20/10/2025
‼️REAL ESTATE AGENTS & AGENCIES‼️
(BE CAREFUL WHO YOU USE)
Drone use for photographing property in South Africa — the law
If you fly a drone to photograph property and you don’t meet the SACAA requirements for the type of operation (commercial vs recreational), you can face criminal penalties (fines and even imprisonment), have your aircraft seized, and be exposed to civil liability and privacy-law penalties. Get the right registration/permission or hire a licensed operator.
1) Which rules apply
SACAA / Civil Aviation Regulations Part 101 (UAS/ RPAS) — all unmanned aircraft (UAs) must be operated in line with Part 101 (registration, pilot competence, operational limits). Commercial use (including taking photos for sale/marketing/agency work) falls under the regulated category.
Privacy / data laws (POPIA) — taking/processing images of people (or other personal information) can trigger the Protection of Personal Information Act; you must have a lawful basis and handle images responsibly.
2) What you must do for commercial property work (typical real-estate photography)
Register the UA with the Director (SACAA) and comply with the registration rules in Part 101.
Hold the necessary licence/authorisation — commercial operations require the appropriate remote-pilot licence / operator approvals under Part 101 (RPL / UAS operator certificate / UASLA or similar).
Follow operational limits: keep the UA within visual line-of-sight, fly below the statutory height limit (~120 m / 400 ft AGL), keep prescribed separation distances (e.g. ~50 m from people/property unless permission obtained), do not operate within restricted/controlled airspace (e.g. within 10 km of aerodromes) without written approval. See SA-CATS / Part 101 for exact technical requirements.
3) Consequences of flying without the right licence/permission
Criminal penalties under the Civil Aviation Regulations — Part 101 offences can attract prosecution. Public reporting since the regulations came into force consistently cites fines up to R50,000 and imprisonment of up to 10 years for serious offences/ negligent endangerment (multiple SACAA/Gazette and news reports refer to this penalty range).
Seizure / enforcement — equipment may be confiscated and you may be barred from future operations by the regulator.
Civil liability — if your drone causes injury or property damage you can be sued for damages and may have to meet third-party liability claims (operators are required to have insurance for certain operations).
Privacy/data penalties under POPIA — if you capture identifiable people or personal information without lawful basis or consent, you risk administrative fines, enforcement actions and reputational harm (POPIA penalties and enforcement by the Information Regulator).
4) Practical points for property photographers / estate agents
If the shoot is for a commercial purpose (listing photos, marketing, paid job), treat it as commercial — don’t assume “recreational” rules apply. Hire a SACAA-compliant pilot/operator if you don’t hold the required licence.
UAV Coach
Always get written permission from the property owner (and from any identifiable people filmed). That helps with both operational safety and POPIA compliance.
Check local municipal by-laws and national park / protected area rules — some places ban drones outright.
Keep flights daylight, VLOS, below 120 m, and well clear of airports, crowds, prisons, hospitals, national key points, etc.
