Can You Fly Drones Over My House? Reply to The Times Reader Letter - Geeksvana!

Hey everyone! Recently, a letter to The Times caught my eye and I thought it was a bit of a hot topic at the moment. Can you fly drones over my house? Is a question many more members of the public are starting to ask. In this video, we take a look at the reply received from The Times chosen expert, a leading UK lawyer from the highly successful firm Russell Cooke. I give my opinion on the advice given as well as pose the question to you, our audience. Let us know your thoughts on this story in the comments below!
Link to the original story: www.thetimes.co.uk/article/ho...
Link to Russell Cooke: www.russell-cooke.co.uk/
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[@buzz4175]

What is concerning is the fact that Ed Cracknell sees drones as an "emerging threat" as he states in his closing sentence.

[@Altair885]

That's the mentality of these people, they put an emphasis on things like this being a 'threat' so that it requires more legislation, and of course for solicitors that means more profit, it's the whole reason nobody can do anything in this country anymore without worrying about litigation.

[@Geeksvana]

Hey Buzz! Concerning way to end the sentence. It is of course tailored towards the questions mood but you would hope for more balanced reasoning.

[@robba1234]

@@Altair885 Yes let's put more badly written laws in place, Nice juicy knee jerk ones, with just enough wiggle room so the police and prosecuted for no reason other than points make prizes ( they are so well-liked for doing this already)

[@RandomNameTitle]

What's even more concerning is that a solicitor, whose main job , let's face it, is twisting words, doesn't know the difference between 'led' and 'lead' 🤦‍♂️

[@robba1234]

@@RandomNameTitle Don't get me started, 4 days arguing the deference a comma over a full stop,. 😂

[@gisstudents1098]

I live in the United States and have been Part 107 certified for 4 years (I do photogrammetry 3D aerial mapping for scientific research as part of my job). The Federal Aviation Administration has exclusive sovereignty of "navigable airspace" which extends from the ground up to an altitude of approximately 60,000 feet MSL (the upper limit of Class A airspace). Drones are registered aircraft and have a right of transit through the national airspace system. Private individuals do not own the airspace above their land--nor can they forbid a plane, helicopter, or "drone" to cross above their property (Anymore than they can forbid cars not to drive in front of their house on a public road). Like any technology--I openly acknowledge it can be used for "good" or "bad." However, cell phones and telephoto lens cameras actually pose greater risk for "spying" activity (But we don't ban them--because the perceived "good" of a camera built into your phone and the ability to take outstanding wildlife photos from at distance outweighs the perceived "bad"). If you aren't doing anything illegal, what is there to hide in your backyard anyway? Google Earth takes detailed satellite images of your house and yard which anybody can freely access, but I don't see anyone freaking out about that? Yet, if they see a drone 1 mile away--some folks automatically jump the conclusion it is spying on them (even though most drones have wide angle, non-zooming lenses which makes people on the ground look like ants). Drones have many commercial uses and benefits--including roof inspections, real-estate photography, aerial mapping, aerial delivery, etc. On the other hand, I have heard stories of people who are bored flying their drone into their neighbor's yards (just to see what's going on--or perhaps to annoy people intentionally). This type of behavior is irresponsible and could definitely qualify as invasion of privacy. Also, privately owned drones have landed on football fields during a live game and halted the play (which is illegal). I don't believe this makes drones inherently "bad"--it is just a camera after all. Don't blame the object--it is the responsibility of the pilot to fly appropriately and considerately. However, it is a federal crime to shoot a drone out of the sky in the United States (although people have done so and nobody has been prosecuted to my knowledge). Still, I would be very dismayed if I was taking a peaceful drone picture of the sunset and a random hillbilly shot my $1500 drone out of the sky! You would never shoot the camera out of the hand of a photographer! Drones are not hurting anybody. If there's a security issue, I would report it to the police. Drone activity could be slightly annoying, but is harmless 99% of the time in my opinion.

[@chrishanscomb8456]

I have an Air 2s and a mini2 and have started a project of taking pictures from all around the village from now 'til august next year and then produce a charity calendar for 2022. My pictures are free as I have no commercial license. I've posted the approx 24 I've taken so far on the community Facebook page. I've received overwhelming support from the village with an increasing number requesting pictures of their house (mini 2). The local infant school asked for a picture to show prospective parents. The local pub has one on the wall and the community Facebook page has an overview of the village. I daren't visit the pub because I wouldn't be able to walk home. As you said, height is critical. I average 300+feet for the village shots. Informing as many people as possible before starting helped defuse any misunderstandings. I've just subscribed to get more of your excellent videos. Thank you

[@jamesmclaughlin-northcoast2171]

My interpretation is that yes you can fly directly over someone's house as long to get to the destination. You can also include their house/land as long as everything in the picture/video does not compromise on there privacy

[@stevew179]

Agree, the view you would see is publicly available on Google earth or even street view if your flying a bit low.

[@flyingthroughhistory7211]

Yes, I've often come across Facebook groups for village residents where people are asking about drones and others have said to shoot them down. I've had to point out the consequences of such action.

[@Jonathantuba]

I usually fly a minimum of 60 metres over residential properties, as at that height the Mini 2 can hardly be heard, unless it is very quiet surroundings. I do often film steam trains and might be hovering awaiting one to come, but in that case the camera will be pointing at railway line ready and usually I do such out in the countryside. I would not hover over a garden

[@daveys]

Interesting topic, thanks for posting.

[@fearlessleader1436]

It’s funny how people see drone pilots. I am a photographer who basically shoots landscape and occasional real estate. Aerial photography is a natural progression into the field. Only one party objected to my drone and asked me not fly over his property. To be fair, I was hovering to one side of his property at about 125 feet shooting away from his house at boats sailing thru a canal. This particular drone was noisy, and I can understand his concern. Anyway he said I could not fly over his property, According to FAA rules I can, (I am a licensed pilot) but I don’t want to disturb the peace so I will fly higher and use a less noisy drone. Other than that I am within my rights in this situation. Basically we are flying photographers, shooting at the ground with a birds eye view, not peeping toms looking to leer into people’s backyards.

