Can Drone Aerial Photography For Real Estate Listings Violate FAA Rules?

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Real Estate Agent with Premiere Property Group,LLC Portland Metro & Suburbs Oregon
https://activerain.com/droplet/4kFV

Can Drone Aerial Photography For Real Estate Listings Violate FAA Rules?

Flying DroneLately I'm noticing a new trend to add to the listing agent's toolbox. I'm seeing more and more Aerial photograpy done by drones and I can say they are VERY cool! I'd LOVE to have these done for my sellers but am a tad bit worried though when it comes to a higher density area where a listing can't be isolated.

A recent Inman News article titled "FAA says Realtors who fly drones to shoot listing photos are not hobbyists "  goes on to say "In a notice interpreting the special rule governing model aircraft, the FAA explicitly stated that “a Realtor using a model aircraft to photograph a property that he is trying to sell and using the photos in the property’s real estate listing” is not engaged in a hobby or recreation.

Nor is “a person photographing a property or event and selling the photos to someone else. Realtors and other commercial drone operators "are subject to all existing FAA regulations, as well as future rule-making action,” the FAA said."

Where does NAR stand on this? From the article:

In April, the National Association of Realtors and nearly three dozen other groups sent a a letter to the FAA urging the agency to speed up its process for issuing rules that will govern the commercial use of drones.

In a statement, NAR said the trade group’s “policy experts are reviewing the notice closely and haven’t decided if we will submit a comment or not. We’ll also be discussing the notice with our coalition partners to see how/if we will respond together.”

NAR President Steve Brown said that while NAR “does not have an official policy on the use of drones at this time, the association recommends against members’ use of drones for real estate marketing purposes and against hiring companies to do the same until such time as the FAA issues regulations providing for the commercial use of unmanned aircraft.”

Are you using these do advertise your listings? I'm thinking if I had a listing that I could be isolated to not get any other homes in it where you aren't at risk of violating the privacy of neighbors, then OK. Otherwise, I'm gonna sit back and wait on this one!

What do you think of this? I'm thinking this is the new thing to come and a great way to give buyers a different view. Yes, there is google earth, but can you get the same effect? Who knows!

 

 

 

*Photo by By Peter van der Sluijs (Own work)

 

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Cindy Westfall ABR,GRI

Premiere Property Group,LLC

5000 Meadows Rd., Ste. 150, Lake Oswego, OR 97035

Cell: 503-819-5241      

E-Mail: cindy@cindywestfall.com

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 Cynthia Westfall is licensed in Oregon State

 

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Rainmaker
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Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Jay, I'm thinking that most companies will just let the independents hire on their own so they stay away from any liability for now. Until it becomes mainstream, then maybe they'll see a way to offer this perk to it's agents.

Jul 12, 2014 02:03 AM #3
Rainmaker
484,123
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Susan, It's great to get a perspective from a company that's actually providing these and are right on top of what's going on regulation wise. Glad to hear this is something you offer! I'd love to have these done for my floating home listings, but they are too close together. I'd love to see a link to one of your aerial tours.

Jul 12, 2014 02:16 AM #4
Rainer
32,988
Susan Harding, HomeStar Video Tours
Portland, OR
Showcasing You and Your Listings, 855-579-6284

Hey Cindy,  

Here's a couple of links to recent aerial video/tours that we did for a horse property and a luxury home. (Just click, or copy and paste into your browser to play.)

http://tinyurl.com/3651Concomly

http://tinyurl.com/6401Meridian

 

I do have a few clients who are using aerials on every listing, even if the homes are close together since it's really helping them to impress sellers and get new listings. But you have to be very careful not to fly over neighbors. So far, neighbors are just fascinated and we haven’t had any complaints, but of course, you definitely need to respect people’s privacy. Just let me know if you have other questions!

 

Jul 13, 2014 06:57 AM #5
Rainmaker
484,123
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Susan, they look wonderful! Love that yours has the voice over as well.

Jul 15, 2014 08:08 AM #6
Rainmaker
350,532
ReadySetLoan Condo Approval Team
ReadySetLoan Condo Team LLC - South Windsor, CT
The FHA/VA Condo Project Approval Specialists

This is very interesting Cindy.  It irritates me to no end how these little segments of the government overstep their designed function.  And for what??  TAXES.  Period.  If it's not "recreational" then it needs to be licensed which generates a revenue stream.  That's what this is about.  Nothing more.  Nothing less.

Jul 15, 2014 11:05 AM #7
Rainmaker
484,123
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Eric, I'm thinking drone usage by the public is coming into that gray area with more and more folks using it.  Doesn't everything boil down to taxes and revenue?

Jul 15, 2014 11:37 AM #8
Ambassador
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Cindy, I am not using these and don't have a property at this time that would benefit. But I can think of many instances where it would really enhance the marketing of a home.

Jul 15, 2014 01:02 PM #9
Rainmaker
484,123
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Debbie, I haven't started using them "yet" either but I'm seeing more and more agents starting to use them. For rural property, I think their fantastic, but thinking it might just annoy neighbors in a more urban setting.

Jul 15, 2014 11:46 PM #10
Rainmaker
727,118
Andrea Bedard
Thompson Company, REALTORS® - Silver Spring, MD
M.A.; REALTOR® Silver Spring, MD and beyond

I love it! Buyers buy with the eye. Especially for relocation clients this is an awesome tool. I would totally hire a company for some of my listings (don't think I could find the time to figure this out myself) but only after its use has been approved. I play by the rules ..

Interesting point about neighbors in urban settings, I hadn't thought about that but that may just be another gray area. Would I want my house and yard (and personal belongings in the latter) on my neighbor's listing video? Most definitely not.

Jul 16, 2014 01:47 AM #11
Rainmaker
745,111
Rob D. Shepherd
Windermere/lane county - Florence, OR
Principal Broker GRI, SRES

Someone here offers that sevice and some agents are using it. I am not sold on it yet.

Jul 17, 2014 10:40 PM #12
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Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

Cindy, we aren't seeing this technology being used at all in our area which makes me want to jump on the band wagon before others. I contact the City of Franklin and they don't currently have any ordinances against the use of drones. I have actually seen on upclose during a demonstration. I have to admit, they are pretty cool.

Aug 01, 2014 04:13 PM #13
Rainmaker
484,123
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Tammie, Definately check this out for your business. I've been seeing these offered here in Portland more and more and they really do give the home buyer a great perspective of what is around the property and from angles that you just can't get with regular photography and video.

Aug 04, 2014 11:25 PM #14
Anonymous
Fervil

Thanks to this blog Cindy! It really clarifies me about FAA Rules. To fly a drones (UAVs) can result to a debate on is it legal or not. But if it's used in legal actions and for aerial photography & video, i guess this cant violate any of the rules as long as it's not used in spying or spectating private properties. Aerial photography contributes a lot in any legal types of businesses nowadays. Thanks for the clarifications Cindy! God bless you.


Fervil - Precision Hakk

Aug 20, 2014 03:58 PM #15
Anonymous
Fervil

Thanks to this blog Cindy! It really clarifies me about FAA Rules. To fly a drones (UAVs) can result to a debate on is it legal or not. But if it's used in legal actions and for aerial photography & video, i guess this cant violate any of the rules as long as it's not used in spying or spectating private properties. Aerial photography contributes a lot in any legal types of businesses nowadays. Thanks for the clarifications Cindy! God bless you.

Fervil - Precision Hawk

Aug 20, 2014 03:59 PM #16
Rainmaker
3,838,865
Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.750.6899 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

Good morning Cindy,

Thanks for the clarifications! Timely topic and one we all need to be well versed on as the aerial pictures gain in popularity!

Sep 05, 2014 11:20 PM #17
Rainmaker
863,796
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Cindy,

We have serveral properties in mind where aerial photography would be very useful. The NAR should issue a ruling to give realtors a guideline as to what they can do in coordination with the FAA.

Sep 06, 2014 05:54 AM #18
Ambassador
1,345,231
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-755-2905

Cindy, jury's still out? I have a seller who has a friend with a drone...he mentioned it as a possibility. Now, for me, it'd be kinda nice to experiment--without a charge--and see what it really looks like out here in my slice of paradise. 

 

Sep 14, 2014 06:28 AM #19
Rainmaker
1,728,966
Sam Miller
RE/MAX Stars Realty - Howard, OH
Knox County Ohio Real Estate Specialist

Cindy, Your blog brings up a great question but one that is frustrating due to the FAA not using some common sense.  When a school kid is ok to fly a drone but it is not ok for commercial purposes...something is wrong with this decision.

Oct 18, 2014 10:49 PM #20
Rainmaker
3,053,914
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

 I noticed that one of the commenters on this post who owns a real estate photography company states that they use aerial video in their comment, but this does not appear on their website.  I think the use of aerial video enhances the listing - but - at this time, it's still not "legal" to use it.  See:

 

http://www.realtor.org/field-guides/field-guide-to-drones-and-real-estate

 

and

 

http://realtormag.realtor.org/daily-news/2014/07/14/brokerage-giant-warns-agents-against-drones

 

and

 

http://www.digitaltrends.com/photography/faa-flexes-muscle-drone-photography-time-realtors/

Dec 16, 2014 10:23 PM #21
Rainmaker
139,897
Paul Viau
Nova Scotia Real Estate Blog - Halifax, NS
Nova Scotia Real Estate Blog + Photo Services

In Canada we have more leeway it seems . Especially for drones and a payload (such as a gopro) under 2KG . (About 4,4 lbs) All that is required is insurance of $100,000 for personal liability and then there is a whole list of dont's. Including a cap of 300 ft altitude. 

Oct 09, 2015 10:44 AM #22
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ABR,GRI Your Tualatin & Portland Metro Real Estate
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