What Is Part 107, and Why Your Drone Photographer Needs It
Part 107 is the FAA rule that governs commercial drone flights in the United States. Anyone flying a drone to market a listing must hold an FAA Remote Pilot Certificate under Part 107, fly a registered drone, and follow its limits on height, airspace, and line of sight. Hiring an uncertified pilot puts an illegal flight at the center of your listing.
October 3, 20267 min read
By Tom Van Vechten · Updated
What is Part 107?
Part 107 is the section of federal aviation regulations that covers small drones flown for work. The FAA summarizes it on its page for certificated remote pilots and commercial operators. It applies to drones under 55 pounds, which covers everything used for real estate.
The key idea is purpose. If a flight is for business, it falls under Part 107. Listing photos are business, whether or not the pilot was paid for that flight. The exception for recreational flyers covers flying purely for fun, and marketing a property isn't that.
What does Part 107 require of a pilot?
Requirement
What it means
Remote Pilot Certificate
The pilot passed an FAA aeronautical knowledge test and holds a certificate
Recurrent training
The pilot completes FAA training every 24 months to stay current
Registered drone
The aircraft is registered with the FAA and marked with its number
Remote ID
The drone broadcasts identification and location while it flies
Height limit
Generally no higher than 400 feet above the ground
Line of sight
The pilot keeps the drone in view
Airspace authorization
Permission is needed to fly in controlled airspace near airports
Rules about people
Flying over people and moving vehicles is restricted
This is a summary. The full rule has more detail, and the FAA can grant waivers for some limits.
The airspace item is the one that affects San Diego listings most. Much of the coast and the areas around San Diego International, Montgomery-Gibbs, McClellan-Palomar, and Gillespie airports are controlled. A certified pilot can request authorization through the FAA's LAANC system, often within minutes. Only a Part 107 pilot can do that for a commercial flight. See the San Diego drone airspace guide.
A drone photo from an Alpine shoot with the lot lines added. The lines are a graphic, so the unmarked original is delivered with it.
Why does this matter to a listing agent?
You aren't the pilot, and the FAA holds the pilot responsible for the flight. It still matters to you in four ways.
Your listing uses the footage. If the flight was illegal, the marketing for your client’s home is built on it.
Enforcement is real. The FAA has pursued civil penalties for unauthorized commercial drone operations.
Insurance may not respond. A policy can exclude an unlicensed or unauthorized flight. If the drone hits a car, a roof, or a person, that is a bad time to find out.
Your broker and your seller will ask. "I didn’t check" is not an answer you want to give.
This is general information, not legal advice. Ask your broker how your brokerage’s policies and insurance treat drone vendors.
What insurance should a drone photographer carry?
The FAA doesn't require drone insurance. That is exactly why you should ask. Two things to look for:
Liability coverage that includes aviation or drone operations. A general business policy often excludes aircraft.
A certificate of insurance on request. Some brokerages, HOAs, and commercial property managers require one before a flight.
Ask the question directly: "Does your liability policy cover drone flights, and can you send a certificate?" A professional has the document ready.
How do I verify a pilot?
Ask to see their Remote Pilot Certificate. It is a card issued by the FAA with a certificate number
Every aerial flight we do is flown by an FAA Part 107 certified pilot. We check the airspace for the address when you book, request authorization where it is needed and available, and tell you before the shoot if a property can't be flown. We carry liability insurance that covers drone operations and can send a certificate.
Drone photos are included in all three of our packages where the airspace allows. Prices are on the pricing page, and aerial examples are in the portfolio.
Frequently asked questions
What is a Part 107 license?
It is the FAA Remote Pilot Certificate required to fly a drone for business in the United States. The pilot passes an aeronautical knowledge test and completes recurrent training every 24 months.
Does a real estate drone photographer need Part 107?
Yes. Flying a drone to market a property is commercial use, which requires a Part 107 certificate regardless of the drone’s size.
Is drone insurance required by the FAA?
No. The FAA does not require it, which is why agents should ask for proof of liability coverage that includes drone operations.
How can I check if a drone pilot is certified?
Ask to see the Remote Pilot Certificate and look the pilot up in the FAA’s public Airmen Inquiry database.
Who is liable if an unlicensed pilot flies my listing?
The pilot is responsible to the FAA for the flight, but the agent and seller who used an illegal flight can face consequences too, and insurance may not cover an accident. Ask your broker about your own exposure.
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