[@jeromerobinson7064]

People need to realize that there property line is on the land you own and to the top of your house outside of that there is no owership of air space that no ones owns, because airplanes and helicopters fly over houses every day, now I do agree with on how people use there drones to incriminate themselves when it comes to spying, hover over a house for different reasons and etc besides of flying for recreational uses, but as to flying over a house is basically the same as driving pass a house which its in public view, as I say no one owns air space and you own what's you pay for and that doesn't include air space.

[@zoneqyl]

I was watching this Video because this guy who lives in the Area where I live has a Drone, and keeps flying over People's Houses in the Neighbour Hood and flying quite low down potentially being Nosey and looking inside. I've also seen him flying extremely low on the Roads where Cars are to be seen.

[@c849243]

Thanks!

[@Matbug1812]

In the USA where there is no solid privacy laws I keep at least 100ft (30m) over neighboring houses and try not to hover too long, just to be respectful. I've never had an issue....yet.

[@kayberry6292]

Zooming past at max speed is likely to increase audio disturbance on the ground so I would have thought slow and quiet is the most considerate way to overfly someone's property.

[@cryptosteve5377]

Last time I flew over someones property. I took a photograph printed it out and gave it too the owner. He was extremely happy.

[@Geeksvana]

Hey Steve! That's awesome, thanks for sharing the positive story!

[@rubinhodrone9204]

Boa Noite amigo Passando para prestigiar aquele super like 🤜🤛✌👍

[@thedroningoflife]

I fly over houses to some destinations but I'm at least 50 metres up and not hovering over properties, at a good height you can't identify people so if asked by anyone I'm happy to prove that. We sometimes have to overfly but doing within the drone code and safety is paramount

[@MrHitman1966]

Great video - as per your video I never fly over and hover over property - I have my subject I’m filming / photographing and that’s what I’m interested in - if I ever do catch footage that I have inadvertently caught that may infringe privacy it’s edited out and deleted - I recently did a job where I was asked to film a business property 500 metres away but refused as I didn’t have the land owners permission - I feel when operated properly drones are marvellous things - there will always be “The plonker” who flaunts the rules

[@Geeksvana]

Hey Chris! Thanks for taking the time to comment and share your thoughts and experience on this, sounds like you have it well covered.

[@tonysvideos1]

Thanks for addressing that issue. It seems that innocent drone operators are having to put up with even more obstacles by people that don't know the law. Let's hope that the few wrong doers that operate drones don't ruin the hobby for the rest of us that are sensible and respectful. You have a great channel that's very informative 👍 Thanks and keep up the great work 😀

[@Geeksvana]

Thank you Tony, appreciate the kind feedback.

[@tonysvideos1]

@@Geeksvana My pleasure 👍😀

[@gregb49]

I've been watching drone videos from Cornwall and am concerned that the operators are not obeying CAP722, flying long distances way out of VLOS and also close to holidaymakers. As you suggest, a few wrong doers can cause problems for the rest of us.

[@wallygargett1180]

Excellent information

[@MrGazhay]

Interesting one this! Have you got a video on who advises the CAA / UK drone law makers. Do they consult actual drone pilots / hobbyists / BMFA etc? Be interesting to see who’s advising who and who has the influence UK wise.

[@Geeksvana]

Hey Quadygaz! We will have some content focused on this very soon actually!

[@cyberherbalist]

I've been avoiding flying over residential areas in any case, but since my interest is mainly out in the countryside that's no loss. But I recently got a DJI Mini 2 so that I _could_ fly over built-up areas in order to get to the countryside. I am currently engaged in a personal project to fly over and video a local river (the River Adur in West Sussex if anyone is curious) from it's mouth on the channel all the way up both its branches to the north. Mostly it flows through the countryside, but at one point it flows between Upper Beeding and Bramber villages. So instead of my Hubsan Zino 2+ I flew that leg with my Mini 2. And right at that point I passed over a couple of houses on the side of the river -- but did it at 100m, so I doubt anyone noticed it. I put the first few legs into a video, found here --> kzbin.info/www/bejne/iJzLn3aNZc9rh6s

[@Geeksvana]

Your flight seems more than reasonable to me. No way to identify people and you didn't hover or point camera at anyone. Nice video by the way.

[@cyberherbalist]

@@Geeksvana Thanks!

[@grumblewoof4721]

I've watched the video again, as far as I know these are my answers to Kat of Suffolk's 3 questions: 1) You don't have rights over the drone above your property, same as councils don't own the airspace above their parks. As Sean points out you can't order a helicopter or airplane not to fly over your property, ask the Queen in Windsor Castle with Heathrow flight paths, God knows she's tried poor dear. If however, the noise is a nuisance or the drone is in your face and presents a safety concern for humans and animals you could report it to the Police as there is probably a law that is being violated. Although, have you ever tried to stop your neighbour playing loud music, practicing their drum solo's at 3am or asking that they stop their dogs barking ? Will the Police respond ? Unlikely. The drone will probably have returned to home, which could be a mile away after 30 mins battery, well before they get there. If it is a Mini 2 then the flyer has more rights than Kat of Suffork, besides it is almost silent at 400 ft. 2) If she feels it is spying on her repeatedly, not just flying over on its way to somewhere else, she could ask the police to investigate and I guess if it's a slow week they could try to locate the flyer and examine the footage. Again it would have to be a very slow week, like no mass murders at the village fate. As far as drones like the Mini 2 taking video and stills, it is what it does, it wouldn't exist if it couldn't. The GDPR covers that but not many people know what is and isn't allowed under it. If the footage is not published on Instagram or KZbin and people look like ants then there is not much Kat of Suffork can do. 3) No.

[@Geeksvana]

Hey G Wal! Exactly! There is a lot of protection already in place to protect Kat.

