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THE AIRSPACE Journal

Can You Use Drone Photos in a Florida Real Estate Listing?

Yes — with a Part 107 operator, airspace authorization where required, and a few Central Florida addresses where nobody flies. Here is the rule.

August 29, 20267 min read SunHaus Media · Central Florida

Yes. Aerial photos are legal in a Florida listing when the person flying holds an FAA Part 107 remote pilot certificate, the aircraft is registered and broadcasting Remote ID, and, where the address sits in controlled airspace, an airspace authorization is approved before the flight. MCO, SFB, ORL and ISM each have controlled airspace; the address decides. The restriction is not on the listing. It is on the flight.

There are also addresses where a listing shoot has no authorization path at all. The standing flight restriction over Walt Disney World is the clearest case in Central Florida.

The short answer, in four lines

  • The listing side answers to your MLS. Part 107 governs the flight, not where the photo is published; your MLS photo rules still apply to the listing.
  • The flight side answers to the FAA. The remote pilot in command needs a Part 107 certificate, and the aircraft needs registration and Remote ID.
  • Controlled airspace needs authorization first. Under 400 feet near a towered airport, authorization comes before the flight, not after.
  • Some addresses are closed to a listing shoot. The restriction describes no path for one. The aerial simply does not happen there.

What does the FAA require of whoever operates the drone?

Three things, and none of them are the agent's problem to solve — they are the questions the agent should be able to get answered.

A remote pilot certificate. Under 14 CFR §107.12 (ecfr.gov, amended November 3, 2025; accessed September 2026), a person may not manipulate the flight controls unless they hold a remote pilot certificate with a small UAS rating, or fly under the direct supervision of a certificated remote pilot in command who can immediately take direct control of the flight. The remote pilot in command needs the certificate too. Shooting a listing is a commercial operation, so it falls under Part 107. Our reading: a daytime, line-of-sight shoot uses none of the waivable exceptions, so it flies under the standard rules.

Registration and Remote ID. The FAA states that beginning September 16, 2023, a drone that requires an FAA registration number must also broadcast Remote ID information unless it is flown inside an FAA-Recognized Identification Area (faa.gov/uas/commercial_operators, updated March 25, 2025; accessed September 2026).

Line of sight. Under 14 CFR §107.31 (ecfr.gov, amended November 3, 2025; accessed September 2026), the aircraft has to stay within unaided visual line of sight — the pilot's, or a visual observer's working with the pilot. That single rule is why an aerial of a large acreage parcel is a different job from an aerial of a townhouse — and why an operator will sometimes say a shot you saw somewhere else is not available at your address.

Why did a photographer tell you "not at that address"?

Because of the second layer: airspace.

According to the FAA (faa.gov/uas/getting_started/laanc, updated August 25, 2026; accessed September 2026), drone pilots planning to fly under 400 feet in controlled airspace around airports must receive an airspace authorization from the FAA before they fly. That authorization can come through LAANC — the Low Altitude Authorization and Notification Capability — which the FAA describes as automating the application and approval process, and which the agency listed as available at 726 airports when we read the page in September 2026. Requests may be submitted up to 90 days before the planned flight (FAA Order JO 7210.3EE, ¶12-9-1, Change 3, effective July 9, 2026; faa.gov/uas/commercial_operators/part_107_airspace_authorizations, updated September 14, 2026; both accessed September 2026).

The nuance that changes your calendar: the FAA notes that requests inside the published UAS Facility Map grid can be approved automatically, in near real time, while requests that fall above the grid ceiling and below 400 feet AGL require approval by the Air Traffic Manager (FAA Order JO 7210.3EE, ¶12-9-1, Change 3, effective July 9, 2026; accessed September 2026). The FAA's authorization page says to apply for near-real-time approval on the date you wish to fly, and to submit requests needing further coordination at least 72 hours ahead (faa.gov, updated September 14, 2026; accessed September 2026). Automatic is near real time. Manual review is not.

So a competent answer to "can we get aerial here?" is not yes or no. It is yes at this ceiling, or yes with a request submitted ahead of the shoot, or no.

