The use of aerial drones for residential real estate photography has been skyrocketing in recent years, even as their use remains illegal for commercial purposes, according to the Federal Aviation Administration (FAA), That could change in the next year as the agency is expected to issue new rules that may allow realtors to utilize drones without fear of violating the law. Many realtors are already using the devices even without obtaining legal permits. “Yes, drone photography is being used in real estate, despite the FAA regulations which limit commercial use,” says Laurie Moore-Moore, of the Institute for Luxury Home Marketing, a Dallas-based company that certifies and trains luxury real estate agents. “Drones are a useful technology in making mini-movies for specific real estate listings and have been used for sweeping aerial shots to show the properties in context. They offer more flexibility and lower cost than more traditional helicopter or small plane photography. Realtors are holding their breath that by the end of the year the FAA will give the okay to use this high-flying tool to create effective real estate video promotions.” More: How to Sell a Luxury Property Realtors have reason to be hopeful that the forthcoming FAA rule changes will allow them to freely operate drones, but exactly when that will be is still uncertain. At a congressional hearing in June, a senior FAA official declared that rules for commercial drone regulations would be in place within a year. The FAA Modernization and Reform Act of 2012 tasked the FAA with implementing clear-cut regulations allowing for the commercial use of UAVs, (Unmanned Aerial Vehicles.) by no later than September 30, 2015, according to the National Association of Realtors. Right now, the FAA still bans realtors from using drones to take photos of properties they are listing, but since the beginning of the year, several agencies have received legal exemptions. Douglas Trudeau, of Tierra Antigua Realty in Tucson, became the first realtor to receive a permit to operate a drone for commercial use. The FAA is requiring realtors who operate drones be trained as private licensed pilots, making it prohibitively expensive for many.
Despite the current rules, the FAA has not been cracking down on violators and realtors without exemptions continue using drones as a marketing and sales tool for showcasing luxury real estate. Christine Battista, the co-owner of Denver and Beyond: The Battista Team, based in Denver, has been using drone photography and video for four years and says that the results have been astounding. “The residential photography is clearer than that of a helicopter or airplane zoom and there is a clarity and emotional experience not encountered in other mediums,” she said. Battista hires several drone photographers to shoot real estate around the Denver metropolitan area and they collaborate on scripting a mini movie that focuses on highlighting the property and its amenities. A recent 5-minute drone shot mini-movie at a 50,000 square foot home on a 70-acre property near Denver, portrayed a man and his son idyllically fly-fishing in one of the ponds nestled on the estate. The goal was to emphasize the estate’s water rights that she says are “gold” in western states. More: Boulder's Luxury Boom Battista has discovered that producing these films enlivens the properties in a way that an MLS or virtual tour never can. Battista’s husband and business partner Carl coordinates the production schedule with the drone photographers, first by receiving written permission from the home seller. She says they won’t fly in areas deemed off limits or no drone zones such as near airports or parks. “We’re rule followers, not rule breakers,” Battista said. Other realtors were less comfortable openly discussing the use of drone technology. “After the FAA has the public hearing period then we all probably can legally do this or hire it to get done ,” said another Colorado realtor who requested anonymity because he said he doesn’t want to become the “poster realtor for the FAA.” “Truthfully, the genie is out of the bottle. It’s now about public safety and the rules of operation. We’ll get there, maybe this year.”