Last updated: 5 January 2026
Companion to: Your Drone, Their Garden: Can You Legally Fly Over Private Property in the UK?
One-sentence answer: Yes, flying over private property isn’t automatically illegal in the UK, but you must follow CAA flight rules and you can still get into trouble for privacy, nuisance, or unsafe flying.
TL;DR (for people who only read the label on a LiPo)
- You generally can overfly homes/gardens if you’re operating legally and safely.
- CAA rules apply: fly within limits, don’t endanger people/property, and follow the right separation rules for your category/class.
- If your drone has a camera, privacy rules bite hard, especially where people expect privacy (like inside a home or a private garden).
- Don’t hover outside windows like a budget spy satellite.
Is flying over someone’s house or garden “trespass” in the UK?
A landowner’s rights over airspace aren’t unlimited. In practice, overflight alone is rarely the cleanest legal argument—most real-world problems come from how the drone is flown (low hovering, repeated passes, intimidation) and what it records.
Practical takeaway: Overflight itself is often not the main issue. Safety, privacy, and nuisance are what usually trigger complaints and enforcement.
What CAA rules matter most when flying over private property?
Your baseline is the CAA’s Drone and Model Aircraft Code (CAP2320, January 2026):
- CAA Drone Code (Jan 2026): https://publicapps.caa.co.uk/modalapplication.aspx?appid=11&mode=detail&id=10465
- CAA “Drone and model aircraft” hub: https://www.caa.co.uk/drones/
The rules that most often matter near homes/gardens:
- Don’t endanger people or property (the big “don’t be reckless” umbrella rule).
- Fly in the correct Open category sub-category (A1/A2/A3) for your drone.
- Never fly over crowds (small drone or not, crowds are a no).
- Where required, ensure Remote ID is enabled and working before flight.
What are the 2026 “quick rules” by drone weight/class?
Always verify the latest Drone Code, but these are the “field basics” people trip over most.
Registration / IDs (2026 thresholds)
From the Drone Code guidance:
- Flyer ID: typically required to fly drones 100g or above.
- Operator ID: required if the drone is 250g+, or 100g+ with a camera.
Start here (CAA registration and education):
https://register-drones.caa.co.uk/
Open category distance summary (how close to people)
Your allowed proximity depends on whether your drone is UK class-marked (e.g., UK0/UK1/UK2/UK3/UK4) and which Open sub-category you’re flying in:
| Sub-category | Typical drones | What it means in practice |
|---|---|---|
| A1 (Over People) | <250g or UK0/UK1 (and some transitional cases) | You can fly closer to uninvolved people than in A2/A3, and you may fly over uninvolved people, but not over crowds. |
| A2 (Near People) | UK2 (and some transitional cases) | You must not fly over uninvolved people; you must keep the required separation distances (some drones have a reduced-distance mode under specific conditions). |
| A3 (Far from People) | UK2/UK3/UK4, some legacy drones | You must keep well away from people and built-up areas (this is the “go somewhere quiet and empty” category). |
For the exact wording and exceptions (legacy vs class-marked), use the Drone Code link above.
Can I fly over private property with a camera?
You can, but privacy is what turns “legal flight” into “complaint generator.”
If you’re recording people where they reasonably expect privacy (inside a home, private garden areas, through windows), you may be stepping into data protection and privacy law territory.
Useful guidance:
- ICO guidance on CCTV and personal data (relevant principles still apply to drones): https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/cctv-and-video-surveillance/
- CAA reminder to respect privacy when using cameras/sensors: https://www.caa.co.uk/drones/
Practical “don’t get yelled at” checklist:
- Don’t hover low over gardens.
- Don’t point a camera into windows/over fences.
- Don’t publish identifiable footage without a lawful basis.
- If you’re doing commercial work, treat it like real data processing (because it is).
What about nuisance and neighbour disputes?
Even if a flight is aviation-legal, repeated low hovering, noisy passes, or “following” behaviour can cross into:
- nuisance (interfering with someone’s enjoyment of their home)
- harassment (if it’s targeted/persistent)
- privacy/data protection issues (if you’re recording/streaming people)
Rule of thumb: If the flight would feel creepy if someone did it to you, it’s probably a bad plan.
If you’re the pilot: best-practice “good neighbour” flying
- Take off/land from somewhere you have permission to be.
- Avoid sustained hovering over homes/gardens.
- Keep flights purposeful (short route, no lingering).
- Use Remote ID where required and check it’s enabled before flight.
- If someone is concerned, de-escalate: move away, land, explain politely.
If you’re the homeowner: what can you do legally?
- Don’t interfere physically with the drone (that can escalate quickly and may create legal risk for you).
- If it looks unsafe or endangering people/property, treat it as a safety issue and report appropriately.
- If it’s clearly filming into private spaces or persistently targeting someone, consider privacy/harassment routes and document what you can.
Start with official guidance and reporting information:
- CAA drones hub: https://www.caa.co.uk/drones/
- ICO guidance (privacy/data protection principles): https://ico.org.uk/
FAQ
Can I fly a drone over someone else’s garden in the UK?
Generally yes if you follow the CAA Drone Code and you’re not endangering people or property, but privacy rules can still make certain filming/hovering unlawful.
Is it illegal to fly a drone over private property without permission?
Overflight alone isn’t automatically illegal, but legality depends on how you fly (distances, category rules, safety) and what you do with cameras/recordings.
Do I need a Flyer ID for a small drone in 2026?
Typically yes if it weighs 100g or above. Check the CAA registration guidance to confirm your exact case.
Do I need an Operator ID for a sub-250g drone?
Yes if it’s 100g+ with a camera, or 250g+ regardless. Again, confirm on the CAA registration page.
Do I need Remote ID in 2026?
Remote ID applies to certain UK class-marked drones from 1 January 2026, with a phased approach for other cases. Check the current CAA guidance and your drone’s class mark.
Can people put up a “no fly zone” sign over their house?
They can put up the sign. It doesn’t create controlled airspace. In practice, CAA rules plus privacy/nuisance law are what matter.
Read the full long-form guide
If you want the deeper explanation (examples, edge cases, and more context), read:
Your Drone, Their Garden: Can You Legally Fly Over Private Property in the UK?
Or the companion link you included:
https://dronetrest.com/blog/drone-flying-over-private-property-uk
Disclaimer
This page is a practical summary, not legal advice. Drone rules and enforcement priorities change. Always check the latest official guidance before flying: https://www.caa.co.uk/drones/