Australian Question - Definition of a Populous Area & Real Estate Photography Question

[Matt1234]

(Australian Question)

Hello

Genuine question… how do you comply with (or get around) the populous area rule when doing real estate photography.


CASR 101.025 - Meaning of Populous Area

For this Part, an area is a populous area in relation to the operation of an unmanned aircraft or rocket if the area has a sufficient density of population for some aspect of the operation, or some event that might happen during the operation (in particular, a fault in, or failure of, the aircraft or rocket) to pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation.


As an example, I head out and purchase a Phantom 4, register it with CASA using the 2kg exemption and line up a few photo shoots with the local real estate agent.

When I turn up at the property (based on the above reg) my understanding is that I can fly directly above the house that I’m photographing, over the front yard / back yard etc as that property is directly connected with the operation.

However, how do I then legally take those shots that you see where the drone is flying over somebody else’s house so that the photo taken can show the house in question in relation to the beach etc… (example attached)

 

[tevek]

If you don't have a ReOC, you will be liable for any incidents arising from you operating your drone as you probably won't be able to get insurance with a standard RPA. Reading the blurb on the CASA site suggest that you can fly a <2kg for commercial gain, but you need to follow their notification instructions prior to any flight and abide by part 101 SOC. If it was me and I wanted to cover myself, I would go all out and do it properly.

 

[Matt1234]

Hi Tevek

Many thanks for the quick response.

Are you able to elaborate, how would getting a ReOC enable me to complete the above discussed operation legally ? Even with a ReOC wouldn’t I still need to comply with the Populous Area regulations ?

Matt

 

[tevek]

Hi Tevek

Many thanks for the quick response.

Are you able to elaborate, how would getting a ReOC enable me to complete the above discussed operation legally ? Even with a ReOC wouldn’t I still need to comply with the Populous Area regulations ?

Matt

From what I have read the actual flying permit conditions don't actually vary that much as you have followed the appropriate notification process and have approval to carry out the flight. The big difference being that without ReOC certification you would have trouble getting insurance in case it all went pear shaped. As for flying over someone's house, as long as you stay under the 120 mtr AGL requirement, and kept the 30 mtr clearance from people, you may just want to notify the owner and explain what you are doing. Otherwise with the exception of the insurance issue, you should be ok.

 

[Phantom-Paul]

The biggest problem with the sub 2kg class is you have to fly by the rules of the standard operating agreement. Ie e.g. 30 metre lateral separation between the drone and all people (not involved with the drone operation) , you cannot fly within 5.5km of a controlled airport ( which puts most australian city's out of bounds) , you cannot fly in a manner/location that will put other people or property at risk if the aircraft fails.

Basically unless you did farms its pretty much impossible to do real estate photos without an RPAS licence and under a operations certificate.

With a lic and CO you could get clearance to fly within 15 metres of people , get clearance to fly within controlled air space and your operations cert would specify your control measures as to how you would mitigate the risks while conducting real estate photo shoots. This might mean tethering the aircraft , using a hexacopter with redundant power supplys and Imus etc.....

Its not simply a case of getting insurance and going flying/filming
You need to have control measures / plans so that if/when something on the aircraft fails it will not put other people or property at risk.
Sent from my SM-G900I using PhantomPilots mobile app

 

[tevek]

The biggest problem with the sub 2kg class is you have to fly by the rules of the standard operating agreement. Ie e.g. 30 metre lateral separation between the drone and all people (not involved with the drone operation) , you cannot fly within 5.5km of a controlled airport ( which puts most australian city's out of bounds) , you cannot fly in a manner/location that will put other people or property at risk if the aircraft fails.

Basically unless you did farms its pretty much impossible to do real estate photos without an RPAS licence and under a operations certificate.

With a lic and CO you could get clearance to fly within 15 metres of people , get clearance to fly within controlled air space and your operations cert would specify your control measures as to how you would mitigate the risks while conducting real estate photo shoots. This might mean tethering the aircraft , using a hexacopter with redundant power supplys and Imus etc.....

Its not simply a case of getting insurance and going flying/filming
You need to have control measures / plans so that if/when something on the aircraft fails it will not put other people or property at risk.
Sent from my SM-G900I using PhantomPilots mobile app

Sorry I was generalising a bit, and there are greater restrictions involved when not covered by an ReOC, which does provide some relief. I guess I was referring to taking general photos such as the OPs example and not making a close up TV commercial. I would personally gain a ReOC if I was setting up a business, primarily to insure myself against an incident, although there are many down my way that don't and they are in the main, taking photos/videos for real estate sales purposes.

 

[Matt1234]

Hi Tevek

All good, thanks mate. I have been able to source a quote for 20M Public Liability for apx $1000 annually with the only requirement being a RePL and CASA notification of registration for the sub 2Kg class. My concern is as soon as something goes wrong the insurance company would simply quote the populous area reg, state that you were operating outside of it, refuse to provide any pay out and effectively hang you out to dry.


Hi Phantom-Paul

Yeah, your response is getting more to the heart of the issue.

So, if you can put together a ReOC that demonstrates that you can safely fly over the next door neighbours house who has nothing to do with the operation (Eg. By using only a hexacopter with redundant power supply etc etc) and get CASA to sign it off then you effectively have your own private exemption to the populous area reg. This would also (one would hope) satisfy the insurance providers that you were operating legally within the regs if something did go wrong…

 

[Strat]

I have been able to source a quote for 20M Public Liability for apx $1000 annually with the only requirement being a RePL and CASA notification of registration for the sub 2Kg class.

which company was this ?

 

[Matt1234]

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