Can someone fly a drone over my house?

Short answer: in the US, flying a drone over private property is not illegal by itself. The FAA controls the airspace, and no federal rule lets you ban drones from the air over your yard. But the pilot has to follow FAA rules, and many states have laws against using a drone to spy on, harass or stalk people.

The FAA rules every pilot has to follow

Whether they fly for fun or for work, drone pilots in the US must follow FAA rules. The ones that matter most over a neighborhood:

• Stay at or below 400 feet above the ground in most places.
• Keep the drone in sight. The pilot, or a helper standing with them, has to be able to see it without binoculars. A drone over your house usually means the pilot is nearby.
• Broadcast Remote ID. Since March 2024, drones that have to be registered (anything over 250 grams, and any drone flown for work) must broadcast their identification, position and, for most drones, the pilot’s location.
• Light it up at night. At night, a drone needs an anti-collision light visible for 3 miles.
• Don’t fly carelessly or recklessly, and follow the limits on flying over people and moving vehicles.

Where state and local law comes in

The FAA regulates safety in the air. What a drone is used for is mostly up to the states. Depending on where you live, laws on privacy, peeping, harassment, stalking and trespass can apply to drones, and several states, including Texas and Florida, have laws written specifically about drone surveillance of people and private property. Towns can also restrict where drones take off and land, such as in parks.

So the questions that matter are less “was it over my house?” and more “what was it doing?” A drone passing over on its way somewhere is one thing. A drone hovering at your bedroom window, coming back night after night, or following your kids is another.

What you should not do

• Don’t shoot it, net it or throw things at it. The FAA treats drones as aircraft, and damaging one is a federal crime. A falling drone can also hurt someone.
• Don’t jam it. Signal jammers are illegal to use in the US, and they can interfere with other radios and phones nearby.
• Don’t confront the pilot angrily. If you know who it is, a calm conversation solves most cases.

What to do when a drone flies over your house

1. Write down what you saw: date, time, how long, how low, which way it went, and what it seemed to be doing.
2. Check its Remote ID. A free Remote ID app on your phone can show the drone’s identification and where the pilot is, if you catch it while it’s still in the air. See how to detect drones.
3. If someone is in danger, call 911. Otherwise call your local police non-emergency line. The FAA asks the public to report unsafe drone activity to local law enforcement, who can bring in the FAA.
4. If it keeps happening, keep a record. “A drone flew over my house” is hard for anyone to act on. Dates, times, the drone’s ID, its flight path and where the pilot stood are much easier.

Getting a record you can hand over

A phone app only hears a drone while the app is open and you are outside. If drones keep showing up while you sleep or are away, a Remote ID receiver mounted outside listens all the time. Tripwire Home does this: it alerts your phone when a drone broadcasting Remote ID comes near and keeps a dated record with the flight path and, where the drone broadcasts it, the pilot’s location, which you can share with police or the FAA.

No Remote ID device can see a drone whose Remote ID is switched off, or most small drones under 250 grams flown for fun. Our comparison of home drone detectors covers what each kind can and can’t see.