Drones over Balcony & Yard: Tenant Rights in Germany

What applies to drones over yard and balcony?

Tenants in Germany are protected by several interests: house rules, privacy and general personal rights. Landlords and neighbours may not film or launch drones over balconies or yard areas without considering tenants' privacy. Relevant statutory regulations for tenancy law and duties of landlords and tenants are found in the German Civil Code (BGB).^[1]

Data protection and recordings

Drone recordings can involve personal data; therefore data protection rules (e.g., GDPR) and general personality rights apply. Photos and videos of private areas are problematic without consent. Use clear documentation: date, time, duration and, if possible, time-stamped video material to evidence incidents.

Practical examples

• Neighbour flies a drone close over the balcony (record): Document time and consequences, such as impaired view or recordings.
• Unknown drone lands in the courtyard (privacy): Secure evidence and inform the landlord.
• Repeated recordings despite request (notice): Demand in writing that recordings stop and that drones are banned in the building.
• No reaction from neighbour (court): Consider legal action, such as an injunction at the competent court.^[2]

The landlord often has a duty to prevent or limit disturbances if they cause a defect in the tenancy or safety concerns. Direct intervention into drone flights is only possible within the scope of house rules and applicable aviation regulations.

What tenants can do in practice

The following steps help to clarify the situation in an orderly and legally secure manner.

• Document every disturbance (record): Photos, videos with timestamps and a brief note with date and time.
• Talk to the drone operator (contact): Often a polite notice resolves the issue.
• Inform the landlord in writing (notice): Describe the disturbance and request remedy, set a deadline and ensure proof of receipt.
• If necessary, initiate legal action at the local court or apply for an injunction (court).^[2]

Forms and official procedures

Important official templates and legal bases include:

• Cover letter to the landlord (written request to cease) as a document for evidence.
• Application for an injunction or filing a lawsuit, depending on urgency and repetition risk.^[2]

Frequently Asked Questions

May a drone fly over my balcony?

Not without limits. Flights that affect your privacy or record images of private areas without consent are generally impermissible.

What if the neighbour does not respond?

Document incidents, inform the landlord in writing and consider filing a lawsuit or seeking an injunction at the competent local court.^[3]

What evidence helps?

Photos/videos with timestamps, witness names, written requests to the drone operator and notes about repeated incidents.

How-To

1. Step 1: Collect evidence (record): photos, videos with date and time.
2. Step 2: Contact the operator personally or by phone (contact).
3. Step 3: Notify the landlord in writing and request remedy within a clear deadline (notice).
4. Step 4: If necessary, consider legal action at the local court or request an injunction (court).^[2]

Help and Support / Resources

• Gesetze im Internet – BGB and ZPO
• Federal Court of Justice (BGH) – Case law
• Justice Portal – Information on local courts

1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Information on Local Courts – Justice Portal