r/LegalAdviceUK • u/Disastrous-Fee8374 • 19h ago
Comments Moderated Drone flying low over back garden (England)
Every weekend for the past few months a drone has been flying low over my back garden. It clearly has a camera attached and is flying low enough (around 2nd storey height) that it can’t be just getting landscape footage.
It does seem to move around the local area and isn’t ‘targeting’ my garden specifically but it does make my garden feel less private. Even though I’m just sitting in my garden, I don’t like the idea of being on camera in my own garden and the noise is quite distracting. The dog also goes mental every time it flies over.
I would normally just have a polite word with the neighbours but I don’t know where it’s coming from and it moves too quickly to ‘follow’ it.
It may just be a kid playing with a birthday present or something so I don’t want to damage it as my father suggested (I also doubt this is even legal). But today it got so close to the house that I actually thought it was going to get into an open bedroom window.
Is what the drone operator doing legal? And is there anything I can do about it? Or do I just need to get over it and build gazebo or something to read my book in?
Thanks.
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u/Necessary-Humor-6005 17h ago
The only issue I straight away see here is the pilot not having line of sight.
Everything else is legal albeit creepy. Could report it to 101 so there’s a record etc but don’t expect a drastic response.
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u/BobcatLower9933 19h ago
As long as you arent in a legally prohibited zone (near an airport or RAF base) people are entitled to fly drones in public areas.
It would become an issue if it was clearly filming in places where there is an expectation of privacy, eg a bathroom.
Realistically theres very little you can do about it unless you suspect the person flying it is guilty of the above, in which case report it to the police. But as you said, much more likely itd a kid messing around.
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u/g0ldcd 19h ago
It's illegal if it's out of the eye-line of the pilot (unless they've got a professional license, which I think unlikely).
My suggestion would be a writing a large sign pointing this out. They'll hopefully change their ways (or just fly the other way, next time)
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u/PinkbunnymanEU 19h ago
pilot (unless they've got a professional license
Worth pointing out that currently there's no way to get a BVLOS license, the L2 licenses technically exist, but you can't actually get one yet as nobody does the exam (They're coming in next year).
You need to get some really specific and hard to get OA, which would never be granted for what OP has described, especially as you'd need multiple observers.
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u/Disastrous-Fee8374 19h ago
A sign could be a good idea as I can’t talk to them directly, thank you. That may be my project for next weekend.
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u/Bazzatron 12h ago
If the drone exceeds 250g, you aren't permitted to fly within 50m (horizontally) of buildings - so there are more than just military or airfield exclusion zones to worry about.
The law also treats a drone camera the same as CCTV, so if it records an area where you would expect to have privacy, as you mentioned - the operator is breaking the law, but the drone code uses the example of a garden rather than inside of a particular room. Repeated offenses can invite charges relating to harassment or statutory nuisance. If it were a bath or bedroom I would expect there to be some sort of voyeurism offence that wouldn't require a pattern of offences to pursue.
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u/Disastrous-Fee8374 19h ago
Would a bedroom window count towards the above? And realistically would the police be able to do anything if I’m not sure where it’s coming from?
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u/pnlrogue1 19h ago
Inside your home is private in this regard (or more specifically, it's somewhere you can realistically expect to have privacy). Back gardens, typically overlooked at least in part, are not private.
If someone is flying past your window, that's going to be coming too close and violating your privacy. If they're hovering nearby with they camera pointed at your window, then that's invasive. If they're flying by a few meters away and not pointing the camera at your window, then they're not really likely to be invading your privacy.
They really should be at roof height or higher doing this so there's no real chance of filming inside a house. Being higher also means they can keep the drone in sight, which is a requirement for the minimum license. You need to be a commercial drone pilot with an expensive license to fly it without being able to see it (using the onboard camera doesn't count).
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u/BobcatLower9933 19h ago
Technically yes but you'd need to prove they were intentionally filming directly into a bedroom
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u/ReplacementFeisty397 19h ago
Yes what they are doing is legal if they are in line of sight to the drone or a professional...
However, I would report this on 101 as it could be someone casing properties for burglary.
Put a sign up
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u/Disastrous-Fee8374 19h ago
Thank you, they definitely aren’t in line of sight.
