Most agents don’t think about drone law until something goes wrong. Then they discover they hired a vendor without proper certification, the photos can’t be used legally, and the FAA can issue civil penalties to anyone who profited from the flight — including the listing agent. This is what you actually need to know.

I am writing this as an FAA Part 107 certified pilot. If your current vendor doesn’t have a Part 107 certificate, they’re flying illegally on every commercial job. You may have hired them not knowing this.

What Part 107 actually is

FAA Part 107 (technically 14 CFR Part 107) is the federal regulation that governs the commercial operation of small unmanned aircraft (drones under 55 lbs) in U.S. airspace. The certification is required by federal law for anyone using a drone to take photos or video as part of a paid service — including real estate photography.

To get certified, the pilot must pass a 60-question multiple-choice exam covering airspace, weather, regulations, emergency procedures, and aircraft performance. The exam costs $175 and is taken at an FAA-approved testing center. Pass rate is roughly 80% on first attempt. Renewal is required every 24 months.

What “commercial use” means in real estate

The FAA’s definition is broad. Any flight conducted in connection with a transaction or business is commercial. This includes:

  • Drone photos used in a listing on MLS, Zillow, Realtor.com
  • Drone video posted on a brokerage social media account
  • Drone shots used in print marketing or postcards
  • Even a single photo a friend ‘casually’ took if the listing benefits

If the drone footage exists to help sell a house, it’s commercial use. Recreational rules (which allow casual hobbyist flying without certification) do not apply.

Penalties for unlicensed commercial drone use

The FAA can issue civil penalties up to $32,666 per violation under current 2026 enforcement guidance. In practice, real estate violations result in fines of $1,100 to $5,500 per flight when the FAA chooses to enforce.

More importantly: the penalty can apply to anyone who caused, authorized, or benefited from the illegal flight. That includes the listing agent and the brokerage if it can be shown they knew or should have known the vendor wasn’t certified.

Beyond fines: the drone footage itself is technically ‘evidence of an unauthorized commercial flight’ and can be ordered removed from listings.

Where you can’t fly in South Florida

South Florida airspace is dense. There are six factors a Part 107 pilot must check before every flight:

1. Class B airspace (Miami International, Fort Lauderdale-Hollywood)

Both Miami (MIA) and Fort Lauderdale (FLL) operate Class B airspace, which covers roughly 30 miles in radius from the airport at altitudes up to 10,000 feet. Within this airspace, drone operations require specific FAA authorization via LAANC (Low Altitude Authorization and Notification Capability).

What this means for listings:

A Part 107 pilot can request LAANC authorization for most Class B flights through an app like Aloft — takes 30 seconds. An unlicensed pilot can’t request authorization at all.

2. Stadium TFRs (Temporary Flight Restrictions)

Major stadium events trigger a 3-nautical-mile TFR from one hour before to one hour after. Hard Rock Stadium in Miami Gardens, Inter Miami games — check before flying.

3. Coastal restrictions

The 3-mile coastal corridor is generally fine for drone work, but altitude is capped at 400 feet above ground level. Beach high-rise listings need careful altitude management to stay below 400’ AGL while still getting useful shots above the roof line.

4. Private property and HOAs

FAA regulates the airspace, not the property below. But state law (Florida Statute 934.50) prohibits drone surveillance of people without consent. And many HOAs prohibit drone overflight even with FAA authorization. Always check the HOA before shooting condo or country club listings.

How to verify your photographer is licensed

This is a 30-second check that every agent should do before hiring a drone vendor:

  1. Ask for their Remote Pilot Certificate number (looks like 4123456 with 7 digits)
  2. Verify at the FAA Airmen Inquiry: amsrvs.registry.faa.gov/airmeninquiry
  3. Confirm certificate is ‘Remote Pilot’ type and is current (not expired)
  4. Ask to see their drone registration (each drone over 0.55 lbs must be registered)

A legitimate Part 107 pilot will happily provide all of this. A vendor who hesitates or offers excuses is the one you don’t want flying over your listing.

Insurance: the other half of the answer

Part 107 is the legal floor. The next question: is the pilot insured? Drone liability insurance is cheap ($300–$600/year for $1M coverage) but maybe 60% of Part 107 pilots skip it.

If a drone falls and damages a roof, a car, or worst case a person, insurance pays. Without insurance, the photographer is personally liable — and if they’re judgment-proof, the listing agent and seller can be the deep pockets.

Always ask for a Certificate of Insurance (COI) before any drone shoot. Especially for luxury listings where damage to the property is a real risk.

What I bring to every shoot

For full transparency, here’s my Part 107 setup:

  • Active Part 107 Remote Pilot Certificate (verifiable via FAA Airmen Inquiry)
  • $1M drone liability insurance (COI available on request)
  • Two DJI drones, both registered with the FAA
  • LAANC authorization request capability for Class B operations
  • Pre-flight airspace check on every job, documented

This is the legal minimum I think any agent should expect from a commercial drone vendor. If a competitor charges less but skips one of these, you’re inheriting their liability.

Bottom line

Drone photography is one of the highest-leverage tools in real estate marketing. It’s also one of the most legally regulated. Verify your photographer is Part 107 certified and insured, and you eliminate 99% of the legal risk.

If you’re looking for a Part 107 certified photographer in South Florida, call me at (956) 596-2545. I’ll send you my certificate number and COI before the shoot.