Yes, flying drones over private property in Germany is legal but strictly regulated under national and EU frameworks. The German Aviation Authority (LBA) enforces compliance with the EU Drone Regulation (2019/947) and national supplementary rules, including mandatory geo-zoning via the DFS DrohnenApp and liability insurance requirements. Property owners retain civil claims for privacy violations under the Bundesdatenschutzgesetz (BDSG) and Strafgesetzbuch (StGB) § 201a (unauthorized image capture). Recent 2026 amendments to the LuftVG further tighten enforcement, particularly near critical infrastructure.
Key Regulations for Flying Drones Over Private Property in Germany
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Altitude and Distance Limits: Maximum flight altitude is 120 meters AGL unless approved by the LBA. Drones must maintain a horizontal distance of at least 100 meters from residential areas unless the property owner consents or the flight is below 50 meters with prior notification.
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Privacy and Data Protection: Capturing images or videos of individuals without consent violates the BDSG and StGB § 201a. Property owners may demand immediate cessation and pursue civil damages under § 823 BGB (tort law).
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Operational Authorization: Commercial flights over private property require a Betriebsgenehmigung from the LBA, while recreational flights must adhere to the EU Open Category rules (e.g., sub-25 kg drones, no overflight of assemblies). Geo-fenced zones (e.g., near airports) are enforced via the DFS DrohnenApp.