Yes, flying drones over private property in Austria is legal but tightly controlled under EU Regulation 2019/947 and Austria’s Luftfahrtgesetz (Aviation Act). Operators must secure prior consent from landowners, respect privacy laws, and adhere to altitude, distance, and no-fly zone restrictions enforced by Austro Control and the Datenschutzbehörde (Data Protection Authority). Violations risk fines up to €22,000 or criminal liability for privacy breaches.
Key Regulations for Flying Drones Over Private Property in Austria
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Privacy and Consent: Drones may not capture images or data over private property without explicit written consent from the owner, per DSGVO (GDPR) and § 129 StGB (Austrian Penal Code). Overflights for recreational purposes are permitted only if they do not intrude on reasonable privacy expectations.
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Operational Restrictions: Maximum altitude is 120 meters AGL. Drones weighing over 250g require registration with Austro Control. Flights over private property are prohibited within 50 meters horizontally of buildings unless consent is granted, and 150 meters from gatherings of people.
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No-Fly Zones: Urban areas, military installations, and national parks (e.g., Nationalpark Hohe Tauern) are off-limits without special permits. From 2026, stricter UAS Geofencing will apply in Vienna, Salzburg, and Graz under new Austro Control directives.