What drone pilots are and are not allowed to do

27. October 2025

1. What rules do I have to follow as a pilot of a civilian drone?
Since December 31, 2020, drone flights have been regulated uniformly throughout the EU. Like many EU countries, Austria has exercised its right to define geographical areas in which drone traffic is not permitted or only permitted to a limited extent. These air traffic rules were updated again on May 15, 2025. In principle, only so-called toy drones fly under the legal radar. As soon as a drone weighs 250 grams or is equipped with cameras or sensors, operators must register with Austro Control. The operator receives a registration number that must be affixed to the drone. In addition, all drone pilots must present a drone license, i.e., have proof of competence, and take out liability insurance with a coverage amount of at least €900,000 for the drone in question. A distinction is also made between the Open category, which does not require a permit, and the Specific category, which does. The Open category includes drones with a maximum weight of 25 kilograms or a maximum of four kilograms in populated areas, provided certain conditions are met. For example, the drone must always be within visual line of sight during flight, the flight altitude must not exceed 120 meters, no dangerous goods may be transported, no objects may be dropped, and no crowds of people may be flown over; a safe distance must be maintained from uninvolved persons. For drones weighing more than four kilograms, a safety distance of at least 150 meters from residential, commercial, industrial, and recreational areas is required. No-fly zones, such as those around airports, and any restricted flight zones, such as in Vienna, must also be observed. Only mini drones with a maximum weight of 250 grams and an altitude of up to 30 meters are exempt from authorization. In addition, the consent of the property owner is always required for takeoff and landing. All other drone flights require separate approval from the aviation authority Austro Control. This applies, for example, to camera flights over cities or flying over infrastructure. In such cases, a risk assessment must be carried out and an application for an operating license submitted. Drone flights that also have to take into account the General Data Protection Regulation, environmental protection, noise protection zones, or other laws pose a particular challenge.

2. Who checks whether the regulations are being complied with?
The aviation authority Austro Control, together with the Federal Ministry for Climate Protection, Environment, Energy, Mobility, Innovation, and Technology (BMK), is responsible for implementing and further developing the regulations. Austro Control also approves flight plans for drone flights in so-called control zones.

3. What are the penalties for non-compliance?
A drone is considered an unmanned aircraft and, like all vehicles, must have the necessary official approvals, from registration and a pilot’s license to insurance. In the event of violations of aviation regulations, such as the illegal operation of drones, the district administrative authorities can impose fines of up to €22,000.

4. Is it permissible to continuously fly a drone over a neighbor’s property?
According to the Air Defense Act, airspace is generally open to drones, but with restrictions. It also depends on where the property is located. Stricter rules apply in so-called no-fly zones or restricted airspace than in other airspace. In Vienna, for example, I am only allowed to fly over my neighbor’s property if the drone weighs less than 250 grams, is not equipped with cameras, does not fly higher than 30 meters, and there is always visual contact between the pilot and the drone. If the neighbor is on their property at the time of the drone flight, they must not be endangered by the drone flight. Flying over crowds of people is generally prohibited.

5. When am I allowed to film when using a drone?
As soon as cameras are installed in a drone, an operating license is required. After all, it must be ensured that personal data remains protected. As with filming with smartphones or cameras, the right to privacy, the right to one’s own image, data protection rights, and property and copyright laws must be observed. For this reason, crowds or uninvolved persons may not be flown over, or only with restrictions. Industrial companies and nature reserves are also subject to special protection. The permit always involves a risk-benefit assessment. Austro Control will only approve the use of cameras if the benefits clearly outweigh the risks. In practice, sound legal expertise is required to review the individual legal norms and prepare a risk assessment. We are currently working with the municipality of Stockerau on the Fit for Flood project. The aim is for drones to measure the water level of the Danube using lasers and, in an emergency, to warn the population via loudspeaker announcements and call for evacuation. Legally, the project is extremely exciting because, on the one hand, aviation law, noise protection zones, nature conservation and data protection law must be taken into account. On the other hand, legal provisions such as municipal regulations, fire department laws, and disaster relief laws authorize mayors to take disaster response measures.

6. As a private individual, am I allowed to shoot down drones if they cause a disturbance?
No, private individuals are not allowed to shoot down, interfere with, or destroy drones. This would be illegal and would constitute damage to property, endangerment of safety, and violation of aviation law. Even if the drone is flying illegally, a private individual may not act on their own authority.

7. Who is allowed to shoot down drones that interfere with air traffic or pose another danger to the population?
Responsibilities for drones in non-military areas of application are not explicitly regulated by law. Drones are seen as aids and can be used by the police, but also by other first responders or even by ordinary people, provided they are legally allowed to do so. The aviation authority Austro Control is responsible for violations. Shooting down drones is generally not permitted in Austria, but there are exceptions: depending on the circumstances, the police must decide whether to shoot down civilian drones, while the Austrian Armed Forces must decide whether to shoot down military drones. The police may shoot down drones if public air traffic is endangered, there is a danger to life and limb, or there is suspicion of terrorism or espionage. The Austrian Armed Forces will take action if the drone threatens national security or if it is being used for airspace surveillance or an assistance or defense mission. Shooting down a drone over a densely populated area will always be the last resort. First, attempts will be made to force the drone to land using jammers.

8. Who is liable for damage if, for example, air traffic has to be suspended because of drones?
In principle, the drone owner, i.e., the person who has control over the drone, is objectively and independently liable for personal injury and property damage to third parties, provided that this was caused by the operation of the drone. Liability applies not only in the event of a crash or damage caused by falling parts, but also in the event of air traffic disruptions. It is strict liability (risk liability), meaning that misconduct is not necessarily required.

9. What amounts are covered by insurance?
According to the Aviation Act, liability insurance is required by law. The minimum coverage for drone liability insurance in Austria is generally 750,000 Special Drawing Rights (SDR), which corresponds to approximately 900,000 euros.

10. In your opinion, are the rules for drones sufficient?
The increasing civilian use of drones has led to a uniform EU-wide regulation, which has been in force since the end of 2020. In order to regulate drone traffic and prevent disruptions in airspace, there are also flight restrictions in certain control zones. These flight zones were only updated this year. Drone flights do not take place in a legal vacuum. Unfortunately, however, there is often a lack of knowledge about the legal framework on the one hand and the various civilian uses of drones on the other, as drones are perceived by the general public either as a military tool or as an annoying gadget.

First published by TREND on October 24, 2025.
Editor: Angelika Kramer