Is Flying Drones Over Private Property Legal in Italy After the 2026 Policy Reforms?

It is strictly regulated.

Flying drones over private property in Italy requires compliance with EU Regulation 2019/947 and national decrees enforced by ENAC (Ente Nazionale per l’Aviazione Civile). Authorization depends on drone class, altitude, and privacy laws under GDPR and the Italian Civil Code. Non-compliance risks fines up to €6,000 or criminal liability for privacy violations.

Key Regulations for Flying Drones Over Private Property in Italy

  • Privacy Compliance: Article 615-bis of the Italian Penal Code prohibits capturing images of private property without consent. Drones equipped with cameras must adhere to GDPR principles, ensuring data minimization and explicit consent where applicable.
  • ENAC Authorization: Operators must obtain operational authorization from ENAC for drones exceeding 25 kg or flying in restricted zones (e.g., urban areas, near airports). Light drones (≤25 kg) require registration but may still need local permits for overflight.
  • Altitude and Distance Limits: Maximum altitude is 120 meters AGL unless approved. A horizontal distance of at least 50 meters from uninvolved persons and private property is mandatory unless explicit permission is granted by the property owner.

Post-2026, Italy will align with the EU Drone Regulation (2024/1122), introducing stricter UAS operator certification and geofencing requirements. Property owners retain rights under civil law to seek injunctions or damages for unauthorized overflights, particularly if privacy or safety is compromised.