Which Central Florida airspace actually touches your listings?

A map in words, for the corridor most of our work sits in:

  • Orlando International (MCO) sits in Class B airspace (FAA Order JO 7400.11M, effective September 15, 2026; accessed September 2026). Class B is one of the controlled classes where Part 107 requires FAA authorization before the flight (14 CFR §107.41, ecfr.gov, amended November 3, 2025; accessed September 2026).
  • Orlando Sanford (SFB) is Class C. The FAA established Class C there and revoked the prior Class D designation in a 2005 rulemaking (Federal Register, 12/23/2005; accessed September 2026), and it underlies the Orlando Class B.
  • Orlando Executive (ORL) and Kissimmee Gateway (ISM) are towered fields with their own controlled airspace. ISM sits in the middle of the Kissimmee resort corridor — not on the edge of it.
  • Walt Disney World carries a standing federal flight restriction published as FDC NOTAM 4/3634 (tfr.faa.gov, permanent; accessed September 2026). If your address sits inside it, you are told before the shoot, never on delivery day.

Lay those over a map of Kissimmee, Davenport, Champions Gate and Four Corners and the answer stops being regional. The address decides.

What "aerial included" has to mean in writing

Aerial is part of every SunHaus package. It is not an add-on and it is not a line item you approve separately. The rate is set by the size of the property, with any travel fee priced into it, and the aerial does not move that number.

What it cannot mean is a guarantee at every address. Aerial is included subject to airspace. Where the airspace is controlled, the authorization is requested before the shoot. Where the airspace is closed — the Disney restriction is the clearest case — the aerial does not happen, and you are told before the shoot, not by a delivery folder with a hole in it.

That sentence belongs in your expectations before the shoot and, if you are marketing the aerial to a seller, in what you tell them too.

What to ask before the shoot

Four questions. None of them require you to know anything about flying.

  1. What is the exact address? Not the community, not the cross street. Authorization is geographic.
  2. Is this address in controlled airspace, and does the request go in ahead of time? If yes, the shoot date has to accommodate it.
  3. What is the ceiling here? A low grid ceiling changes what an aerial can frame. Better to know before than to receive it.
  4. If the answer is no, what replaces it? A closed address is not a broken deliverable. It is a different shot list.

When the aerial is off, the listing is not

An address inside a closed restriction still has a front elevation, a roofline, a lot, and — in this corridor — very often a pool deck and a community that a buyer wants to see. The aerial is one tool. Losing it costs you a context shot; it does not cost you the listing photos.

The failure mode is not "no drone." The failure mode is finding out on delivery day.

FAQ

Do I need my own drone license to publish aerial photos of my listing?

No, provided you did not fly the aircraft. Part 107 governs the remote pilot in command and whoever is at the controls. If you hired someone to fly, the certificate requirement sits with them: the remote pilot in command holds it, and anyone else at the controls flies under that pilot's direct supervision. If you flew it yourself for a listing you are marketing, that is a commercial operation and Part 107 applies to you (14 CFR §107.12, ecfr.gov, amended November 3, 2025; accessed September 2026).

How far ahead do I need to book if my listing is near an airport?

Far enough to submit the airspace request. Requests can go in up to 90 days before a planned flight (FAA Order JO 7210.3EE, ¶12-9-1, Change 3, effective July 9, 2026; accessed September 2026). Requests inside the published facility map grid can be approved in near real time — the FAA says to apply on the date you wish to fly — but requests that need further coordination should go in at least 72 hours ahead (faa.gov/uas/commercial_operators/part_107_airspace_authorizations, updated September 14, 2026; accessed September 2026). Give the shoot a date, not an hour.

Is there really nowhere to fly near the theme parks?

Near is not the same as inside. Walt Disney World carries a standing federal flight restriction published as FDC NOTAM 4/3634 (tfr.faa.gov, permanent; accessed September 2026). Outside it, the question goes back to controlled airspace and authorization, address by address.


Have an address you are not sure about? Put it through the booking flow. The rate comes back for that address, and if the airspace needs clearing, you hear it before the shoot. Aerial included.

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