- Tags: Law, Gold Coast Community, Selling Property
Is using drone footage to sell your home legal and does it work?
With the relaxation of drone laws in September 2016, and the recent Pauline Hanson incident resulting in this CASA investigation - concerns about the increasing use of drones for both recreational and commercial purposes, including for the purposes of selling real estate, has sparked debate across the nation.
What is a drone?
A ‘drone’ is the commonly used term to refer to ‘unmanned aerial vehicles’ (UAV) or ‘remotely piloted aircrafts’ (RPA). Drones are essentially remote controlled flying objects. Technology in this area has developed quickly in recent years, which has made advanced drones equipped with professional video cameras, infrared sensors, and capable of top speeds of more than 100km/hour more affordable to the general public.
Who is allowed to fly a drone?
In September last year, the requirement to apply for a pilot’s license, pay $1,400 in fees and maintain flight manuals was abolished for drones under 2 kilograms. Instead, operators just need to register with CASA and, if flying commercially, notify them 5 days before the planned flight of their drone.
What laws are there about flying drones?
Drone operators must comply with drone laws stipulated by CASA, which include: - Only operating the drone during the day
- Only flying one drone at a time
- The drone must not leave the line-of-sight of the operator at any time
- Drones must not fly higher than 120m
- Drone must not fly within 30m of other people
- Drones must not fly over populous areas including beaches, park and sporting ovals
- Drones must keep 5.5km away from controlled aerodromes such as airports and helicopter pads
- Drones cannot fly over or near an emergency operation including traffic accidents, firefighting situations, police operations etc.
For the full list of laws around drone flight, I recommend a visit to the CASA website. Around 100 operators last year received warnings for the unsafe operation of their drone, and 15 operators faced fines ranging from $900 to $9,000 – so if you’re planning to fly a drone, it would be wise to brush up on the law first.
What about privacy?
Currently, there is no explicit law regulating privacy as it related to drones, and their ability to film video and audio recordings of individuals as they go about their daily business.
As it stands, there has not been any recorded cases in Australia of an individual taking action against a drone operator for breaching their privacy, and it is not even possible to take action against a drone operator under the Privacy Act, unless the operator is working for an organization with an annual turnover for more than $3 million.
So while the Privacy Act provides some protection, there is no explicit regulation around drones and privacy. Depending on your State’s legislation, individuals would most likely be relying on local anti-stalking and anti-surveillance laws should they wish to take action. Choice summed the issue up in this article on drones and privacy rights:
“So if you're wondering whether you can legally spy on your neighbours or other persons of interest with a drone, the answer is currently unclear. Anti-stalking legislation may forbid such activity in some cases, and some legal experts say recording activity on private property would be illegal in most states. Others say there really are no hard and fast rules at the moment. In any case, there's nothing encoded in law regarding recreational drones and privacy."
At First National, while the Privacy Act does apply to us, we still believe a little bit of common sense and courtesy goes a long way too. If we are using a drone operator to film a property we have for sale, we try to notify neighbours in advance so they are prepared and are aware of what is taking place near their home.
I’m selling my home. Is it worth getting drone footage of my property?
Many drones these days are equipped with technology that can take incredible, professional level, high resolution photos and videos; offering buyers stunning new perspectives on your home, land and surrounding features of your area. It works particularly well for large properties, waterfront properties and acreage.
Drone footage is becoming an increasingly popular part of our property marketing plans at First National Palm Beach, The Pines and Burleigh - and with the stunning natural features of the Southern Gold Coast, it's not hard to see why. Drone footage can be incorporated into a short video which can be used to promote your property on Domain, RealEstate.com.au and social media platforms to boost interest from buyers. I encourage you to view these two examples of property videos that incorporate drone footage:
Drone footage of 870 Tallebudgera Creek Road, Tallebudgera Valley QLD
Drone footage of 208 Nineteenth Ave, Elanora QLD
How can I get drone footage of my property and how much does it cost?
If your property is located outside of the no-fly zone for the Gold Coast airport, which extends as far as some parts of Fifteeth Avenue in Palm Beach, getting drone footage is not as expensive as you may think and usually costs $300 - $400. If your property is located within controlled airspace, a special pilot would be required to operate the drone which could cost twice as much.
To organize drone footage for your property, just talk with your First National sales agent about including it in your marketing plan.
Do you have something to say about drones operating in your suburb? Leave a comment below.
by Nikki Tuarau
Is using drone footage to sell your home legal and does it work?
palmbeachfn.com.au July 2017 First National Palm Beach 15 Palm Beach Ave Palm Beach, Queensland 4221
Phone: 07 5559 9600