Drones over a condominium: what is and isn't allowed

Flying a drone over a condominium is lawful only if two separate sets of rules are respected: the aviation rules, which govern the flight itself, and the data protection rules, which govern what is filmed and how the images are used. A drone that, while inspecting the roof, frames other people's balconies, home interiors or identifiable individuals is processing personal data and falls under Regulation (EU) 2016/679 (GDPR). Owning the drone is not enough: a legitimate purpose, proportionate footage and correct handling of the collected material are required.

The concrete case

The condominium manager hires a company to shoot a promotional video of the building, or to inspect the roof by drone to assess leaks before approving works. The aircraft flies over the courtyard, terraces and balconies, also capturing people leaning out and objects inside the flats. An owner objects that their privacy has been breached. The question is: are that flight and those images lawful?

Aviation rules: ENAC and EASA

Drone flights in Italy follow the European regulation (Reg. EU 2019/947) and ENAC provisions. The operator must register, the drone must be identifiable and the pilot, except for the lightest categories, must hold a certificate of competence. In urban areas and over gatherings or uninvolved people, strict limits on altitude, distance and operational category apply. Flying over an inhabited building almost always means flying close to people: it must be verified that the flight category allows it and that the operator is compliant.

• Operator registration and drone identification under ENAC rules
• Pilot competence certificate for the operational category
• Compliance with altitude, distance from people and restricted or permit-only zones
• Third-party liability insurance cover

Privacy rules: when GDPR applies

Footage concerning only objects (the roof, a gutter, the facade) without identifiable people does not process personal data. As soon as the drone frames faces, number plates, open windows with people inside or identifiable behaviour, personal data is being processed and a legal basis is required. The GDPR exemption for personal or household activity does not cover a task assigned by the condominium to a professional: that is organised activity, with a data controller and full obligations.

Making a technical inspection lawful

For a roof or facade inspection a legitimate purpose exists: preserving the common parts and approving works, under Articles 1130 and 1135 of the Italian Civil Code. Footage of private areas must nonetheless be kept to a minimum. In practice: plan the flight over only the areas to be inspected, point the camera downward and at the subject, avoid hovering over balconies, and inform owners in advance with a notice stating date, time and purpose of the inspection.

• Set out in writing the technical purpose of the inspection
• Notify owners well in advance of the day, time and area involved
• Limit framing and retention to strictly necessary material
• Delete the footage once the purpose is exhausted or after the resolution

Promotional video and dissemination

A video intended for publication is different, for example to sell or rent units or for the building's website. Here the management purpose is not enough: disseminating images portraying identifiable people requires their consent, and the right to one's own image protected by Article 10 of the Italian Civil Code and by copyright law must be respected. The practical solution is to shoot when common areas are empty, blur faces and plates and not film interiors. Publishing without precautions exposes the condominium to removal requests and damages claims.

The manager's role

If the condominium commissions the footage, the manager acts on behalf of the data controller, that is the condominium itself. They must choose a reliable company, bind it by a contract limiting the use and requiring deletion of the images, and keep the documentation. An informed meeting reduces conflict: putting the matter on the agenda when footage supports major works is good practice, although a mere technical inspection falls within the manager's preservation powers.

In short

• Check the aviation compliance of the operator and the flight
• Distinguish a technical inspection (management purpose) from a video to be published (consent needed)
• Minimise footage of private areas and people
• Inform owners and set retention and deletion times

Handling notices, resolutions and technical documentation in a traceable way helps prove the lawfulness of the choices. With AmministraPro the manager sends communications to owners, archives surveys and minutes and keeps the record of works in order: the features are described on the /funzioni page and the plans, from a single practice to larger operations, on the /prezzi page.