[@keithwilson7358]

Some people have this mis conception that drone operators are only out to capture their private lives strange really as I’m sure the vast amount have zero interest in filming them I’m sure if the operators were that bothered they would revert to a camcorder with a great zoom and stealth antics I have had one instance when I was approached by a man and his wife asking why I was filming them with my p4 I explained you can see the drone but you cannot see what the camera is looking at so I showed them the footage of the mist rising off the hills and then both apologised to me walked away saying the footage was fantastic, I feel the public jump to conclusions and need that little bit of education

[@MikeOxlong948]

Sadly some people see a drone in the sky at assume they are being looked at and spied on, most of the time if a drone is moving the likelihood of the operator specifically looking at someone or their property is low and people need to understand that life doesn’t revolve around them and most people don’t care what you are doing

[@garybrindle6715]

Good comment and sums up why reactions can be so confrontational

[@kalpat5753]

I too was recently faced with this situation whilst filming a local church (with permission from the vicar) and a male threatened to shoot down the drone if I flew over his property. Apart from the obvious offences that he would face by doing so he and many other members of the public believe that the drone operator is filming as long as the drone is flying. I have ne desire to fill my SD card with other than what I intend filming and his back garden or anyone else's are of zero interest to me, but stil people think their property and they are somehow interesting.

[@peterspeight5384]

Hi Sean - very interesting and topical. I have taken a lot of 360 panoramas, particularly for local history and nature conservation groups. Many have been published on their websites as high-resolution virtual tours. Recently I took one from 60m above a new nature reserve and 130m from the edge of the village (Air 2S with A2CofC). Most people love exploring these interactive panos and zooming in on their houses, but one wrote to the group: "One thing that concerns me though is the virtual tour. This shows an incredibly detailed aerial view of the estate and neighbouring ones. Zooming in, you can see right into many of the houses, back gardens and driveways. Now I realise that this isn’t live footage but my concern is that this will serve to increase the risk of burglaries in the area with thieves targeting the estate and using the footage to plan their attack and escape. I request that you update the footage with the houses digitally obscured. Thank you." No people were visible let alone identifiable! I did pixellate the houses to keep the the reserve's neighbours happy. What's your view of this comment? I have read that some farmers are concerned about drones being used to plan livestock or equipment theft. Do you think we need to be sensitive to concerns that shared drone footage could be used for nefarious purposes? (Google satellite images are obviously more widely available, but lower resolution.)

[@badgerbalti]

In a number of country villages around Shropshire Drones have been used in areas which have been heavilty targetted at the same time with burglaries so there seems to be a correlation there. I've you've had a look at Bing Maps "birds eye view" (right click on the map to see the option) though, the detail there is astounding in many places as it's often been shot by planes flying fairly low with good quality cameras so I doubt responsible drone operators are going to give much more away in terms of detail.

[@Geeksvana]

Interesting issue but there is nothing more the criminal would find in your 360 than they would on google maps. In fact, Google maps even shows you the property over time, which could be even more useful in the wrong hands! There is an issue in rural areas where drones are being flown over farms to identify plant machinery sheds and valuable equipment. Although this is just straight criminal use but the two things do get mixed together with a little hysteria.

[@garybrindle6715]

@@badgerbalti the Bing planes are not below 2000 feet and have the lens optics also used by police. The huge difference betweem ill intentioned use of camera ground and air is that of concealment. Standing in clear view is not usually a tactic used by private and public detectives etc. A bit of googling will show the range of concealed cameras the public can buy and even a dashcam can collect info when you "" get lost along a farm track in a hire car ".

[@PaulMcKillop]

The 'bubble' system was better for the protection of individual safety, security, and privacy of individuals. The obligation to respect privacy is already there but hasn't been sufficiently tested yet.

[@Geeksvana]

Hey Paul! Thanks for taking the time to comment. I think your comment is spot on!

[@DugDiamond1]

novice RPs often forget that the seperation distances from objects are never linear.... the common residential semi-detached house is about 7.6metres. this must be added to the drone's height when flying over them, to adhere to the seperation distances. also the average height of a standing person is 1.7m. with this said the safest height to perform drone operations should be kept to ~60m (50+10) and above (unless your drone, or your permissions, allows you to fly closer). also, the CAP's always says "FLY"... they never say "HOVER". so get from A-to-B at a high altitude (keeping VLOS) without stopping.... then perform the 'job' (efficiently) before returning in a similar manner. ;)

[@DroneLifeRC]

Everyone is welcomed to fly their drones over my house 🏠 😁

[@Geeksvana]

I'll be round later 😀. Thanks for the comment Dronelife RC!

[@davidheyworth7947]

That "no-drone zone" is touched on in CAP722C 4.3.2 regarding the designating of areas as somewhere you cant fly by default due to the airspace being a state asset. I think is more for larger entities like councils and bodies such as English Heritage and National Trust... yet nothing has popped up yet on Drone Assist regarding this

[@Geeksvana]

Hey David! UAS Geographical Zones are in use and on Drone Assist. They usually come up as a yellow circle with the NOTAM information then popping up. Hope you are well.

[@davidheyworth7947]

@@Geeksvana I am well thank you. I agree, but what I mean is... National Trust, English Heritage and Cadw all make a fuss over flying over their property, but havent done anything with the CAA to combat it (ie those no-drone zones). Extend that to private individuals requesting a yellow dot over their house, I cant see that happening

[@Geeksvana]

@@davidheyworth7947 I think it is partly because they do not have total control of all the sites. Often you will find the local manager or even owner is more than happy to allow drone flight...

[@davidheyworth7947]

@@Geeksvana Interesting, good insight. Great vid btw, I have been keeping up but not really interacting. I'm never able to catch your live shows

[@Geeksvana]

Appreciate it! Yes the live shows are a little tricky to catch.

[@theshadow2576]

"could be an invasion of privacy in the wrong hands"...yet police can use them for watching people in a crowded area.

[@Geeksvana]

There does seem to be an assumption about drone pilots. Not sure I like his closing word of threat either... Thanks for the comment, appreciate it.

[@andrewhillphotosvideos2909]

Can I stop a bird flying over my garden and fouling on my washing?

[@Geeksvana]

That sounds like something the Air Tweet Order would cover...

