A drone over your own property:
what is allowed?
Your co-pilot for possession & privacy
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Property & possession law
You keep the controls and make the decisions. We sit next to you in the cockpit, know the route and the instruments – and when it gets turbulent, we take over.
The legal position in Austria – and what you can do when someone else’s drone is circling over your garden.
What rules apply to drone pilots?
Since 31 December 2020, the EU drone regulation (Implementing Regulation (EU) 2019/947) has also governed private flights in Austria. The key points:
- Registration with Austro Control via dronespace.at – mandatory from 250 grams and for lighter drones with a camera (toys excepted); currently € 46.80, valid for three years.
- Marking: the registration number must be visibly attached to the drone.
- Liability insurance under the Aviation Act.
- Proof of competence – depending on the drone class, an online test.
- No flights over crowds in the open category.
May the drone fly over my property?
According to the prevailing view, ownership of land also extends into the airspace above it – as far as the owner has an interest worth protecting. With a drone hovering at low altitude over the garden, possibly with a camera, that interest is regularly given. A single, quick flyover at great height is to be assessed differently.
The circumstances are decisive: how long, how low, how often – and was anything filmed?
And if it films?
Targeted recordings of people or of the private sphere – garden, terrace, windows – can violate privacy (§ 1328a ABGB) and the right to one’s own image and breach data protection law. This gives rise to claims for an injunction, possibly for deletion of the recordings and for damages; a complaint to the Data Protection Authority is also possible.
May I shoot the drone down?
Under Austrian law, self-help is only permitted if official help would come too late – and only in a proportionate manner. Destroying someone else’s drone is in principle criminal damage to property.
In Germany, the Riesa Local Court in 2019 acquitted a homeowner who had shot down a camera drone hovering over his garden with an air rifle: the pilot could not be found and no other defence was possible. We are not aware of a comparable supreme court decision from Austria. In addition, there are firearms-law issues and the danger to third parties from falling parts.
Our recommendation: don’t reach for a weapon – document and take legal action.
What you can do in practice
Frequently asked questions
May a drone fly over my property?
Not without further ado. According to the prevailing view, ownership of land extends into the airspace above it as far as there is an interest worth protecting – which is regularly the case with drones flying low or hovering over the garden, especially with a camera. A brief flyover at height is assessed differently from repeated circling at low altitude.
May I shoot down or bring down a drone over my garden?
In principle no. Destroying someone else’s drone is generally criminal damage to property. Self-help is only allowed within narrow limits – if official help would come too late and the defence is proportionate. A German local court (Riesa, 2019) considered shooting one down justified in an individual case; we are not aware of a comparable supreme court decision from Austria. There are also firearms-law risks and danger to third parties.
What can I do legally against the drone pilot?
An action for disturbance of possession – which must be filed within 30 days of learning of the disturbance and the person responsible – an injunction against future flyovers, and claims for violation of privacy and the right to one’s own image. For targeted recordings, a complaint to the Data Protection Authority may also be considered.
How do I find out who owns the drone?
Drones from 250 grams and lighter drones with a camera (toys excepted) must be registered with Austro Control and marked with the registration number. Record time, duration and direction of flight, photograph the drone and – if possible – the pilot. In case of specific danger or suspected spying, call the police.
What rules apply to private drone pilots in Austria?
Since 31 December 2020 the EU drone regulation (Implementing Regulation (EU) 2019/947) has applied. Depending on weight and equipment, operators must register via dronespace.at (currently € 46.80, valid for three years), have liability insurance under the Aviation Act and, depending on the drone class, pass an online proof of competence. Flights over crowds are not allowed in the open category.
May my neighbour’s drone film me?
Targeted recordings of people or of the private sphere – garden, terrace, windows – can violate privacy (§ 1328a ABGB) and the right to one’s own image and breach data protection law. You can demand an injunction and, in some circumstances, damages.
Mag. Nevena Shotekova-Zöchling, attorney and insolvency administrator in Vienna. As of October 2026. General information – not legal advice for your individual case.
A drone over your property?
We review your case and enforce injunctions and protection of possession swiftly.
Send an enquiry+43 1 34 601 71