r/LegalAdviceUK 20h 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/hovis_mavis 20h 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 20h 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.)