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June 29, 2016

Final Drone Rule Gives Clarity to Real Estate Professionals

By Nathan Walldorf, ABR, GREEN, GRI, SFR, e-Pro

President, Greater Chattanooga Association of Realtors

The popularity of unmanned aerial vehicles (UAS), commonly known as drones, has grown significantly in recent years. And the real estate industry has been paying close attention. More than a year ago, the Federal Aviation Administration (FAA) released its proposed rules regarding how real estate professionals could use drones to aid clients in the marketing and selling of property.

The real estate applications for drones are varied and numerous. Property managers and home inspectors are interested in the use of drones for property inspections. Property owners and Realtors appreciate the uses of drones to capture videos and pictures that help visualize and market properties. These technologies can assist Realtors in marketing properties in a way that once was cost-prohibitive.

The FAA's final rule goes into effect Aug. 1, and encompasses much of what was contained in the rule proposed early last year. Specifically, the new rule includes:

Education provision: New certification for "remote pilot in command" authority is less burdensome than a pilot's license. The test is administered at FAA testing centers and is knowledge-based only. The cost is about $150, and will require around 20 hours of study time. The test itself is three hours long. Operators will also need to pass a background check performed by the TSA.

Flight operations permitted: Flights may be conducted during daylight hours, or during civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. The pilot must have visual line of sight, and may not fly the drone directly over non-participants. Pilots may go as high as 400 feet and no faster than 100 mph. Provisions for flight over non-participants will be addressed in the next rulemaking, microUAS, which was the subject of the March 2016 Aviation rulemaking committee.

Waivers: Many of the operational requirements can be waived, which leaves room for innovation and experimentation with the technology.

Notice: No provisions for notice to bystanders. This could present problems for operations in denser areas, but Realtors can work with UAS service providers to find a solution.

The finale rule provides long-awaited guidance for the real estate industry. We feel the new rule will create a broader base of trained operators and service providers. Also, the rule will result in more predictability in the market for drone services and providers, as well as make this service more accessible to real estate professionals to use for the benefit of their clients.