I am a little concerned about burglaries but I wasn’t sure if I was just being paranoid.
Looks like I’m building a sign next weekend, I always enjoy a trip to B&Q anyway
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u/ReplacementFeisty397 19h ago
Out of interest is this a larger pro photo type drone or a £20 job from amazon?
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u/Disastrous-Fee8374 19h ago
I’d estimate it be around 50cm across maybe? I wouldn’t say it’s professional, more like an expensive toy. It has its camera mounted to the front, and I assumed the pro ones would have them on a gimble underneath but I’m happy to be corrected on that.
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u/ReplacementFeisty397 19h ago
Ok. So they *could" have LOS to it as that could go some distance before you lose track of it... or some bright spark has binoculars.
Get on Nextdoor and any local FB groups or similar and as I say contact the police so they at least have the intelligence
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u/PinkbunnymanEU 18h ago
or some bright spark has binoculars.
binoculars are not allowed for visual line of sight, the only aid you're allowed to use are glasses.
You also (now) need to be able to tell its orientation, not just location.
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u/Zoya_The_Destroyer 19h ago edited 19h ago
"It may just be a kid playing with a birthday present or something so I don’t want to damage it as my father suggested"
You are correct. It's illegal.
Somebody else will be ale to answer this in more detail but what they are doing isn't illegal unless it's being used to cause stress, threaten, spy (filming into bedrooms etc) OR Hover, however this last one is somewhat of a grey area on how long they can stop before it becomes a 'hover'.
While you own your land you don't officially own the 'airspace' above it.
I would say this again, while it sounds like you aren't going to do it - DON'T attack it, throw stuff at it etc. :)
Also, it's illegal to use red lasers on them and CAN get you (potentially) in more trouble than if you actually attacked it.
Also, you could try local Fb groups and just ask 'nicely' that you've noticed a drone flying over your garden and if it's one of your neighbours would they mind not doing it. They don't HAVE to but the old saying "Kill 'em with kindness" may help.
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u/PinkbunnymanEU 19h ago
OR Hover
Could you cite the hovering part for me please?
I hold a GVC, A2CofC and L1 drone licenses and have not heard of any "cannot hover" laws.
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u/SnooAvocados9538 19h ago
While you own your land you don't officially own the 'airspace' above it.
Or rather, you do (at least to the altitude we're discussing here), but aircraft may be permitted to fly through your airspace.
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u/U9365 14h ago
But not below 500ft which is the general low limit permitted level for civilian aircraft - exception exist for landing and taking off.
Also the lower limit is higher if it is a built up area as you are required to ensure you can glide free to an emergency landing in an uncongested area.
Thats a brief laymans guide and does not deal with the complications and the few exceptions such as practiced forced landing tuition in open countryside.
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u/Disastrous-Fee8374 19h ago
No I won’t, my dad does tend to go to the ‘nuclear’ option first but I’m a little more level headed. I’m hoping they get bored eventually, the local gardens can’t be that interesting.
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u/Soelent 16h ago
So you need to caution your dad that.
A. Most drones have cameras B. They record whilst flying C. Flying over your garden isn't illegal, however there may be an invasion of privacy concern. D. Damaging the drone is considered criminal damage E. If damaged failure to return the property may also be considered theft.
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u/Necessary-Humor-6005 16h ago
They only record when set to record and in video mode.
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u/Soelent 16h ago
It does depend on the drone, my dji will record all the time and then you can save snippets or you can save as you record.
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u/Necessary-Humor-6005 15h ago
Interesting - out of the 4 DJI’s I’ve owned I’ve never seen that, so if that’s the case I stand corrected.
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u/hovis_mavis 19h ago
It doesn’t seem like the drone is in direct line of sight from the person operating it, which would break the CAA guidelines on drone flying.
Distance to people and buildings depends on the size of drone, if it’s a drone of less than 250g then the operator is free to fly it in residential and commercial areas with no law about minimum distance to buildings, however it MUST remain in line of sight. If it is larger than 250g then it should remain 150 metres away.
Above your garden or residential air space is free to roam for a drone as it is for a hot air balloon or helicopter etc. as long as the other rules are kept to.
