It is not necessarily illegal to own or fly a drone. The legislation surrounding the use of drones is complicated and is dependent on where they are used, when they are used, how often they are used, the weight of the drone, the altitude the drone is flown at, whether the drone has the capability to carry a camera and the drone is being used for a commercial operation or recreational use.

Including a condition within the tenancy agreement (or house rules) preventing a tenant (or guest) from flying a drone raises a few questions:

  1. By whom, how and when would this condition be enforced?
  2. If owning and flying a drone is not necessarily illegal, is it unreasonable to have a condition in the tenancy agreement preventing a tenant (or guest) from owning or flying a drone?
  3. How can you be sure it is the tenant (or guest) flying the drone and not someone launching the drone from an adjacent land/property?

If a neighbour is concerned about drone flying and believes the drone is being launched from your property they should in the first instance raise their concerns with whoever is flying the drone.

Drone technology is evolving quickly and so too is their usage and in the foreseeable future manned and unmanned drones will be commonplace in our communities.

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Can I prevent a tenant or guest flying a drone over the property?
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