17
May | June | 2015 CCIM.com
While UAS enhance ef ciency, economic
value, and competitive advantage for real
estate professionals, the uses are currently sty-
mied, as the law evolves to catch up to current
technology. While business users envision the
benef ts of the technology, everyday citizens
may fear how this technology could invade
privacy or cause property damage, or worse,
personal injury.
Authorized Uses
Due to legitimate concerns regarding
safety of the airspace that it regulates,
the FAA prohibits commercial use of
UAS, absent explicit authorization. This
authorization can come in various forms,
the most common of which is (for com-
mercial users) a Section 333 authoriza-
tion. As of the date of this writing, 159
such authorizations have been issued.
[www.faa.gov/uas/legislative_programs/
section_333/333_authorizations/].
While the list of organizations that have
received the FAA's permission to f y UAS
for commercial use is continually expand-
ing, it's fair to assume that many of the
commercial users that are currently taking
photos with UAS for business purposes are
doing so illegally. In the real estate indus-
try, some users may be unaware of the cur-
rent restrictions on commercial use of this
technology, while others may be ignoring
the rules. Others are hopeful that the FAA's
proposed rules announced February 15 will
be implemented soon.
Although no one knows for sure how long
this will take, many are speculating that it
could take until 2017. Even then, the FAA will
not be the only rule-making entity involved,
as states and cities have recently begun enact-
ing their own laws to guide whether, where,
and how UAS may be operated. As is typically
the case with emerging law, this is a f uid and
dynamic area, where the regulations will
likely evolve dramatically over time.
If your business has considered using UAS
for commercial purposes or has done so in
the past unaware of the rules, it may be time
to check in with an attorney who is familiar
with these rules, to explore whether there is
a compelling reason, such as economics or
safety, to consider pursuing an FAA autho-
rization in advance of any change to the rules
or to maintain compliance with the rules
that emerge in the near-term future.
While some businesses wait patiently on
the sidelines, others realize that there are
huge economic, logistics, safety, and ef ciency
arguments in favor of using this technology as
soon as possible, even if it requires an invest-
ment of time and cost to get FAA authoriza-
tion. For many real estate businesses, being
on the leading edge and adopting technology
that improves business ef ciency is an essen-
tial component of its business plan.
Brad Boyd is senior counsel at Fafi nski Mark &
Johnson in Eden Prairie, Minn. Contact him at
brad.boyd@fmjlaw.com.
The CCIM Institute's new preference-matching
property marketing platform helps you do more
business.
Log on at CCIM.com/dealshare .
(Formerly MailBridge)
s Searchable property archive
s Geo-coded listings
s Customizable dashboard
s Email digest options
s Posts by CCIM Institute candidate members
New features include: