National Trust
See our English Heritage and Natural England sections to learn about flying over their properties.
As per the CAA Drone Code - you can fly small drones and model aircraft that are lighter than 250g (and now UK marked drones) at residential, recreational, commercial and industrial sites. However, many people at these locations won't realise that you are also legally allowed to fly over and/or film such sites as demonstrated in these videos.
According to the National Trust, you are not allowed to fly a drone over National Trust land without specific permission, as all aerial activity above their sites is prohibited by an existing bylaw. This is true to an extent. It only applies however to those wishing to take off and land on their property. To fly a drone over National Trust land, you must take off and land from outside the land and operate the drone from outside the land as well.
Take It Outside
The above regulations and requirements are their policies and therefore are only applicable if you are operating on their property. Flying from just outside the boundary of The National Trust land is totally acceptable, so long as you’re abiding by the CAA drone regulations.
It’s important to be aware of the boundary regulations (sites like Know Your Pathways and Find My Street can help with this) and ensure that your takeoff point is fully outside their land. This could be on public land or even roadsides next to the property if it is safe to TOAL.
CAA (and international) law prohibits land owners from owning the airspace above their land so you are free to fly providing there are no Airspace Restrictions covering the site. Apps like The Drone Map (Drone Assist from Altitude Angel is no longer maintained due to Altitude Angel going into administration) will confirm this for you and help you make the right decision as to whether or not it's safe - or sensible - to fly.
Avoid flying over visitors to the National Trust, respect the privacy of tenants or donor families who cherish their privacy and above all else, make sure that under no circumstances you disturb or interfere with wildlife on site.
Have a backup plan for an emergency landing, even if it means landing your drone inside the National Trust land.
Above all, be a responsible and considerate pilot. Some people visiting those National Trust sites might not be too keen on drones being overhead. Your drone fun depends on showing respect for others and Mother Nature.
Airspace Misconception
Contrary to popular belief by The National Trust, it does not have the authority to assert ownership over the airspace above their properties. The regulations governing airspace ownership in the UK are under the purview of the Civil Aviation Authority (CAA) and adhere to international laws. Consequently, The National Trust does not have the ability to regulate or restrict the use of airspace over its properties.
Attempts To Ban Flights
The National Trust has made efforts to use outdated bylaws to discourage drone flights, but this method has proven to be largely ineffective because
- Enforcing the bylaws to regulate airspace is usually a challenge.
- The National Trust's authority is confined to the land itself and doesn't encompass the airspace above it.
- Airspace regulations, as established by the CAA, take precedence over any efforts to curtail drone operations.
The bylaw
"No unauthorised person shall on Trust Property sell or offer or expose for sale any commodity or article or for the purpose of trade or reward take any photograph."
Personally, this bylaw sounds like it is to protect their revenue only, and to protect the property and visitors they claim it is there for.
Instead of centering their attention on claiming airspace ownership, the National Trust's recent policies place a stronger emphasis on permissions for takeoff and landing, privacy concerns, and minimising disturbances. These areas fall under the Trust's legal jurisdiction. This change in policy demonstrates the National Trust's acknowledgment of the limitations regarding airspace control and a more practical approach to managing drone activity.
In summary, while you must obtain permission to launch your drone from National Trust land, you are within your rights (as per the UK drone regulations) to take off and land outside of their property and to fly over their properties. You must of course still adhere to standard CAA drone regulations regarding altitude, separation distances from uninvolved persons and structures, and other applicable guidelines.
Other Interactions
There are three likely interactions you'll deal with as a drone pilot. Those with the general public, the police and employees (including security) of companies.