Ok, hopefully this puts it to bed. I emailed the CAA this morning and got a swift response. I approached the matter as a land owner. I would argue if this however went to court, A drone pilot would find it very difficult to defend themselves and the legal team from somewhere like the NT would find something that works for them and get a landmark ruling. Therefore I say. Let’s just get on with what we are doing.
I wouldn’t take the response as a legal advice to do what the hell you want. Be sensible, apply common sense, follow the drone code, especially in relation to crowds (if an NT property is busy at 2pm on a Sunday afternoon, or you have no way of seeing from a distance if an awkward garden space where getting out the way of falling drone would be difficult, don’t fly over it for example until it’s closed)
I asked:
Hello,
I am probably messaging the wrong department, if you could forward to the correct one if necessary, that would be helpful.
I am after clarification of section 76 of the Civil Aviation Act 1982. A number of online sources claim that the upper stratum airspace above a property is considered to be 500 to 1000 feet above roof space level and this is considered public space, giving no legal rights over it.
Drones have a maximum flight altitude of 400 feet from the ground. So therefore if someone is flying a drone directly over my property at between 50 and 400 feet could I consider it trespassing on my land.
Again according to some online sources the legal definition of lower stratum airspace states this is airspace immediately surrounding your property and that any interference of it could affect your personal enjoyment. Essentially, you own the airspace immediately around your property, which means you have a legal right to prevent people intruding on that space.
However, despite these sources saying this comes from section 76, having read it here: https://www.legislation.gov.uk/ukpga/1982/16/section/76/2019-05-08 I see no mention of these definitions.
Could it be clarified please, ideally in plain English where possible.
The Response was:
Thank you for your enquiry.
In the UK, airspace is not legally owned by anyone, that includes the airspace immediately above residential properties.
Drones are subject to operating restrictions, which includes the requirement to not fly within 50m of any people or property. Additionally, drones should not fly within 150m of built-up urban areas.
You may find this factsheet useful DRONE RULES: FLYING IN TOWNS (OR BUSY AREAS) (caa.co.uk)
I hope this helps.
Kind regards
Richard Taylor
Communications Department
Civil Aviation Authority