While you may have the right to fly your drone over private property, you may want to avoid doing so.
Drones can be used for many things – from surveying to photography – but they can also bring up some unexpected legal issues if flown without regard for the rights of others.
In this post, we will look at the legality of flying drones over private property, as well as the potential consequences of violating the airspace of these areas.
Drone Law In The UK
Drones used to be a science-fiction concept, but they have become a reality with advancements in technology. Usually, people associate the term “drone” with any form of UAV or RPAS seen in the sky. Furthermore, drones do not have the pilot “on-board,” which makes setting laws difficult.
Earlier, there was no law enforcement regarding drones in the UK. However, since the popularity rose, the safety factor concerning people did too.
Drones are legal to fly in the UK if the people responsible adhere to the rules and regulations. Even so, they are a fairly new concept for the Government to grasp. Therefore, the requirements are evolving every day.
The CAA offers guidance on drone flying for both commercial or private usage.
Pilots will require a formal certification to avoid any legal problems. Also, a 25 kgs drone will need a permit to be functional. Whereas a drone weighing less needs to be flown at the height of 120 meters. Before you start flying your drone, you should consider observing the privacy laws and follow all the permission requirements from that area.
Drone Regulations in the UK Explained
Based on the olden British Common Law, there was a notion of property ownership of the land’s aerospace. It meant that the location of the landowner’s house determines a claim over everything in the sky and under the ground.
The laws have evolved from those days, and the CAA has enforced new rules based on Articles 95 and 94.
Based on these rules, an operator has to follow the airspace regulations as follows:
- Safety comes first – You are only allowed to fly a drone if it does not jeopardize people’s safety
- Aircraft visual – As a pilot, you need to have continuous contact with your drone visually and through control
- Property requirements – An operator cannot breach the restricted airspace or fly above 400 feet from the ground (120 meters)
- Great camera drone laws – Drones with cameras installed cannot be flown within 150 meters of populated areas or property (Recreational, industrial, residential and commercial)
Along with these, the Civil Aviation Authority (CAA) also forbids operators to fly their camera drones within 150 meters of any team of 1000 people. In fact, it is illegal to land or fly your drone near vehicles (50 meters) that you do not own.
UK Drone Laws: The Flying Basics
According to the UK drone code, there are some basic regulations that a pilot needs to understand before flying a drone. Due to the technical development involving different types of drones present in the country, the rules vary.
However, there is a common ground that all responsible flyers must abide by:
- It would be best if you always had visuals everywhere you fly your drone
- The local law enforcement will be called if your drone is higher than 120 meters
- Flying closer than 50 meters to unowned cars will lead to legal problems
- Landowners’ permission is needed if you want to fly around buildings
- When in a park, ensure that it is 50 to 150 meters away from people
- Camera operated drones require an Operator ID
As a drone owner, these are the safety regulations that you need to follow every time you are airborne.
Registering your drone is the most crucial step towards acquiring all the permission requirements. So, people who wish to let their drone fly without interference with law enforcement officials must:
- Pass the theory exam to acquire the Flyer ID
- Then, they are eligible to apply or register for the Operator ID
In addition, the government introduced some airspace restrictions for any drone operator in the country. As of March 2019, the airfield restrictions near airport zones changed. So, you cannot fly near any Aerodrome Traffic Zone or Runway Protection Zones.
The Type Of Drone Flying In The UK
You can fly your drone in areas that are not restricted by airspace throughout the UK. However, as mentioned earlier, there are some enforcement limitations that any pilot of an un-crewed aircraft should follow.
