Yes, flying drones over private property in Belgium is legal but strictly regulated under EU and Belgian law. The Belgian Civil Aviation Authority (BCAA) enforces rules requiring prior consent from landowners, adherence to altitude limits (max 120m), and compliance with GDPR for data collection. Violations risk fines up to €4,000 or criminal charges under the 2023 Aviation Code.
Key Regulations for Flying Drones Over Private Property in Belgium
- Prior Consent Mandate: Operators must obtain explicit permission from property owners before flying over private land, as stipulated in Article 2.15 of the Belgian Aviation Regulations (BAR). Consent must be documented and verifiable upon request by authorities.
- Altitude and Proximity Restrictions: Drones may not exceed 120 meters above ground level, and a 50-meter buffer zone is required near private properties unless prior consent is secured. Overflight of residential areas is prohibited without special authorization.
- Data Protection Compliance: Capturing images or videos of individuals on private property triggers GDPR obligations, including data minimization and anonymization. The Belgian Data Protection Authority (APD/GBA) enforces these rules, with penalties for non-compliance reaching €20 million or 4% of global turnover.
Additional constraints apply under the 2026 EU Drone Regulation (2019/947), which classifies most private property overflights as “specific category” operations requiring risk assessments and operational authorizations. The BCAA’s Drones.Gov portal provides mandatory pre-flight notifications for drones weighing over 250g.