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Spill the beans, what's the back story?
Law on UK Drone photography of private property
Hi All, is it legal to take aerial drone photos of private residential property for marketing purposes? Unsolicited.
The photos would be given away for free to the homeowner, if requested. :)
Spill the beans, what's the back story?
Lovely warm weather latelyOriginally Posted by ~dadam02~
Don't just do something, sit there. - TNH
And when she rolls over, can we have the front story too?
It's a while since I have had a professional interest in this but you need to download and read CAP 722 from HERE. Page 45 covers image capture but only really discusses those of identifiable individuals and the application of GDPR. If it's not covered elsewhere in the document an enquiry to the CAA would be your best course of action.
I took one out with my .22 air rifle a couple of years back that was becoming a nuisance whilst my family were enjoying our garden..
What a bloody stupid thing to do
Don't just do something, sit there. - TNH
What is the difference between drone photography (staying within the guidelines of GDPR) and Google Earth, other than the images obviously being older in Google Earth. Aren’t they both doing the same thing?
So lets say you have a noisy Supercar driving around the country lanes of Dorset, I assume you'd be ok with me shooting at you?
My understanding of U.K. law is that provided you take the photo from a public place then you can
take photos of property but you have to be careful if you end up with people in your photo on the property.
Only debatable point is that you do own and have certain rights over the lower airspace above your
property upto around 500 ft so taking photos or flying a drone directly above someone’s property below this height
might be an issue.
Think it’s actually illegal to fly above 400ft or within 50m of private property also you may be willing give away the image but if you are using it for commercial purposes then you have to be registered with the CAA.
Last edited by TBKBABAB; 18th April 2020 at 10:18.
Why???
We have no immediate neighbours within 200 yards and completely surrounded by rolling fields and countryside.
I had noticed it a couple of times in the summer of 2018 when the family were enjoying the garden my grandchildren were also there enjoying their paddling pool at times.
this thing kept appearing and just hovering at the end of our garden and I had no idea who was controlling it and for what reason it was hovering over my property.
I considered it an invasion of my privacy and it was removed falling into the field behind our property..
Sorted.
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Unrelated to drones, but we had a unsolicited knock on the door from a nice older lady who used to work for a company that took aerial photos of houses and sell them door to door, the company folded years ago and she had come across some unsold photos and there was one of our house, from 1982. To compare it to a similar one we bought a couple of years ago and to see what had changed was fascinating.
Cheers..
Jase
https://www.gov.uk/government/news/d...ly-and-legally
From the .gov website:
Essentially your responsibilities are:
- to know how to fly your drone safely, and do so within the law
- to understand that the operator is legally responsible for every flight
- to keep your drone in sight at all times and stay below 400ft
- not to fly your drone over a congested area, never fly within 50 metres of a person, vehicle or building not under your control
- ensure any images you obtain using the drone do not break privacy laws
- avoiding collisions, you should never fly a drone near an airport or close to aircraft. It is a criminal offence to endanger the safety of an aircraft in flight.
Because that would be criminal damage.
They do make your house and grounds look good...not mine but my brother's house.
If you really are that remote, it begs the question why someone would target your property. Apart from it being nigh on impossible to hit a drone with an air rifle.
Started out with nothing. Still have most of it left.
Bit of a let down Jase, thought you were going to announce you shot the old beggar with your .22 air rifle.
Fully scoped and extremely accurate from around 30 yards..it was lucky I only used an air rifle..the thing wasn’t there in the morning I would assume collected by its owner and there have been no more occurrences..
As for why we were being targeted I have no idea maybe a new toy for someone who was just being nosey I don’t care go and annoy someone else...
They are an invasion of people’s privacy and I would not hesitate to do the same again.
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Last edited by SteveM112; 18th April 2020 at 10:50.
If remote, could always be would-be burglars scoping the property.
I can fully understand, given your explanation, why you did that & it does make you wonder why someone was flying a drone over your house given you are quite isolated by the sounds of things.
Regardless, if the guy so wished, he could very well have prosecuted for criminal damage & given the fact he probably has cctv footage of you pointing a gun straight at his drone then I think he would have a good case.
Having said that, as part of the investigation he would probably need to explain to the authorities ‘why’ exactly he was hovering that thing over your house, so may be reluctant to go ahead with it.
I’m not defending the guy, just playing Devils advocate for the sake of conversation.
Tbh - in your position & if I had a gun, I would probably have done the same thing especially with small children playing in the garden.
