Is Flying Drones Over Private Property Legal in Brazil After the 2026 Policy Reforms?

It is strictly regulated.

Flying drones over private property in Brazil requires compliance with ANAC’s 2023 Resolution 888/2023 and the 2026 updates to the National Civil Aviation Agency’s (ANAC) operational norms. Operators must secure prior consent from landowners, adhere to altitude limits (120m), and avoid restricted zones near airports or military installations. Violations risk fines up to R$100,000 or criminal liability under the Brazilian Penal Code for privacy breaches.


Key Regulations for Flying Drones Over Private Property in Brazil

  • Prior Consent Mandate: ANAC’s 2023 rules require explicit written authorization from property owners before drone flights, with exceptions for public interest operations (e.g., environmental monitoring). Consent must specify flight parameters, duration, and data handling protocols.
  • Operational Restrictions: Drones weighing over 250g are prohibited from flying within 30m horizontally of private property without consent. Night flights demand additional lighting and ANAC pre-approval. Overflight of indigenous lands or quilombola territories triggers FUNAI or INCRA oversight.
  • Data Privacy Compliance: Footage or images captured over private property must comply with Brazil’s LGPD (General Data Protection Law), mandating anonymization of identifiable individuals and secure storage. Unauthorized dissemination may result in civil or administrative penalties.