Can a Drone Fly Over Private Property in Australia?

You’re sipping a cuppa on your back deck when you hear that familiar high-pitched buzz. A few metres above your yard, a drone hovers, then glides slowly away. Your dog barks. You squint up at the machine. You didn’t invite it. You don’t know who’s flying it. And you’re wondering — Can a Drone Fly Over Private Property in Australia?

If you’ve typed “can drone fly over private property” into Google, you’re not alone. It’s one of the most common concerns we hear from both property owners and drone operators. And with drones becoming more popular for photography, delivery, surveying, and recreation, it’s a good time to unpack what the law actually says in Australia — and what it means for you, whether you’re behind the sticks or beneath the drone.

Let’s break it down.

The Short Answer

Yes, drones can legally fly over private property in Australia — but there are several conditions, limits, and responsibilities involved. Drone operators must comply with CASA (Civil Aviation Safety Authority) regulations, which focus on safety, rather than property rights. Meanwhile, property owners may have recourse under privacy or trespass laws, but those are far from clear-cut.

Who Owns the Airspace Above Your Home?

In Australia, you don’t own the air above your home. Not in the way you might think.

The concept of airspace ownership is legally complex. While you do have rights to exclusive enjoyment of your land, including a reasonable amount of airspace above it, that doesn’t mean you control the sky.

Airspace in Australia is regulated by the Commonwealth — specifically, CASA. This means the federal government controls how aircraft (including drones) operate in the sky.

The key distinction is this: while a landowner may have limited rights to airspace necessary for the ordinary use and enjoyment of their land (like for building a home or trees to grow), they do not have unrestricted rights to the entire column of air above their block.

So, while it might feel like someone flying over your backyard is trespassing — legally, it’s not so simple.

CASA Rules for Flying Drones Near Property

CASA sets national rules for all drone (or RPA – Remotely Piloted Aircraft) operations. For recreational and commercial flyers alike, here are some relevant rules:

• Keep at least 30 metres away from other people not involved in the flight.
• Do not fly over people or populous areas (e.g. beaches, parks, events).
• Do not fly higher than 120 metres (400 feet) above ground level.
• Always maintain visual line of sight.
• Respect privacy — don’t record people without consent.

If a drone flies directly over your property, but at a legal altitude, without flying over people, without hovering too low, and without capturing intimate images — it’s probably not breaking CASA rules.

However, if it’s flown recklessly, causes a nuisance, or captures footage that breaches your reasonable expectation of privacy, that’s where it gets murky.

Is It Trespass to Fly a Drone Over Private Land?

This is the legal grey area.

In Australian law, trespass to land usually involves someone or something entering or interfering with your land without permission. But what about above your land?

Legal scholars argue both sides. Some say that if a drone flies so low that it interferes with your enjoyment of your property (e.g. buzzing 2 metres above your pool), it could constitute trespass. Others argue that unless it physically touches your land, it doesn’t count.

There’s no clear case law in Australia yet that defines this definitively. But if a drone is hovering persistently low over your home, recording you, or interfering with your lifestyle — you might have a case for nuisance, harassment, or trespass. But you’d likely need to go through civil court to pursue it.

Can You Shoot Down a Drone?

Tempting as it may be — absolutely not.

Shooting down, disabling, or interfering with a drone is illegal. Drones are considered aircraft under Australian law, and interfering with them is a criminal offence under the Crimes Act 1914 and Criminal Code Act 1995.

You could be charged with endangering the safety of an aircraft — which is a serious federal crime.

So no, you can’t shoot it, jam it, or throw a tennis ball at it. (We’ve heard of people doing all three.)

What About Privacy?

Australian privacy laws are still catching up to drone tech.

There is no specific federal law that says someone can’t fly over your house with a camera. However, there are laws around surveillance, harassment, and recording private activities that may apply, depending on the situation.

Some states, like NSW, have Surveillance Devices Acts that make it illegal to record people in private places without consent. But these laws were designed before consumer drones were widely available — so whether a drone counts as a “surveillance device” under the Act can depend on the circumstances.

If someone is deliberately using a drone to spy on you, film you inside your home, or follow you — that’s another matter. You should report it to police or your state’s privacy body.

What Can Drone Operators Do to Stay Compliant?

If you’re a drone pilot — whether flying recreationally or commercially — you have a responsibility to fly respectfully and legally.

Here’s what we recommend:

• Avoid low-level flights directly over private homes.
• Don’t hover — especially not near windows, balconies, or pools.
• Use the zoom instead of proximity to get closer shots.
• Check state-specific laws on surveillance and recording.
• If in doubt, don’t fly.

Flying Glass, for example, is a fully CASA-licensed drone cinematography company with an Operator’s Certificate (OC). This allows us to fly in otherwise restricted areas with proper planning, permissions, and safety controls. For TV, film, and commercial projects where flights must occur near homes or buildings, we coordinate with landowners, neighbours, and even apply for ReOC permissions where required.

See some of our recent work in our showreel.

What Can Property Owners Do If a Drone Is Overhead?

If a drone is flying over your house and you’re uncomfortable, here’s what you can do:

1. Observe and record. Take note of the time, flight path, and what the drone is doing. If possible, film it on your phone.
2. Do not retaliate. Don’t throw objects, jam the signal, or try to interfere.
3. Check the CASA Drone Safety app. See if there are any registered operators nearby or a flight plan.
4. Report to CASA if you believe the drone breached safety rules (e.g. flew over people, too low, or was reckless): https://www.casa.gov.au/drones
5. Contact police if you believe your privacy was violated, or if the drone was used to harass or spy.

What’s the Future of Airspace Rights in Australia?

As drone use increases, we expect Australia’s laws to evolve — likely with clearer definitions of what constitutes trespass by drone, stronger privacy protections, and possibly a drone register that includes location-based flight logging.

Already, CASA is working on UTM (Uncrewed Traffic Management) systems that will allow drone flights to be tracked and coordinated in real time. This could include geofencing around homes or sensitive areas in future.

In the meantime, good operators — like us at Flying Glass — always operate with respect, permission, and a focus on safety.

We believe the airspace above your home is not a free-for-all — but nor is it off-limits without nuance. It’s shared, regulated space, and both sides (operators and homeowners) deserve to understand their rights and responsibilities.

Summary: Can a Drone Fly Over Private Property in Australia?

Question	Answer
Can drones legally fly over homes?	Yes, if they follow CASA rules and don’t infringe on privacy or safety.
Is it trespass?	Not always — it depends how low, how intrusive, and what the drone is doing.
Can I shoot it down?	No. That’s illegal.
What if it’s filming me?	You may have recourse under privacy or surveillance laws.
Who do I report it to?	CASA for safety breaches; Police for harassment or privacy issues.

If you need drone services that comply with all legal frameworks and consider your neighbours’ rights as much as your project’s needs, contact us at Flying Glass. We’re a Sydney-based drone team with operators across Australia, specialising in high-end drone cinematography, film and TV shoots, and complex aerial projects.

Need help flying over or near private property? We can advise on approvals, flight plans, CASA exemptions and more.

Disclaimer: This article is for general information only and does not constitute legal advice. Laws may vary between states and territories. Always consult a qualified professional for legal matters.