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Ha! Sorry about that.
Cheers..
Jase
Absolutely
As I said I gave it the benefit of the doubt several times before removing it.
It just became a nuisance and what I considered an invasion of our privacy although in law I guess I wouldn’t have a leg to stand on..
but I’m of the school where if someone or something invaded my property a burglar for instance then I will do whatever necessary to protect my family but that may differ from what the law considers “reasonable force”
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I totally get that drones can be annoying, especially ones being used anti socially.
That doesn’t really justify the committing of a firearms offence, along with the criminal damage element, though.
If it dropped into the field behind your property, then it wasn’t over your property, and it also means the pellet you fired into the air wasn’t within your property boundary either. Yes, you say you live in a remote area, but could you be sure that nobody was within range of your shot had you missed?
My last job involved trialling the use of ‘drone stopping’ technology, they are surprisingly difficult to take out safely. Shooting a drone can often lead to it losing control and could indeed end up landing somewhere you’d rather it didn’t, such as on people or your property.
Call the police if it happens again, if somebody dodgy is using drones to scope properties in the local area then it will help build the intelligence picture for the police.
There was a chap in our village for a while whose grandson used to arrive at weekends with his drone which he used to fly all over the place. First couple of times I turned a blind eye, but after the second weekend of intrusive (and illegal) drone flights I went round for a chat. The lad was very enthusiastic about his new drone, and I didn’t want to kill his hobby, so we eventually got him permission to fly it on the local cricket ground which was better all round.
What a weird and creepy thing to want to do. If there's no law against it, there should be.
How is flying a drone any more creepy or weird than any other hobby?
I do not see how unsolicited data processing for commercial purposes would pass GDPR or other data protection laws - especially as the specific purpose you are discussing is to film these houses - it's not an accidental side-effect.
Also it's downright creepy and because this is unsolicited - how would you explain away if for example you filmed a house which has high fences and they have a reasonable expectation that what they do inside their homes or in their gardens is private and that it will not be filmed, published or broadcast. How do you plan to explain away if you capture two kids playing naked in their garden?
Good story for the local papers not so good for you.
Last edited by Alansmithee; 18th April 2020 at 11:25.
As a quick guide you are OK taking something like this without permission, where the drone is more than 50m from the people or buildings.
If you want to be less than 50m from the building like this then you need the owners permission.
If you don't have permission from the CAA you are not allowed to fly within 150m of a built up area. Also if you don't have CAA permission you wouldn't be able to use the images commercially.
GDPR regulations do apply.
There are many laws around drones, these are the current ones;
- Your drone must weigh under 20kg
- You can’t fly above 400 feet in altitude or 500 metres from you horizontally
- Ensure your drone is always in sight
- Always keep away from aircraft, helicopters, airports and airfields
- Use your common sense and fly your aircraft safely
- Any drone weighing more than 250 grams must be registered with the CAA and the drone pilot must complete an online safety test, obtaining a Flyer ID and an Operator ID that should be attached to the Drone.
- You must not fly within 50 metres of people, vehicles, buildings or vessels
- Your drone must not be flown within 150 metres of a congested area or any large group of people such as a concert or sporting event as you may be prosecuted
- If you intend to record in an area where people are, you must inform them before you start, as you will need to respect privacy, or risk being prosecuted
If your drone is fitted with a camera there are additional regulations you must follow.
- You must not fly within 50 metres of people, vehicles, buildings or vessels
- Your drone must not be flown within 150 metres of a congested area or any large group of people such as a concert or sporting event as you may be prosecuted.
- If you intend to record in an area where people are, you must inform them before you start.
The bold bits are most relevant for people who may find drones near their gardens.
Also, be aware that drones are operated commercially (and legally) and they may have permission from the CAA to be doing something that the general public can’t whilst remaining lawful.
Just about every police force in the uk also now operates drones, including consumer models like DJI Phantoms etc, shooting a drone down just because it’s there and annoying you could land you in a whole world of trouble if it turns out to be a police operated one. Imagine taking pot shots at a police car...
Simple solution is to issue licences for owning or flying a drone similar to issuing a shotgun licence. That way you restrict ownership only to those who have legitimate reason to fly one. Wanting to fly one just as a hobby is not really a legitimate reason when you consider all the dodgy things they can be used for.
How is flying a drone over someone’s house and filming it NOT creepy???
Would you like someone spying on your family minding their own business in your back garden??
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Still a very good shot at 30 yards.
Yes it was lucky you only used an air rifle, given a .22lr bullet can travel around 1500 yards, and centre fire calibres even further.
Started out with nothing. Still have most of it left.
Shotgun ownership is a hobby. Being part of a gun club with other like minded hobbyist types. Consider all other dodgy things they can be used for ?
What about radio controlled helicopters and aircraft? Should they require a similar licence or is wanting to fly one just as a hobby a legitimate reason for them?
Started out with nothing. Still have most of it left.
Old Portsmouth?If you want to be less than 50m from the building like this then you need the owners permission.
All radio controlled helicopters and fixed wing aircraft over 250g with or without cameras are now required to be registered with the CAA, and flyers have to pass a basic competency test and be issued with a flyer ID to be legal.
It’s as a result of drone mis-use I suppose, and was inevitable I guess. I don’t fly drones, but do fly RC gliders which is a great hobby (in my view!) and I don’t mind jumping through a few hoops.
Trouble is, just like with firearms, those who are up to no good don’t tend to worry about legalities!
Shotgun owners are checked out for criminal records especially anything involving violence, loss of temper and drunkeness.
Unfortunately, that doesn’t stop them being misused or falling into the hands of criminals does it.
Even when drones are flown illegally or irresponsibly, 99.99% of the time precisely nothing happens to harm anybody.
Let’s not make a mountain out of a molehill.
Don't agree with you there; you'd end up having to license binoculars and telephoto lenses. But for those who aren't aware, as of November last year you do at least need to register as a drone operator, if your drone is over 250g in weight.
https://register-drones.caa.co.uk/
Your drone must now be labelled with your operator ID.
I have a DJI drone myself, but haven't registered yet.
There is no perfect controlling system and whatever you suggest, there will be some sort of flaw in it. All you can do is to try and protect most of the people, most of the time.
Allowing someone to fly a drone unchecked over buildings is patently wrong in both terms of safety and privacy.
Yes, INEOS Team HQ next to the ferry terminal.
They’re all drones (unmanned r/c aircraft).
Firstly I don't have a drone and have no serious plans to get one but I have thought about it from time-to-time. Apart from anything else it's a 'lockdown' thing - I see a thread (here or elsewhere) about something, start reading up about it on the web, think 'ooh, I might give this a go' and then get distracted by something else.
Anyway, a couple of practical questions for those who know more than me...
- If I launched a drone from my back garden it would immediately be within 50m of our neighbours, their houses and the road at the front. Is this understood/accepted as long as it is only at the beginning/end of the flight?
- One thing I would be interested in would be a 'tracking' drone that could follow me when skiing or mountain biking. In fact I've been tracked by a friend's drone while skiing. From memory it was considerably less than 50m away - is that OK as long as the subject (me) doesn't mind? It was in the Pyrenees, not the UK - is the law quoted here UK only or European?
Last edited by MakeColdplayHistory; 18th April 2020 at 17:43.
The ‘drone laws’ around Europe are pretty harmonised, where they exist, and although there are country by country differences they all pretty much amount to the same thing.
Flying from your garden, yes, you’d be in breach of the regs by being too close to your neighbours properties. If you ask and obtain their permission, then you wouldn’t be, but that might not be practical depending on where you live.
For the follow me drone type stuff, if it’s for your own amusement (no commercial arrangement) and you agree to it, then it’s fine as long as you can still adhere to the other regs such as staying away from people you’re not in control of and maintaining minimum distances away from properties or structures that aren’t yours. In the U.K. you might run into trouble by not being in control of it at all times, if you are the operator, or your mate might fall foul by not being able to see it at all times if he’s the operator and you’re skiing away from him.
To be honest, drones for whatever reason strike fear into people. I started to fly them, for the landscape and aerial photography opportunities they bring, but stopped after too many awkward encounters even where I had permission to fly.
I can take a 3m+ model glider to some heathland or other public space and get nothing but interested people asking questions and wanting to watch.
Take the drone, and it’s ‘you shouldn’t be flying that thing here mate’ type stuff. They’re just not worth the hassle to be honest.
Last edited by Tooks; 18th April 2020 at 18:08.
I wonder how this will end?
https://www.reddit.com/r/LegalAdvice...in_our_garden/
Thanks All! Lots of interesting advice, comment and food for though. :)
My idea would have been an aerial still photo of a property, without any people in the shot - not video. However too much hassle I reckon, so not worth the effort.
If she gave you a receipt with her address on it may not be too late...
"A man of little significance"
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