Yes. Real estate drone photography is commercial flying, so the pilot needs an FAA Remote Pilot Certificate under Part 107, and the drone must be registered for $5, even a 249 g Mini. That applies to a photographer hired by an agent and to an agent or broker flying over their own listing, because the photos support a business. There's no separate state "real estate drone license," but state privacy laws and local rules still apply.
What the pilot needs
- Part 107 certificate: pass the FAA knowledge test, apply in IACRA, and keep it current with free recurrent training every 24 months. See Part 107.
- Registered drone: every drone flown under Part 107 must be registered, regardless of weight.
- Remote ID: required for every drone that must be registered. Every DJI drone we sell at 250 g or more has it built in. A sub-250 g drone flown under Part 107 needs Remote ID too. DJI's firmware notes say sub-250 g Minis switch on US Remote ID automatically only with the Plus battery, so confirm yours is broadcasting or add a broadcast module. See Remote ID explained.
Agents and brokers flying their own listings
The FAA looks at the purpose of the flight. If the photos market a property you're paid to sell, the flight is commercial. Agents who want to fly their own listings should get Part 107 or hire a certified pilot. Brokerages often require proof of certification and insurance from anyone who flies for their listings.
Real estate drone photography rules
- Altitude: 400 ft above ground maximum. Most listing photos are taken far lower.
- Line of sight: you or a visual observer must see the drone at all times.
- Airspace: many neighborhoods sit inside controlled airspace near airports. Request authorization through LAANC before you fly; it's often approved in seconds.
- People and cars: Part 107 limits flying over people and moving vehicles. Shoot when the property is empty and avoid passing directly over neighbors or traffic. See flying over people.
- Privacy: many states have drone or privacy laws about filming people on neighboring property. Frame shots to avoid people in yards and windows. See drone privacy laws.
- Local limits: some cities and HOAs restrict takeoff and landing from parks and common areas. Launch from the listing itself with the owner's permission.
Insurance
The FAA doesn't require insurance, but most brokerages and many sellers expect $1 million in liability coverage before a pilot flies. See commercial drone insurance.
Penalties for skipping Part 107
The FAA can fine pilots who fly commercially without a certificate, and insurers can deny claims from an uncertified flight. It also puts the agent's brokerage at risk. More on what happens if you fly without a license.
A good first real estate drone
The DJI Mini 4 Pro weighs 249 g, shoots 48 MP stills and 4K/60 HDR video, and has omnidirectional obstacle sensing, which helps around roofs and trees. Under Part 107 you still register it.
Rules current as of October 2026. This is general information, not legal advice.
Turning it into a service? See how to start a real estate drone photography business.
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