Why Every Real Estate Professional Should Hire a FAA Part 107 Certified Drone Pilot

In today’s real estate industry, aerial imagery provides a competitive edge. High-quality drone photos and videos highlight property features, enhance marketing materials, and attract more qualified buyers.
But there is a critical—and legally binding—requirement underpinning all commercial drone operations in the United States: any person flying a drone for business use must hold an FAA Part 107 Remote Pilot Certificate.

Real estate photography is considered a commercial activity. Therefore, every agent, brokerage, and drone operator involved must ensure compliance with FAA regulations.

What Is a Part 107 Pilot and Why Does It Matter?

A Part 107 certified remote pilot has passed the FAA’s aeronautical knowledge exam and is authorized to fly drones for commercial purposes. This certification ensures pilots understand:

• Airspace rules

• Flight safety

• Weather impacts

• Emergency procedures

• Operational limitations

• Compliance requirements

In real estate—where properties often sit near airports, heliports, highways, or populated neighborhoods—this knowledge is essential.

Why Real Estate Listings Require a Part 107 Pilot

1. Federal Law Requires It

Any drone flight performed in exchange for money or business benefit triggers Part 107 requirements. A real estate listing, a promotional video, or even a social media post advertising a home is legally “commercial use.”

Even if an agent uses a friend or family member “as a favor,” the FAA still considers the agent the beneficiary of a commercial flight.

2. Safety and Risk Reduction

Certified pilots are trained to avoid:

• Airspace violations

• Dangerous flight paths

• Weather-related hazards

• Obstacles such as trees, wires, roofs, and vehicles

An uncertified operator does not have this required safety training.

3. Professional Standards and Liability Protection

Part 107 pilots typically carry:

• Drone liability insurance

• Operational procedures

• Airspace authorization documentation

Uncertified operators typically carry none of these protections.

What Could Happen If a Real Estate Agent Uses a Non-107 Drone Operator?

The consequences can be significant—and they affect the agent, the brokerage, and the unlicensed pilot.

1. FAA Penalties for the Agent and Brokerage

The FAA has the authority to issue fines for:

• Hiring a non-certified drone operator

• Allowing illegal commercial drone flights

• Benefiting from prohibited operations

Penalties often range from $1,100 to $30,000+ per violation, depending on severity and whether airspace violations occurred.

2. Broker Liability and Insurance Problems

Real estate brokerages are responsible for the conduct of their agents.
If an illegal drone flight results in:

• Property damage

• Injury

• A drone crash

• Airspace interference

…insurance providers may deny the claim, and the brokerage may face legal and regulatory repercussions.

3. Listing or MLS Violations

Many MLS boards require all aerial imagery to be obtained legally. If the footage comes from an unlicensed operator, the MLS may:

• Remove the listing

• Issue sanctions

• Suspend the agent’s MLS privileges

What Could Happen to the Non-Certified “Pilot”?

Using the term “pilot” loosely here, because legally a drone operator is not considered a pilot unless they hold a Part 107 certification.
A non-certified operator performing real estate or any commercial drone work can face the following:

1. FAA Civil Penalties Against the Operator

The FAA can fine the unlicensed operator individually for:

• Conducting unauthorized commercial drone flights

• Flying in controlled or restricted airspace

• Operating unsafely or negligently

• Violating operational rules

These fines can be substantial—thousands to tens of thousands of dollars, depending on violations.

2. Confiscation of Drone Records and Equipment

If the illegal operation is severe, the FAA may:

• Request flight logs

• Investigate equipment

• Issue cease-and-desist orders

• Restrict future drone use
  
  

3. Personal Liability for Damage or Injury

If a drone flown by an unlicensed operator causes damage or injures someone:

• The operator can be held personally liable

• Their homeowner’s insurance (should the drone crash into said house) will almost always deny coverage, because the flight was commercial, however, drone pilot was NOT part 107.

• They may face civil lawsuits for damages
  
  

4. Potential Criminal Liability (in Extreme Cases)

While rare, reckless or negligent drone operations that endanger aircraft or people can rise to the level of:

• Criminal charges

• Violations under federal aviation statutes

This typically applies to flights near airports, highways, or crowds—locations real estate operators sometimes encounter unknowingly.

Why Working With a Part 107 Pilot Is Worth It

Hiring a certified drone pilot ensures:

• Legal compliance

• Safety best practices

• Airspace verification

• Professional-quality results

• Liability protection

• Consistent, repeatable workflows

For a property worth hundreds of thousands, or millions, of dollars, the marginal cost of using a certified professional is insignificant compared to the risk of using an unlicensed operator.