[@apollos5184]

Privacy is created whether in public or private. It's ignorant to assume otherwise. Don't want someone to look in your windows, close the blinds. I'm personally getting tired of how politically correct everyone has to be. Change is hard for some people, seeing drones fly around the sky just makes me curious but someone else might feel uneasy because they are uneducated about it, so I think public education is the only way to tackle an issue like this.

[@garybrindle6715]

You said this very well and its a main point to remember. I do street and commercial photo work and learnt this a few years ago. My answer to objections is short polite and simple and I will avoid discussion and arguement with the objecter the less said is in my view the better. That s also the way the owner of this u tube channel runs this page and hes also a photo journalist.

[@jonathanrigley1795]

Can a pilot with the A2COFC and a Mavic Air 2 fly over a village or town within line of sight?

[@frednimrod2333]

Ive had my Mini 2 since it came out, have done about 60 hours, quite alot of flights from my back garden, will always just stick it in sport mode, and go straight up vertical to 120m, , then fly out and around, generally at good speed, id be happy to do 200m or more if allowed. . The best landscape photos are high up for me. The problem is, if the drone is being flown following the roads, at 100-120m up, it does look like, from anyone standing in their own gardens both side of the said roads, , that the drone is coming right over the gardens. . . Very difficult to know if it is DIRECTLY above or 20m over to the side. .

[@frednimrod2333]

To add, if somone did mange to put no fly zones in for their house and garden, , the drones cpuld still be flown just a few metres next to the boundery at 50-120m up, and that still, to the home owner would look like it was 'over their' garden. .

[@timhuggins1993]

Well said on perceived flying location in the sky . I always think a passing A330 cruise liner plane at 25 - 37000ft seen through my zoom lens camera is over my town yet it's nearly 40 mile away plus on flight radar

[@huginnkenningard]

Being harassed by random people is a part of the hobby... They see a drone, no matter at what altitude, and they think you are spying them and that they have the right to harass you, so just get used to it because it will never stop ^_^ If you have all the paperwork done, give no further explanations, just let them call the cops.

[@gregnugent5678]

Pretty sure current rules by FAA in US state you must be at or above 250' to fly over private property when you haven't received property owner permission to do so.

[@DungarooTV]

General answer is NO!

[@jon6343]

If I want to look at a neigbours garden layout or what the new owners have done with my old house I use google earth

[@DODG-Dji-mavic]

🇷🇺👋 very interesting topic👍

[@sudburydrone466]

👍👍✌️

[@Geeksvana]

😎😎

[@keithvoller4424]

I have hover my DJI Mini 2 0ver my own property at 250 ft and I cant see it or hear it (I can see it because I know its there and have watched fly up) I usually go up from my garden over the field at back of my property ant max climb and speed, then get on with filming the scenery from usual 380ft. from that Hight. I couldn't tell what make a of car is on the road, just that its a car, same as a house, no details just a very small house from that Hight.

[@VistaIreland]

I wonder if people complain at double decker bus passengers when they looks down into People’s front gardens? What about walkers, looking over your garden fence and into your front window? Walkers and vehicle drivers can see a lot more and closer than any drone passing by.

[@Geeksvana]

Hey Vista Ireland! Excellent point. To me it is very similar. Perhaps once drones are seen as commonly by the public as a bus or plane, then the acceptance of them criss crossing the sky will be better. Thanks for taking the time to comment.

[@MarcusTDM]

I think this video is looks at the subject very sensibly, to many of the people who make drone rules don’t understand them.

[@Geeksvana]

Hey MarcusTDM! Thank you for taking the time to comment and for your kind feedback.

[@flyinglowe]

I fly a DJI mini 2 with public reliability. I sometimes get people who live in built up estates asking for photo of their property and i tell them its got too be either directly on your property when flying low, if not ill normally go too around 150+ feet so, like you said you can not identify people who could possibly be relaxing in there garden and wanting there privacy. now I think if people are feeling that their privacy is being breached by such a drone like mine, but they haven't got an issue with say a private helicopter that could have a better camera, maybe someone with a dslr with a large lens which could invade peoples privacy a lot more, I would personally find that a bigger cause for concern. never mind the fact of the greater noise disturbance and the actually danger too life if it was too start an uncontrolled decent and possibly crashing, in comparison too something that weights less than 250 grams. also people have a misconception that they own the air space above their property.

[@flyinglowe]

also , I would like too add I have had zero issues when flying in area's as of yet

[@Geeksvana]

Hey Flying Lowe! Thanks for taking the time to comment and share your thoughts and experience, sounds like you have it down!

[@flyinglowe]

@@Geeksvana Thank you for the video's and updates pal

[@danielinman3879]

The main point is that drone flyers who show consideration for other people when they fly will have few problems. It becomes a problem when the right to enjoy drone flying interferes with the rights of a landowner to enjoy their property. If a drone flyer makes the effort to talk to a farmer about flying over an interesting piece of landscape, the farmer might tell you to go away or they might tell you the best place to fly. If on the other hand, you turn up and hover over farm buildings in an area where there have been thefts of farm equipment preceded by drone flights, you might face a different response. Flying in a way that interferes with what's going on on the ground will also be a different response. Bringing down a drone might be the only way that a landowner has to secure evidence such as the pilot ID for the police. From a practical point, to be "shot down", the drone needs to be closer than the uninvolved person distance.

[@garybrindle6715]

Have you ever tried to contact a farmer? .... """ interferes with the rights of a landowner to enjoy their property, where are those rights available to read ? ""

[@Altair885]

As far as I know after researching it there is no law that actually states exactly what height above a person's property you can fly, other than to say you cannot spoil their enjoyment of their property by flying too low over it, 500ft is a guideline minimum for manned craft like paragliders, hot air balloons, gliders etc but it doesn't pacifically state that below this height is an incursion that could be classified as a criminal offence, especially not for unmanned aircraft, if it did it would be a legal nightmare for certain operations i.e police/SAR helicopters and drones, air ambulance, also aircraft that cross built up areas while landing and taking off etc etc. Also I don't think there's ever been a successful prosecution of someone who simply flew a drone or other unmanned aircraft above someone else's property, unless it's restricted airspace, it's unworkable legally speaking for the wider population, just providing evidence alone would prove to be a tricky task in a court of law as it could be easily disputed. I think people need to just accept the fact that drones are here to stay, and a right to privacy has never been a given, also bear in mind state and digital surveillance are far more invasive than some daft little drone with a crappy camera way up high ever will be, a lot of these cameras don't even have a zoom function for god's sake! 🤦‍♂️

[@Geeksvana]

Hey John, thanks for taking the time to comment. Yes indeed, the height has never been stipulated or tested and it seems authorities will concentrate more on privacy than height, which I think is a fair way to handle it.

[@garybrindle6715]

Trespass is not a criminal offence..just leave when asked to. (90 percent of drone overflights are short duration so will soon be leaving regardless)

[@maxair420]

👍🏽

[@Geeksvana]

Hey Sir!

[@andychapman9687]

Hi Great videos as always, very informative. I run a tree surgery firm, own a Mavic 2 zoom for carry out surveys of dangerous trees, spotting decaying wounds and reporting back to clients with videos and photos. I obviously have their permission to undertake this. But where do I stand with using my Mavic Zoom, over 250 grams, with all the changing rules? I need the sensors on the drone, so I can get close as possible to inspect.

[@hiddenguy67]

mini 3 Pro or mini 4 when it's out

[@bartekkoch]

I hover my drone at 120m up filming a time lapse of the clouds , if your not hovering over someone else’s property you can fly over if under 250g

[@Geeksvana]

Hey Bartek, thanks for taking the time to join the conversation 😀

[@djinncat]

I think 100 feet above houses is a good distanced and no hovering, unless you have been hired by the owner to be there.

[@Geeksvana]

Hey Outdoor Athiest! Appreciate you taking the time to comment. I agree the no hovering part is very important.

[@neilfoster814]

I read somewhere that a property owner only owns the airspace up to 50 ft above it, but I may be wrong. As Shaun says, don't be a dick by hovering your drone 20ft over someone's private property. I would say that passing over at 100ft would not be classified as an invasion of privacy. I think the main problem is when someone sees a drone in the vacinity, they automatically assume that it is filming them, even though they have no way of knowing whether the camera is on or what it may be focused on.

[@TheoWerewolf]

I'll give you the answer in Canada: yes - mostly. You cannot invade someone's privacy which is generally defined as "places where a reasonable person would expect to not be observed without permission' ie: no hovering your drone with the camera aimed at a person in their yard (which is actually harassment, not a privacy violation) or into their house (absolutely a privacy violation). BUT the airspace from the ground up is owned by Transport Canada, not by the landowner, and drones are allowed to fly anywhere permitted. There is a distinction by mass. A sub-250g drone can fly *almost* anywhere except Class F Restricted areas (penitentiaries for example), areas where forest fire management is in progress, specific areas the Minister of Transport decrees are restricted (check your NOTAMs) and then 900.06 aka the "Don't be stupid" rule which prohibits flights that endanger other aircraft or people. Drones between 250g and 25Kg inclusive are MUCH more restricted and require licensing and certification as well as restrictions on where they can fly.. but oddly, probably could also fly over your yard as long as none of the other regs are violated. You also have to check the local laws. Cities here cannot ban flying a drone (same reason, out of their jurisdiction) BUT they can and do ban take off, landing or operating drones in certain areas, typically parks. Legally, that doesn't stop you from flying OVER parks (at least, not unless you have to land urgently) but I generally try to avoid flying over parks mostly because I don't want to be a *ahem* jerk and I find that some dogs always want to try and catch the drone, even when it's 50m up, so I don't want to disturb the other users of the space. Oh and NO.. they are NOT permitted to shoot your drone down. Regardless of what the drone is doing, it's private property and shooting it is both a violation of public safety and destruction of private property. Unless the drone is directly a physical threat, you don't have a case. I carry a pamphlet I made up that explains the drone and privacy laws in my province and when people get upset about my flying the drone, which to be honest, has rarely happened, if it's over private land, I apologise and move on. If it's over public land (like a beach), I hand them a pamphlet.

[@ajalvarez1387]

Of course a can fly a drone above your house or on top of your house! All I had to do is buy a Chinese knock off Drone.🤪 I’m just Joking great video my friend!😎🤙👍

[@Geeksvana]

Hey AJ Alverez! Hope you are well. You are welcome with any drone 😀

[@ajalvarez1387]

@@Geeksvana I’m doing great my friend just busy with families! 😎🤙👍

[@pdtech4524]

Just setting up a 'digital no drone zone' around my house! ⚠️😯😁 Those pesky nosey drones and their dodgy operators!! Me and the wife are avid naturists and spend a lot of time stark bollock naked in our back garden! Shudder to think what those 20 or 30 drones hovering over our garden are filming and where the footage is ending up! 😯⚠️😊

[@johnnymac26]

ha ha me naked outside in my garden would work better than any drone defence for sure

[@stevew179]

On Google earth.

[@Geeksvana]

Hey PD Tech... thanks for painting that picture 😂🤣

[@barrieshepherd7694]

True naturists would not object to people admiring their bodies 😂😂😂🤣

[@stewartrowley1]

My policy for flying is keep it high and keep it fast. The privacy part. To identify people or what they are doing at 120 metres would be almost impossible. Either way I don’t fly drones to watch people,far from it I want to get away from them not photograph them. Some people live in this world of it’s all about me. Get over it, I don’t want to know you let alone take pictures of you. It really does show what type of person they are if they need to reach for a gun. Please keep them away from others I think.

[@Geeksvana]

Hey Stewbie! I like that, high and fast.

[@LovemyDrones]

I've been flying for a while and yes, if at 100 feet you can see if people are in their yard but to be able to identify them, hardly unless you just hover there. That would irritate me as well but then there are so many drono-phobes out there that think someone is spying on them. No, we are just flying, any of these Drono phobes have probably never even watched a drone video, they are just being paranoid. I have low flying aircraft, some below 500 feet that pass over where I live all the time. I have no way of identifying them and they are far more likely to cause property damage etc if something should go wrong.

[@dhansel4835]

Here in the US the FAA owns the air space one inch over the highest part of your dwelling. Here in the US shooting down a registered drone will get you 5 years in federal prison and $230,000 fine. No appeal....

[@Geeksvana]

Hey D Hansel! Appreciate you taking the time to comment. It seems an obsession to discuss shooting drones...

[@dhansel4835]

@@Geeksvana I have had some home owner association members say they own the airspace from the top of their house all the way into outer space. They also said that shooting down a drone or any aircraft in that airspace was their right. I don't agree with that but wait until UPS, FedEx and Amazon's drones start flying around and we'll see what happens. Interesting times we are in.

[@andrewmaudsley7692]

We do not need any more rules it will get to the point where like you said will open a tin of worms, people will likely just forget the rules full stop also stop paying any drone tax and just do what they feel they are safe to do, like always people can be stupid, if amazon deliver ever works you have a big drone flying over stopping and dropping off stuff, yet currently at most it be a mini 2 flying over, custom ones tend to not, but the rules effect everyone, like always and I agree with you main points being safty and privacy, you could be out in public with your phone and there is times even in public where you should not take pictures, for example a woman bres feeding at the park, I feel all this needs to be sorted soon before more silly rules are made, tbh should go back to basic, saying do not fly above 400feet, do not fly over airports and other restricted places use this app, all other things should be read your manual if you have one, and you do what you can to fly safe and if you go out your way to hurt someone your going to jail

[@MikeMillerDrones]

If you have a good experience with something, you will tell, on the average, 2 people. If you have a bad experience with something you will tell 10 people. Unfortunately this means that one bad apple spoils the whole barrow, no matter how many good things happen with drones. Education of pilots is the only thing that can we can do. Educating the public does no good because most people won't be swayed in their opinion that drones are bad. Unfortunately, lawyers like the one in this clip, are going to be the ones making the new laws that will put heavy restrictions on pilots, because they heard a bad story and not the dozens of good stories.

[@Geeksvana]

Hey Mike! Great to see you sir. Hope you are well. Yes, you are right. Education is vital and we all need to protect the hobby as much as possible.

[@TheBILLANDERSON]

GA (general aviation) (not commercial) mostly fly in G airspace , no permission is needed to fly in that area = G airspace . If I fly G airspace (not controlled) but I need permission to fly into or transit class D air space (controlled) Back onto G airspace (no permission needed) no less than 500 ft (unless landing) drones can only fly in class G airspace not above 400 ft (separation 100 ft CAA rules ) onto trespass of a boundary of property below chimney level in G airspace ,, could be classed as trespass when verbally being told & not to leave ? (tell the drone to leave ???) This is quite a long discussion to & fro on this matter but there is case law :- Pickering V Russ (1815) ALSO Brernstein of Leigh V Skyviews & General (1978 ) "Remember you must fly safely"

[@flyingthroughhistory7211]

Despite the fact I can legally fly over residences, I still avoid them where possible as not out there to annoy anyone. I have a video coming up where the object of focus is right by somebody's house so I'm blurring out the house and gardens.

[@Editer38738]

Were all just flying Not spying

[@MrGazhay]

I might take that slogan and put it on a banner trailing my drone next time out! 🙂

[@Editer38738]

Help yourself lol

[@Geeksvana]

Love it

[@edcbabc]

I think people have a right to 'quiet enjoyment' of their property, and there are also the privacy laws, but you do not own the airspace above a property. So where, above you, does 'quiet enjoyment' end? If above 400', then that is above the height limit anyway, so the answer would be no you cannot fly over. It is probably well under 400' though, so in that case you would be able to fly over above that limit but below 400', providing you were not deliberately Invading privacy. No doubt at some point it will get tested in court. I've always thought it is an odd principle that a law can be defined, but until a court has interpreted it, it's full meaning is not known.

[@garybrindle6715]

Its been tested and the aerial photo business was found not to have broken any law.

[@genefoxgreenmountaindroning]

Than what about goggle earth they take pic of your house property and what ever is in your yard at the time of the photos !! Is that a Evanston of your privacy

[@simonbaxter8001]

Isn't drone cameras subject tot he same privacy laws as CCTV and security cameras? Doesn't the CAA drone/model operators license cover distances to property and people? I thought it did. However

[@geokeo3592]

Its just a sign of The Times!

[@Geeksvana]

I like that...

[@ShireGanj]

Your regulations would state you cannot fly over a private residence at any altitude where you can clearly see occupants and any detail. I would say it’s not on. It’s a no without expressed permission.

[@Geeksvana]

Hey Matthew! Thanks for taking the time to comment. A small drone flying over property represents no risk to privacy or safety whatsoever. Someone hovering to capture footage is not legal and already dealt with under the current regulations.

[@Editer38738]

I got shot at the other day I heard the gun shot from my house where I was standing

[@Geeksvana]

That sounds rather scary!

[@andrewhillphotosvideos2909]

I did have a drone fly over my property and stop so I got my RX10 Mark4 camera out and took photo's of it with my 600mm zoom lens.. have'nt seen it since. lol... now would that be a sign the gimble was looking down on me? who knows but it an't been back haha.

[@Geeksvana]

Hmm... interesting. Camera on camera deterrent...

[@MrGazhay]

As long as we are shooting with cameras, no one gets hurt! 😛

[@banzanbuddhist1451]

What if you're sunbathing naked in your garden and a drone flies over your property?

[@El_Smeghead]

How did I know you’d read The Times? 🤣

[@Geeksvana]

Hey Andy! What are you trying to imply?

[@El_Smeghead]

@@Geeksvana The Times is too high-brow for me. I’m still a Beano man 🤣

[@Geeksvana]

Love the Beano...

[@PaulMcKillop]

@@Geeksvana Me too! Only when I'm feeling clever, though.

[@johnnymac26]

i read the times once well some of it the salt and vinegar had ruined the ink

[@andrewhillphotosvideos2909]

Think we should all be worried that satellites are watching us all the time. maybe, could be, probably,

[@Altair885]

Exactly, 100% surveillance is the goal and has been for some time. The US let it out of the bag some time ago after they inadvertently posted pictures of one of Iran's facilities after an attack during a security brief to the press, the quality of the images were beyond anything anyone thought possible for a satallite, even to the point you could make out what type of clothing people were wearing. I think in this day and age if there's something you can imagine being built one day then there's someone somewhere already busy working on it!

[@lendusaquid]

If a drone was hovering over my property then i would shoot it down. I would let a jury decide if i had done right or wrong.

[@edwardadams8264]

What are your views on Article 16

[@Geeksvana]

Hey Edward! I think the Article 16 Authorisation is excellent, when understood and used correctly. There has been an update recently from the CAA which might change the permissions in the future but for now it is very useful, particularly for FPV and model RC aircraft.

[@PhantomandtheDrone]

The one over all fact in this matter is ownership of airspace, and those that own property know, in your deeds there isnt a section retaining to airspace above your property. The view boils down to privacy, and the expectations of privacy within your own property. If for instance you live in the city, where properties are close together, or in blocks of apartments, the expectation of privacy could be much lower than if you lived in the country surrounded by fields. That said, this subject is nothing new, how often do you sit in your garden and think about the thousands of satellites looking down at you? How often do you search google earth/street? Do you question when a police helicopter is flying at 2000ft, circling overhead using their camera? Do we question the private pilots flying over head? And we all watch KZbin and know that most air users have cameras. The best way forward is consideration to all, maintain the required separation and respect privacy. If you have to fly over a property, say for work purposes; roof inspection for instance, then speak to all the niebours, and let them know. Generally that will be done as part of the flight risk Assessments and permissions anyway. If you find that your flying over gardens in other circumstances, then be considerate, maintain a good separation and height, dont linger or hover, and dont intentionally capture footage of those using their property. Look at it this way....how many of you have cctv cameras at home? How many of you have told your niebours that you have installed them? Now, how many of you have read the regulations and law about home CCTV cameras? You must inform your niebours, you must put up warning signs and your niebours are legally allowed to view your install and object about the angles of the cameras and footage captured by them. Consideration and common sense is the key here. Great update Shaun, thank you.👍

[@andrewhillphotosvideos2909]

There could be a solution Sean. They could have a system that anyone that owns a camera drone have to upload all data to a sharing platform automatically to the drone company i.e DJI to own a drone. That way all footage could be analyzed on a random bases to find any wrong doing...... Just a thought... trouble is it could revert to higher prices..

[@jamesmclaughlin-northcoast2171]

Would you include all content eg pics when i go out I could easily take 500 images that are edited later. I think your idea could work if they got info on speed location height if drone is recording /taking pictures but more than that I think would be too much

[@Geeksvana]

Hey Andrew! That has some merit although the one thing company's avoid as much as possible is privacy issues.

[@tonysimek]

Let's be real here, unless the drone is flying inside of somebody elses house....it's not an invasion of privacy.

[@A-view-from-above]

So where does the 150m rule apply then?

[@Geeksvana]

Hey Drone Photography! The 150m from residential and industrial rule in the UK currently applies to legacy drones weighing more than 250g, if the operator does not hold any certification. Although such flights can still happen under Article 16 Authorisation, subject to the guidelines. It is easier under the new rules to find the specific rules for the weight of drone you are flying under what certification as an operator you hold.

[@A-view-from-above]

@@Geeksvana Hi, thank you for the reply, currently have a mavic 3 so just getting into drone flying and photography Also have all the flyer ID and the A2 c of c, hopefully my neighbours don't complain but usually straight up to 70m and shouting about the horizon

[@Geeksvana]

Nice choice! You have the 50m from uninvolved people separation, which is a column rather than bubble, but when those people are inside their houses you are allowed to fly over and closer etc.

[@A-view-from-above]

@@Geeksvana thank you so much for the clarification on this, so much to take in lol

[@andrewhillphotosvideos2909]

Since when have drones been noisy? Stop a drone stop a plane umm 🤔

[@Geeksvana]

I think I might challenge Ed to hear my Mini 2 above him!

[@mikehrenak1390]

I try to fly like a ninja always want to avoid any attention I got black skin on my 2s just like a ninja air2 s army out

[@Geeksvana]

Air 2S Army Out...

[@KrustyKlown]

Can you provide Kat's house address please??

[@Geeksvana]

Community fly-in?

[@gmivisualsjason3729]

Excellent

[@Geeksvana]

Thanks Jason! Appreciate your support.

[@gmivisualsjason3729]

@@Geeksvana Your very welcome. You asked for opinion and input. Personally I feel that this was an inevitable consequence of allowing sub 250g drones so much freedom. As you know I'm a keen flyer and builder of freestyle drones. I've even had a mini 2 for a short while. On one occasion I took advantage of these new rules and had a fly around my neighbourhood. To be honest and i can't fully explain why I actually didn't enjoy the experience... "It just felt wrong" lol I think that's because as an fpv pilot I try very hard to fly isolated locations. (Hence we have such a good safety record) But recently I saw a mini 2 hovering in my neighbourhood, to the operators credit it seemed they were following the side roads about 50m up not going over properties this didn't bother me in the least. But most I would guess are regularly flying over properties especially when doing so from their gardens. So yes I agree stay high and keep moving. A height minimum above properties id personally be happy with. With regards to sub 250g drones needing registration for carrying a camera some clarification would be appreciated on this regarding fpv operators whom have a camera only to fly through and don't have any form of recording the footage on the drone or in the goggles.... Theirs something in the rules that speak of "data recording capabilities" So a camera isn't always a camera that needs registration. Also we the community need to stand against this rule of registration because of having a camera.... I don't have to register my dslr with ridiculous zoom capabilities 😃😃

[@robba1234]

Nice to lay it out but and its a big one, a lot of opinions in this piece, in my opinion, etc. It's difficult enough to fly a drone in the UK these days. And I understand airport issues and drones flying directly outside windows looking in etc. But we have laws in place to handle that, but if you look and try and imagine all possible scenarios and legislate it would make an absolute mess. Too many times poorly written laws can and do get interpreted and a non issue ends up with a visit from the "feelings" police no real legal position but the path of least resistance is stop. As with normal filming if you cannot ordinarily be seen in your back garden from a public road or path it might be intrusive or as you said I hover over your property at a height low enough to get a clear deliberate video or photographs then it's maybe a concern. Speculation in LAW does no good. I could be a murderer because I have a tattoo but it's a jump..

