to Art. 107. - [Maliciously disturbing another person] - Code of Offenses.
Whoever, for the purpose of annoying another person, maliciously misleads or otherwise maliciously disturbs that person, shall be punished by restriction of liberty, a fine, or a reprimand.
Frequently asked questions - FAQ
Who owns the land in front of the property?
The area in front of the property may be owned by various people or institutions, the rights to it may belong to the road infrastructure manager, especially when it comes to sidewalks. It is worth noting that the duty to maintain the order of such an area often falls on the owner of the property, for example, shoveling snow from sidewalks. The land may also be acquired by an individual or legal entity under a property right.
Is it possible to take photos of a property without the owner's permission?
Taking photographs of a property without the prior consent of the owner is legal, provided that the residents cannot be identified. In most situations, there is no copyright infringement, as not every building can be considered a copyrighted work. It is always worth obtaining permission, especially if you intend to publish such photos.
Is it legal to fly a drone over private property?
Drones can fly over private property, but it is better to get permission from the owner for such flights.
I have my plot of land on which stands a building with a height of. 20m, can I fly on it up to that height?
No, you can't. Both EU and Polish regulations require every drone user to have the proper authorizations, regardless of whether the airspace is owned by them. There is no concept of "private airspace" in aviation law. Air is a common good, and every user has a duty to comply with aviation regulations. You can't fly a drone on private property without a license, even if you fly to the height of the highest obstacle.
Peeping from a drone is legal?
Drones are commonly used for surveillance, but filming, observing or taking photos without permission is a clear violation of privacy rights.
Flying a drone over someone's property is not prohibited, you are not breaking the law and you can do it, as long as the area is not in a no-fly zone. Keep in mind, however, that this may violate the personal privacy of the property owner, which may involve trespassing on the space and lead to liability. When filming or photographing from a drone over private property, it is safer to obtain permission from the owner and not worry about a possible conflict.