Flying a drone on the Costa del Sol: essential checklist for real estate photography and videography.
Flying a drone on the Costa del Sol: essential checklist for real estate photography and videography.
Aerial photography has become a common tool on the Costa del Sol. Showing a property from the air helps to better showcase the surroundings, the actual distance to the sea, the privacy of the garden, the integration into the development, and the panoramic views. For this type of work, many professionals use drones weighing less than 250 g because of their lightness, discretion, and good balance between image quality and ease of use.
Even so, just because the drone weighs less does not mean that it is exempt from European UAS (drone) regulations and specific Spanish regulations, which impose clear obligations on the operator and may have indirect implications for those who hire these services.
This article summarises in a practical way the requirements that must be met when using drones, mainly those weighing less than 250 g, for real estate photography on the Costa del Sol, and what should be checked when hiring an aerial photography or videography session for real estate.
1. What does working with a sub-250 g drone involve?
Drones weighing less than 250 g generally fall into the open category A1 defined by Implementing Regulation (EU) 2019/947.
In this category:
– You can fly near uninvolved persons, avoiding deliberately flying over them.
– It is prohibited to fly over gatherings of people.
– The general maximum height is 120 m above ground level.
– The drone must always fly within direct line of sight.
These limits are the same for both recreational and professional flights. When it comes to real estate photography, the operation is clearly professional, even if the device weighs less than 250 g.
2. Basic requirements to be met by the operator
2.1. Registration as an operator with AESA. Since the entry into force of the European UAS regulations, any person or company wishing to fly a drone with a camera (even if it weighs less than 250 g) must register as a UAS operator with the State Aviation Safety Agency (AESA).
Some key points:
– Registration is done online.
– It is necessary when the drone incorporates a camera or sensors that can capture personal data, unless it is strictly a toy.
– AESA assigns an operator number, which must be clearly visible on the drone.
– If the pilot cannot prove this registration, the operation is not in line with the official framework.
2.2. A1/A3 training
In the specific case of drones weighing less than 250 g:
Formal A1/A3 training is not strictly mandatory according to AESA’s current interpretation for certain recreational cases. However, AESA offers free, standardised online A1/A3 training and examination, and recommends that pilots are familiar with the regulations before flying.
In a professional context (property photography, content production for marketing, etc.), having A1/A3 training:
– Provides an additional level of legal certainty.
– Reduces the risk of errors due to ignorance of the regulations.
– Is a clear indicator of professionalism.
For practical purposes, it is advisable for anyone contracting aerial photography services to ask the operator for a copy of their A1/A3 certificate or, at the very least, confirmation and proof that they have obtained it.
2.3. Public Liability insurance
Spanish regulations, through Royal Decree 517/2024 and Law 21/2003 on Aviation Safety, establish the obligation to have public liability insurance for certain categories of operation and above certain weights. In the case of a drone weighing less than 250 g operating in open category A1, insurance is not always required by law.
However, from a professional and prudent perspective, having specific public liability insurance for UAS is highly recommended. For commercial operations in Spain, specialised firms and offices working in this field recommend coverage that is usually between €300,000 and €1,300,000, depending on the environment and type of operation. In real estate photography on the Costa del Sol —where villas, developments and high-value properties are involved— choosing an operator with a robust policy significantly reduces the risk of an incident resulting in high costs.
3. Flights in urban environments: notification to the Ministry of the Interior
A particularly important factor for real estate photography is the environment in which the flight takes place. Properties are usually located in:
– Towns and cities.
– Residential developments.
– Areas with a concentration of buildings.
The AESA guidelines on UAS geographical areas, together with public safety regulations, establish that UAS operations in urban environments or above gatherings of people require prior notification to the Ministry of the Interior, with a minimum period of five calendar days.
In practice, this means that for drone flights in urban or residential environments, notification to the Ministry of the Interior is an operational requirement that must be integrated into the drone operator’s workflow. In real estate photography, this type of environment is common, so notification is ALWAYS mandatory. The security forces are applying this requirement more and more strictly.
4. Airspace and restricted areas: ENAIRE Drones
Before each flight, the operator must check the airspace conditions using the official ENAIRE Drones tool.
This platform displays:
– Prohibited and restricted areas (P/R/D).
– Airport and heliport control areas.
– Protected natural areas.
– Aeronautical easements.
– NOTAM and temporary restrictions.
The Costa del Sol has some special features:
– Influence of Malaga-Costa del Sol Airport on a large part of the coastline.
– Private heliports associated with residential developments and hotels.
– Presence of ports, infrastructure and possible military or security zones.
If the flight area is located in a restricted zone, the drone operator, in addition to notifying the Ministry of the Interior, must request prior authorisation from the relevant administration or authority and coordinate the flight with them (e.g. a heliport or airspace manager).
