Drones

Flying Drones in and Around the Village: What You Need to Know

Small recreational drones* are becoming increasingly popular. However, not everyone welcomes them. When people see a drone near their home, it’s not uncommon for them to assume the worst – that it’s being used irresponsibly, or even to spy on them. In reality, this is rarely the case.

Only high-end, professional drones are equipped with cameras capable of zooming in with any real clarity. Most recreational drones have cameras similar in quality to those on a mobile phone. They’re simply not capable of capturing detail or recognising faces beyond about 20 metres – and they certainly can’t peer through windows.

We’re fortunate to live in an area of great natural beauty and historic interest – some of which can only truly be appreciated from the air. It’s understandable that people want to use drones to explore this perspective and to take photographs. Drones offer a unique and valuable tool for doing just that.

Nevertheless, when drones are seen over the village – particularly near homes – it can cause concern. Reactions on social media, in particular, can sometimes become quite heated. To avoid misunderstandings and ensure everyone feels respected, this article sets out the current legal guidance on responsible drone use in and around our community.

The Legal Position

The most common concern is when someone sees a drone flying directly over their home, especially at what appears to be a low height. There are two important points to consider:

• What the law allows
• What constitutes acceptable and considerate behaviour

The two are not always the same.

What the Law Says

In the UK, it is not against the law to fly a drone over private property, provided the flight is conducted responsibly.

You are permitted to fly a drone over someone else’s land, house, or garden, as long as you follow the established safety rules, which include:

• Maintaining a distance of at least 50 metres from people, buildings, vehicles, and boats
• Keeping 150 metres away from large groups of people or congested areas

These requirements are in place to protect public safety.

The Civil Aviation Act 1982 sets the legal framework. Section 76(1) states that drone operators may fly over private land at a “reasonable height”, and that doing so is not considered trespass.

What’s Considerate

That said, just because a drone flight is legal does not necessarily mean it is welcome. Drone operators should always consider how their actions may appear to others.

Flying directly over homes or gardens – particularly at low altitude – can be intrusive and upsetting. Operators should ensure their drones are flown high enough to avoid causing alarm or appearing to invade privacy.

All drones must now be registered and display an official operator ID. Responsible users will also carry public liability insurance and, in many cases, hold Civil Aviation Authority (CAA) qualifications. These measures help ensure the hobby is pursued safely and respectfully.

Drones and Privacy

It’s important to understand that privacy laws are separate from drone flight rules.

Where drones can fly is governed by the CAA.
What drones can record is governed by data protection legislation.

Footage recorded by a drone is subject to the same laws as CCTV, including home security systems and video doorbells. This means any images or recordings that identify individuals may fall under the Data Protection Act (1998 and 2018) and the General Data Protection Regulation (GDPR).

If a drone operator captures personal data – for example, someone clearly identifiable in their garden – they must ensure the footage is obtained lawfully, stored securely, and used fairly.

If You Have Concerns About Your Privacy

If you believe a drone has recorded or collected personal data without your consent, the first step is to contact the drone operator directly.

Under data protection law, you have the right to:

• Ask whether your personal data has been captured
• Request a copy of the footage
• Request that the footage be deleted if it is being used inappropriately or without your consent

Most issues can be resolved quickly and amicably by speaking to the operator.

In Summary

Drones can provide significant benefits. In our community, they’ve been used to capture powerful images of the local landscape – helping to support campaigns such as STAUNCH’s effort to protect the Glebe Land and Castle Manor Farm from development. They’re also regularly used by estate agents to market homes and by local historians to document heritage sites.

But drone users must balance their interest with respect for others.

Avoid flying over private property where possible.
Even if you’re not committing an offence, you could still be causing distress.

Let’s all play our part in keeping the skies – and our village – safe, respectful, and peaceful.

Note: This guidance applies to drones under 250g used for recreational purposes. Heavier drones or commercial use may be subject to additional rules.

Antar Howarth, 2024

*weighing under 250 grams