Conclusion

Drone imagery is one of the most powerful marketing tools in real estate, but it must be performed legally and safely. Real estate agents who hire uncertified operators expose themselves, their clients, and their brokerages to unnecessary risk.

Working with a Part 107 certified pilot ensures:

• Compliance with federal law

• Protection from fines and liability

• Safer operations around homes, people, and public areas

• Professional-standard deliverables that elevate listings

In a competitive market, professionalism matters. And hiring a certified Part 107 pilot is the safest, most reliable, and legally responsible choice.

What Counts as “Commercial” Drone Work (FAA’s Official Rule)

The FAA defines commercial or business use of a drone as:

“Any operation of a small unmanned aircraft where the purpose — directly or indirectly — is to further a business, trade, or income-generating activity, or to provide a service that has economic value.”

In other words:

If the flight helps you (or your client) make money, save money, or market something, it’s commercial.

Real-Estate-Specific Examples (2025 FAA Enforcement View)

The One-Line Rule Every Real-Estate Agent Needs to Memorize

If the photos or video will ever be used to help sell a house, rent a property, or promote your real-estate brand — even indirectly — it is 100 % commercial and requires a Part 107 Remote Pilot Certificate.

That’s the line the FAA has repeated in every real-estate drone enforcement case since 2016. No gray area, no “but it was just one photo” defense.

Real Estate Drone Services - Frequently Asked Questions (FAQ)

Q: Why does a real estate agent need a Part 107 certified drone pilot?

A: Federal law requires that any drone flight used for business—such as marketing a property—must be conducted by a Part 107 certified remote pilot. This ensures compliance with FAA regulations, airspace rules, and safety standards.

Q: What is a Part 107 certification?

A: A Part 107 Remote Pilot Certificate is issued by the FAA after a pilot passes an aeronautical knowledge exam. It authorizes the holder to perform commercial drone operations, including real estate photography.

Q: Can a real estate agent use a friend or hobbyist to fly a drone?

A: No. Even if the operator is “helping” or not being paid, the flight is considered commercial if it benefits the listing. The agent and brokerage can be fined for using an uncertified operator.

Q: What are the potential consequences for real estate agents who use a non-107 drone operator?

A: Agents and brokerages may face:

• FAA fines ranging from $1,100 to $30,000+ per violation

• Liability if property damage or injuries occur

• Denied insurance claims

• MLS sanctions or listing removal

Q: What could happen to the non-licensed drone operator?

A: The operator can face significant consequences, including:

• FAA civil penalties for illegal commercial flights

• Fines that may reach thousands to tens of thousands of dollars

• Personal liability for damage or injury (insurance will not cover it)

• Loss of equipment or FAA investigations in severe cases

Q: Why does using a certified Part 107 pilot improve safety?

A: Certified pilots are trained in:

• Airspace navigation

• Weather risk management

• Safe distances from structures, people, and vehicles

• Emergency procedures - This dramatically reduces risk compared to an uncertified hobbyist.
  
  

Q: Are drones used in real estate considered “commercial use”?

A: Yes. Any photos, videos, or aerial imagery used to advertise or market a property count as commercial use under FAA rules.

Q: Can a real estate agent be held liable if a drone crashes during a listing shoot?

A: Yes. If the pilot was unlicensed, the agent and brokerage may be responsible for damages. Insurance companies often deny claims when an uncertified operator is involved.

Q: Why should I hire a professional drone pilot instead of flying a drone myself?

A: Professional pilots offer:

• FAA-compliant operations

• Insurance protection

• Expertise navigating airspace and obstacles

• Professional-quality photos and video

• Reduced legal and safety risk - DIY flights expose the agent to significant liability and fines.

Q: Is drone imagery really worth it for real estate?

A: Yes. Aerial visuals can highlight property features, demonstrate land layout, showcase neighborhoods, and improve listing engagement. Properties with drone media often sell faster and receive more online views.

Q: What should I look for when hiring a drone pilot?

A: Verify:

1. FAA Part 107 certification

2. Proof of insurance

3. Professional portfolio

4. Experience with real estate properties

5. Knowledge of airspace and any required authorizations

Q: What if the property is near an airport or controlled airspace?

A: A Part 107 pilot can obtain FAA authorization to fly legally.
A hobbyist or unlicensed operator cannot, and flying near controlled airspace without approval can lead to severe FAA enforcement actions.

Q: Can a licensed pilot still be fined if they break FAA rules?

A: Yes. Even certified pilots must follow Part 107 regulations. Compliance is continuous and expected.

Q: Why is a certified pilot’s insurance important?

A: If an accident occurs, certified pilots typically carry liability insurance that covers property damage or injury. Unlicensed operators rarely have proper coverage, leaving the client exposed.