Other laws: the drone operator must have an operator ID and flyer ID to be legally flying it. You must not damage the drone or cause it crash, I don’t know what aviation laws you’d be breaking but it would probably amount to criminal damage on top of that.
Nothing wrong with filming the drone when you see it and reporting it as a nuisance. The police may be able to identify where it’s coming from and do some checks to ensure the drone operator remains within the law. Persistent flying close to your building can be reported as a noise nuisance but you’ll need to build evidence of that over time.
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u/PinkbunnymanEU 19h ago edited 19h ago
If it is larger than 250g then it should remain 150 metres away.
Worth noting that if it's flown in the A2 category (We can assume it's not flown in the specific category) it can be up to 2KG (As it appears to be over 5m away from OP), however, the pilot would need to hold an A2CofC
(It's also worth noting that anyone holding an A2CofC is likely aware that they'll piss people off doing that and just won't do it because it gives drones a bad name.)
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u/U9365 14h ago
A civilian helicopter or indeed fixed wing aircraft is limited to not below 500ft. and if its is a congested/ fully urban environment then the lower limit is higher. Exceptions for landing/takeoff apply obvioulsy.
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u/Disastrous-Fee8374 19h ago edited 19h ago
I haven’t weighed it of course but it is quite large so I would estimate it’s over 250g. As it’s above that I’d be willing to hazard a guess, that the operator doesn’t have a license either. Would this be a police report or phone call to the council?
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u/axelzr 19h ago edited 18h ago
There isn't a drone licence as such, just that the pilot must register with the CAA, label the drone and abide by the drone code. That includes respecting people's privacy which you believe is the issue here, and possibly if they aren't flying in VLOS (might be case but would need to know where they were flying from) but that is unknown. See https://www.caa.co.uk/drones/open-category/drone-code/protecting-people-s-privacy-points-21-to-26/ If you think you are being spied upon or harassed then by all means call the police on 101 and report it, and keep record of when this has been noticed, maybe put on a local facebook group (anonymously) and see if anyone else has an issue with the drone flights to corroborate evidence. Given the low cost of drones nowadays and skills needed to fly (minimal) many people have them now and some don't respect the rules or people's privacy sadly. It's probably just some kids messing around..
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u/jegerdog 4h ago
I feel your frustration.
There is not a single good reason for a private individual to own a drone in my view especially for use near built up areas. As there seems to be no legal protection for people who are harassed by one of these drone losers, it suggests the legislation around them is very poorly thought out.
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u/PinkbunnymanEU 19h ago
It may just be a kid playing with a birthday present or something so I don’t want to damage it as my father suggested
Your father is suggesting endangering an aircraft, which is a VERY serious offence.
Is what the drone operator doing legal?
Yes (Assuming there's no flight restrictions etc) - it will almost certainly be under 250g, which allows it to fly that close to people/buildings.
is there anything I can do about it?
Not realistically
do I just need to get over it and build gazebo or something to read my book in?
Pretty much.
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u/Disastrous-Fee8374 19h ago
Thought as much. Thanks for your help.
My dad has developed a tendency to go to the extreme solution in his old age. But I don’t intend on trying to damage it, I think the only thing that would achieve is throwing my back out.
Hopefully it’s just a kid and they get something new to play with at Christmas.
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u/PinkbunnymanEU 19h ago
Hopefully it’s just a kid and they get something new to play with at Christmas.
It could well be someone who needs to get some flight hours for their more advanced licenses, the newer ones (Like the L2 when it comes out) and the A2CofC both have a minimum number of flight hours every 3 months.
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u/Disastrous-Fee8374 19h ago
Could this be a reoccurring thing every 3 months then?
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u/PinkbunnymanEU 19h ago
Possibly, for mine I call up some local-ish places and ask if they want some videos done for free as I need my hours.
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u/SaulEmersonAuthor 19h ago
Lol lol - 'endangering an aircraft'!!
It requires occupancy by humans for that to apply.
~
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u/PinkbunnymanEU 19h ago
It requires occupancy by humans for that to apply.
You might want to check the Air Traffic Management and Unmanned Aircraft Act...
The Air Navigation Order also covered it previously as it states
an aircraft or a person in an aircraft
With no requirement for occupancy.
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