Usually, the CAA classifies drone flights based on “risk level” and day/night variables. The three categories in which a drone’s flight is considered are:
- Open category – Low-risk factor as pilots are drone enthusiasts, flying it for commercial or recreational purposes. (Subcategory of A1, A2, and A3)
- Specific category – Complex as the drone operator uses model aircraft under authorizations for commercial use
- Certified category – Extremely complex as they fall under the same operation as any other crew-based aviation
The Consequences Of Not Adhering To The UK Drone Laws
In a situation where you fail to adhere to the general FAA laws, the consequences can even land you in federal prison. Any operator who is not being respectful to the drone laws will have the following impact:
- Reckless flying – You can have serious battery charges in civil or criminal sanctions if you hit people
- Property damage – In case your drone crashes into people’s private property, you are liable for criminal charges for damage
- Negligible flying – Without good airspace piloting, you are liable to compensate or face charges if a victor has property or personal injury
- Trespassing – If any drone operator flies their device into someone’s property without landowner permission, they will have nuisance or trespassing charges
- Camera drones – You will be liable to adhere to the General Data Protection Act if your drone captures footage without meeting permission requirements
- Endangering Aircraft – You are eligible for a 7-year prison sentence if you come in the VLOS of any aircraft and endanger its safety
The police have had an increase in power regarding landing, seizing, and inspecting drones. It was possible due to the new legislation making ground-breaking regulations for traffic management and drones. Furthermore, drone owners now fall under the “stop and search” position if they fly in restricted areas.
Some spot fines for not showing Flyer or Operator ID do not have an affordable price tag as it can range up to 1,000 pounds. If you are caught flying over someone’s house without the landowner’s permission, you can also be taken to jail on charges of neglect and trespassing.
The Right Way To Fly A Drone In The UK
After you adhere to all the rules and regulations, there are some useful tools that you can download as a pilot:
- NATS Drone Assist (Legal) – This app will use GPS to help you locate the current position or plan the location to guide you legally. Moreover, it will tell you about restricted areas (NOTAMs), governing rules for airspace, and potential ground hazards
- UAV Forecast (Safety) – In its essence, this is a weather app that aims at helping drone pilots to fly their devices safely. Furthermore, it will predict weather conditions in the location
Have you installed these useful apps on your phone? Now, you can adhere to all the height, location, and property restrictions while flying a drone:
Always Fly Below 400 Feet
The legal height for pilots to fly a drone is up to 400 feet in the UK. It reduces the risk of collision with other aircraft in the VLOS. Consequently, the 400 feet rule applies from the ground you are standing on (closest point on earth) to the sky on a hill.
Always Stay Beyond 50 Meters Around People
The minimum horizontal distance from people in buildings, cars, trains, boats, and lorries to your drone should always be 50 meters. Moreover, this space is a restricted no-fly zone for pilots as it is the legal limit. Even so, if you have a big group with you, then it is plausible to fly closer.
Below Or Above 250 Grams
The below 250 grams in a drone requires a minimum distance of 50 meters from people. However, anything ranging under 500 grams can fly closer, but only if it does not intentionally harm the crowd.
Stay Away From Crowds
Responsible flyers will invoke safe flying by avoiding harsh weather conditions and keeping the speed minimum. In addition, you cannot fly your drone above crowded gatherings of 1000 people or more. So, it would be best to keep a safe distance from that no-fly zone.
Restricted Areas
Some recreational, property, commercial, or industrial areas will require permission before using the airspace. If you do not have that, it would be wise to keep at least 150 meters distance to ensure that the drone does not wander into the restricted area.
Animal Rights
According to animal rights organizations, you cannot fly near wildlife or animals to endanger their lives. So, it would be a good idea to keep your drone flying near the hills or any park.
Night Flying
You will need a PFCO if you want to fly your drone legally at night. Therefore, the CAA will give you a night rating and a permit to fly your drone without worries. Indeed, you will need to have the legal Operator ID on you at all times.
The Final Thoughts On Flying Drones Over Residential Areas
As you can see, a pilot can fly a drone with permission and adherence to the airspace laws.
In addition, you can follow the drone manufacturer’s instructions to keep your adventures satisfied and safe. Moreover, dropping an object from the drone is illegal.
You cannot let your drone fly over restricted areas without getting owner permission requirements. At the same time, staying 400 feet above ground is legal, and so is staying 50 meters away from a crowd of people. You should maintain an equal horizontal and vertical distance from any restricted locations.
You can adhere to the law enforcement on UK’s drone rules to stay away from legal problems. So, you cannot create any nuisance or hamper the lives of anyone in public, private, commercial, or residential areas.
The responsibilities lie with you to refrain from getting any criminal prosecution!
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