Has CAA made some tweaks to clarify landowner permissions?

Legal & Privacy
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It looks like the CAA pages and drone code have been improved to make it clearer that we dont necessarily need permission from the landowner of the land being flown over. The “Where you can fly” page says to get permission from the landowner where you “take off and land”. It then leads to another page that quotes “where you can fly from”, the important word there being “from”. Not sure it was that clear last time I checked?

There’s also been a statement from the Counter Drone Team at the National Police Chief’s Council, in this Geeksvana video, where police stated “the legal stance is they don’t own the airspace the airspace is open let’s keep that nice and simple”.

FPV UK Article 16 authorisation also alludes to the same in the notes “Although there is no regulatory requirement to obtain permission to operate within controlled airspace, remote pilots are reminded…” … and lists some negligence rules.

I would say things are pretty clear now. Though I’ve also found some court cases that seem to show that flying low or close to buildings could be considered that the drone is on the land, thus tresspass and local byelaws would apply. I think that if you’re above the airspace used by the landowner, i.e above any trees or buildings, and flying responsibly then you’re legally fine in this regard.

2024-2025 also saw a lot of social media “audits”, where people tested the right in practice. One channel has a playlist of over 55 video encounters with the National Trust alone. In some of them the police are called as the auditor baited the staff. The police turn up, initially side with the Trust of course, and then as they make their enquiries the case unravels and the Trust staff are told that no offence has taken place. In the more recent audit videos from last few months it’s clear that the Trust have now advised staff not to approach anyone standing outside of their property.

Stating the obvious: I’m some shmo on the internet, not a lawyer, just a keen reader, make your own enquiries and judgement. I’m just sharing my thoughts.

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Really interesting as im currently considering a flight over National trust land in Norfolk, specifically above beaches that will be occupied by seals and their pups; I plan to not fly at any altitude that will disturb them and use zoom if i can. That said i suggest it could be a flight open to challenge from those who consider themselves interested parties. I dont plan to “trespass” and will pick my RTH with great care to make sure I’m not in line for challenge ……

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Is flying a drone over a wildlife zone any more intrusive than car noise, a low flying aircraft, or a ranger using a power tool? My attitude is to keep a distance. Even registered SSSI wildlife zones are considered Yellow, not Red in Drone Assist.

In fact there’s an airfield 15 min from me that regularly flies noisy WW2 fighter planes at very low altitude, right over a registered SSSI wildlife zone.

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Excellent. Fly at a sensible height, look confident and enjoy your day. :slight_smile:

It may be worthwhile checking Drone Scene to see who owns the beach. If it turns out to be Crown Estate then you are in luck. They state on their website that flying from and over their land is fine as long as it’s done within the drone code.

We have the right to overfly land owned by another. We don’t have the right to fly so as to cause annoyance or distress.

First rule of flying a drone. "Don’t be a dick … "

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There is however a caveat to Crown Estate land (excluding the foreshore) if it’s being leased or maintained by a third party so it’s always worth investigating..

" On occasions, third parties such as Government agencies or local authorities may restrict the flying of UAD’s on Crown Estate land. We therefore recommend checking with the appropriate authority to ensure that no such restrictions are in place. "

1 Like
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That all makes sense - thanks for sharing