[@SEPK09]

Does make me laugh, can a drone fly over my house vs own a gun and can i shoot it in my garden Hmmmm give me a minute on that one!lol I think the non drone owners that have issues with drones need further education, something they can find instant information, or something to watch to see for themselves.

[@droneready8278]

The airspace over anyone's home belongs to no one You need to research it You're part 107 rules say the airspace above anyone's property or home is free

[@Geeksvana]

Hey Drone Ready! Thanks for taking the time to comment. This particular story is from the UK but we do have similar laws. They are not quite as cut and dry as the US version.

[@droneready8278]

@@Geeksvana Right on didn't mean to sound like an ass.

[@Geeksvana]

Oh no you didn't at all. I appreciate the input from the global audience as it shows how we should be doing it sometimes!!

[@gbkiller007]

Polite not to, no?

[@Coqui-Media]

Hey Shaun (I hope I spelt your name correctly), The following will seem a tad long but I have no hair left to pull over the issue of faking off, flying up over my own garden, out as far as I can maintain VLOS etc. See what you and/or your readers think as I am thinking of posting this on our local Facebook page ... I will begin by saying that I prefer to say that I fly QUADCOPTERS - not DRONES... Drones are primarily designed to spy on or kill people in military scenarios ... that's obviously not what I do ;-) Unfortunately, some manufacturers' choice of product labelling such as 'SPY DRONE' really stinks and the press and media have not done any favours for the likes of yours truly. Over years since starting, countless hundreds have been spent on equipment, public liability insurance AND operator and flyer registration fees because I enjoy FLYING, photography & videography - not because I want to 'spy' on people! I am not allowed to take off or land on private property without the owner's permission. I am entitled to take off and land in my own garden to a height of up to 50 meters and then out in some direction. This does mean that my UAV (Unmanned Aerial Aircraft) may 'overfly' private property ... overfly and move on. According to Air Ordinance law, nobody owns the airspace above even their own property but as a responsible flyer, I can overfly and keep moving where the only time I might hover - is to make changes to my settings to assess any risks and ensure safety at all times. Oh ... I am allowed to overfly uninvolved people but not crowds. Nor am I allowed to fly higher than 120 meters (400 feet) and I must always maintain a visual line of sight. Quadcopters with cameras are NOT X-Ray machines e.g. they cannot see through walls unless those walls are made of glass. They also 'see' extremely poorly (if at all) in the dark unless it has a very specialized and expensive camera. Besides, if I was actually wanting to SPY on anyone, I would be doing it with something quieter than a hornet's nest equipped with flashing coloured lights? Does it really suck that 98% of responsible quadcopter flyers have to pay for the 2% of irresponsible or reckless pilots? Uhmm - YES! Almost there .... ;-) Those suffering from mild forms of paranoia can take solace in that they are not the most important people in the universe ... nor are they points of interest. I've no desire whatsoever in peeking through windows or other parts of one's property ,,, bit only is this not right - it is BORING! Nobody really cares about what one wears - or doesn't as the case may be and, neither does the camera on my quadcopter! I respect that everyone is absolutely entitled to their opinion about quadcopters - such opinion does not make them facts! According to the most basic and common law of the land - my activities are causing any harm, injury or loss to anyone! I'm off my soapbox now ..... Thanks for taking the time to read this. Stay safe! I've more to post on this matter but I guess this makes as good a start as any. All the best .....

[@christopherj3367]

Surely if she/he was that concerned they would have called the police and got those answers already, personally I think its a bogus letter, answered by a do goodier. This story's got a fake smell to it, probably to fill a blank space.

[@Altair885]

I was thinking the same thing, more sensationalism from the press. The wording of the letter seems deliberately contentious, and the response is implying that the aircraft should be much further regulated than they already are, thereby painting the picture that it is a hobby primarily for voyeur's and perverts and anyone else with bad intentions.

[@Geeksvana]

Yes absolutely. Loaded question with a seemingly agenda ridden reply! Thanks for taking the time to comment!

[@27steve]

Police won't attend a burglary, so you've no chance of telling them to come see a drone flying past, let's get real

[@davemcintoshyt277]

Stay legal. Photography is not a crime. Sounds like a Karen having a moan & Ken (the brief) talking bubbles.

[@lindsayheyes925]

"A drone above your property could be trespassing in your airspace"???? If I had paid for that advice from an "expert" lawyer, I'd be asking for my money back and closing my account with his firm before I next blinked. Open airspace is a national asset - every bit as much as a trunk road. However, the original request does raise a valid issue: Some people live in places where many drone pilots are likely to fly, for example because of limited places to establish a TOLP and VLOS flight path to a photogenic object or landscape feature. If it's popular with tourists - and the National Trust, Forestry Commission or English Heritage have done their usual trick of preventing launch or control from their premises - a garden might get overflown four or five times a day by different flyers because no other flight path is possible. Each flyer might believe that their quick flight is a passing irritation, when it is actually part of a very serious cumulative nuisance. This is why the NT, FC and EH should be challenged over policies constraining launch and control of drones. Hark! Is that the sound of a lawyer clearing his desk? He should be hanging his head in shame for that answer.

[@Geeksvana]

Hey Lindsay, great to see you. Yes, it certainly lacked balance in my opinion.

[@lindsayheyes925]

@@Geeksvana ... but there is always the right of every owner and occupier to "peaceful enjoyment" of their property. It is limited where the owner might be reasonably expected to put up with a nuisance - for example if he or she buys a house beside a railway, highway or on the flight path of an airport - but if a new nuisance is created by development (as with HS2) then the developer may be expected to compensate for loss of amenity, property value and to mitigate or cease public health impact. Persistent or repetitive low flight might also be regarded as encroachment, attracting "cease and desist" action by the landowner against an individual, or as antisocial behaviour by the local authority, which has a wide range of powers in respect of public nuisance.