Drones Over Private Property: Tenant Rights in Germany

As a tenant in Germany, drones over a balcony, garden or window can invade privacy or cause safety concerns. This guide explains in plain language which rights you have as a tenant, which laws generally apply and which concrete steps you can take immediately. You will learn how to secure evidence, when it makes sense to report to the police or the aviation authority, and how to involve your landlord without escalating the situation unnecessarily. Practical wording, examples and notes on deadlines help you act confidently and with legal certainty.

What are drones allowed to do? Tenant rights

Drone flights are not generally prohibited, but they must not impair your legitimate interests in privacy and protection of the home. For tenancy relationships, the landlord's duty to provide use and protection of your domestic sphere are relevant; these are regulated by the German Civil Code (BGB).^[1] For aviation rules, the Aviation Act and supplementary regulations apply, describing minimum distances, identification obligations and zones requiring permission.^[2]

Practical steps for tenants

• Secure evidence: photos, videos, note date and time, and ask neighbors if they observed the same.
• Inform the landlord: send a written note or email describing the facts and asking for support.
• Contact the police: file a report if your privacy has been violated or you feel threatened.
• Report to the authority: submit a complaint or form to the Aviation Authority (LBA) or the local aviation authority.

Legal foundations

Important legal bases are the BGB for tenancy aspects and the Aviation Act for use of airspace. The BGB describes the landlord's duties to maintain the rental property and to protect against significant impairments.^[1] The Aviation Act governs where and how drones may be operated; violations can lead to fines or administrative measures.^[2]

Which authorities are responsible?

• Local court (Amtsgericht): responsible for civil disputes between tenant and landlord, e.g., serious interferences with use of dwelling.
• Police: first point of contact for immediate intrusions into privacy or threats.
• Aviation Authority (LBA): report violations of aviation regulations and source of information on drone rules.

FAQ

Can I forbid flights over my balcony?

You can assert legitimate interests in privacy and ask the drone operator to stop flying; for repeated intrusions you should document and consider legal steps.

When should I call the police?

Call the police if you feel threatened, the drone deliberately invades your privacy, or other criminal acts are involved.

Does the landlord have to help?

The landlord has duties to secure the contractual use of the apartment; they should be informed and can take measures or offer support.

How-To

1. Document: Secure photos, videos, date and time immediately.
2. Notify landlord: Inform the landlord in writing and request assistance.
3. Contact police: File a report for serious intrusions.
4. Report to authority: Submit a complaint to the Aviation Authority (LBA) or local authority.
5. Consider legal action: If necessary, pursue civil remedies at the local court (Amtsgericht).

Key Takeaways

• Document every incident carefully and collect evidence.
• Use police and aviation authorities as contacts for violations.
• Inform your landlord early so they can fulfil their duties.

Help & Support

• BGB: German Civil Code (tenancy law)
• Aviation Act (LuftVG) on gesetze-im-internet.de
• Aviation Authority (LBA)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Luftverkehrsgesetz (LuftVG)
3. [3] Luftfahrt-Bundesamt (LBA)
4. [4] Bundesgerichtshof (BGH)
5. [5] Polizei.de (contacts and guidance)