Yes, flying drones over private property in Portugal is legal but strictly regulated under national and EU frameworks. The Regulamento de Execução (UE) 2019/947 and Portaria n.º 145/2021 govern operations, requiring prior authorization from ANAC (Agência Nacional da Aviação Civil) for non-recreational flights. Privacy laws under Lei n.º 58/2019 and Regulamento Geral sobre a Proteção de Dados (RGPD) impose additional constraints, particularly near residential areas.
Key Regulations for Flying Drones Over Private Property in Portugal
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Authorization Requirements: Non-recreational drone flights over private property mandate prior approval from ANAC, except for open-category operations under Subcategoria A1 (≤250g) or A3 (≤25kg, ≥150m from people). Closed-category flights require explicit permits, including risk assessments for overflight of private land.
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Privacy and Data Protection: Drones equipped with cameras must comply with RGPD and Lei n.º 58/2019, prohibiting unauthorized surveillance. Operators risk fines up to €10,000 for violating privacy rights, particularly in densely populated or sensitive areas like Áreas de Proteção de Dados Pessoais (APDP).
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Altitude and Distance Limits: Maximum flight altitude is capped at 120m AGL, with a mandatory 50m horizontal separation from private property unless explicit consent is obtained. Night operations require ANAC approval and anti-collision lighting.
Note: Post-2026, Portugal will align with Regulamento (UE) 2024/1123, introducing stricter geofencing and real-time tracking obligations for drones weighing >250g.