5. What does all this mean for estate agents and real estate agencies?
The aim is not to transfer the entire technical burden of aviation regulations to the agent, but to make it clear that flying a drone over a property is a professional and regulated activity, even with light equipment. If the operator does not comply with the regulations, unforeseen costs and image risks may arise.
5.1. Risk of expenses arising from subsidiary civil liability
In the event of an incident (damage to property, vehicles, common elements or injury to third parties), liability is directed directly against the drone operator; however, depending on the circumstances, it may also extend subsidiarily to the person who contracted the service, especially when the professional solvency of the pilot has not been verified.
It is important to understand that commissioning a flight from an operator who:
– Is not registered,
– Does not report flights in urban areas,
– Does not check ENAIRE,
– Does not have insurance,
may result in subsidiary civil liability expenses in the event of a dispute.
5.2. Reputational risk
Beyond the economic aspect, there is a reputational component:
– Intervention by security forces in the middle of a photo shoot.
– Complaints from neighbours or the community about flights perceived as invasive or irregular.
– Publication on social media of an incident involving a drone linked to a particular agency.
For a company or professional working on their personal brand, a situation of this type has a cost in terms of reputation that may be more significant than the penalty itself.
6. Penalty ranges for non-compliance with regulations
The penalty system applicable to drone operations in Spain is based on Law 21/2003 on Aviation Safety, which classifies violations into minor, major and severe categories.
The specific amounts are updated periodically and may vary depending on whether the violator is a private individual or a professional operator.
Specialised aviation-law and UAS-industry sources provide the following ranges as a practical reference::
For private users:
Minor violations: fines ranging from €60 to €45,000
Major violations: fines ranging from €45,001 to €90,000
Severe violations: fines ranging from €90,001 to €225,000
For professionals (individuals or legal entities that carry out drone activities in exchange for compensation):
Minor violations: fines ranging from €4,500 to €70,000.
Major violations: fines ranging from €70,001 to €250,000.
Severe violations: fines ranging from €250,000 to €4,500,000. High probability of criminal proceedings and prison sentences.
In practice, many cases handled by AESA for drone flights in restricted areas or at mass events, without permits or notifications, are being fined in the thousands or tens of thousands of euros.
Not all cases reach the maximum amounts, but the official ranges help to understand the magnitude of the penalty risk of flying a drone outside the regulations.
Although the legal framework sets broad ranges, each case is graded according to: negligence/intent, risk generated, damage caused, repetition, etc.
In real estate photography work with drones, the most likely scenarios for penalties involve flying in urban areas without authorisation, flying over uninvolved persons, operating without registration or insurance where applicable, which can move the penalty into the serious or very serious range.
These are substantial penalties, and they fully justify clients verifying a drone operator’s compliance before hiring them.
7. Applicable regulations
This is a list of the key regulations and documents that affect the use of drones weighing less than 250 g on the Costa del Sol:
– Implementing Regulation (EU) 2019/947 on the rules and procedures applicable to the use of unmanned aircraft.
– Delegated Regulation (EU) 2019/945 on requirements for UAS systems and third-country operators.
– Law 21/2003 on Air Safety and its subsequent amendments (including updates from 2024 and 2025), which establish the penalty system.
– Royal Decree 517/2024, of 4 June, which develops the legal regime for the civil use of unmanned aircraft systems (UAS) and regulates UAS geographical areas.
– AESA guidelines on UAS geographical areas, with flight requirements and restrictions in: controlled airspace, heliports, urban environments and restricted areas, including the obligation to notify the Ministry of the Interior in advance of certain operations in towns, cities and inhabited areas.
– Official ENAIRE Drones website, where you can consult the UAS geographical areas and flight restrictions at each point on the map.
– Ministry of the Interior website on reporting UAS operations in urban environments or above gatherings of people, which sets out the procedure and formal requirements for prior notification.
When taking aerial photographs and videos with a drone, it is essential to work only with operators who operate within this framework, are familiar with it and apply it. This reduces the risk of penalties and reputational damage, while ensuring that the aerial images have been obtained with all legal guarantees and can be used with peace of mind.
These regulations apply to small drones weighing less than 250g. For larger and heavier drones, the applicable regulations are practically the same; the difference is that, in order to operate in residential areas, the pilot must have an A2 licence and must have compulsory civil liability insurance for this type of operation.
At EFEIGHT.com, our clients can rest assured that we meet all the requirements for operating drones and obtain all the necessary permits and coordination with the authorities before starting any aerial photography work. We also have specific public liability insurance for drone operators with extensive coverage of over €1 million.


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