National Trust admits it can’t ban drone flights over its land

The National Trust has acknowledged that, despite previously stating that drones cannot be flown over its properties, it does not have the authority to enforce such a ban on flights over its land.

This admission follows a Freedom of Information (FOI) request, revealing that while the Trust can restrict drone takeoffs and landings on its property, it has no control over the airspace above, which is regulated by the Civil Aviation Authority (CAA).

In its response to the FOI request, the National Trust explained:

“National Trust doesn’t permit drone operation from our places for a variety of reasons, including visitor and staff safety, potential disturbance to visitors and residents, and disturbance to wildlife and livestock. National Trust land is not classed as a public park, but rather is privately owned land, held in trust by us for the nation. As the landowner, National Trust can stipulate which activities we permit on our land but have no control over access to airspace for those flying from outside of our ownership.“

The Trust further outlined how it manages drone operations from its land:

“In instances where members of the public are operating drones from our land, our policy is to remind the flyer that they are acting in contravention to our policy and the conditions of access to our land, and politely ask them to cease flying.”

Despite this clear admission, parts of the National Trust’s website still inaccurately state, “We do not allow drone flying from or over National Trust land,” giving the impression of a blanket ban on drone flights over Trust-owned properties.

In contrast, other sections of their website more accurately acknowledge that while the Trust has the right to prohibit drone takeoffs and landings on its property, it cannot enforce a restriction on flights originating from public land.

This contradictory messaging has caused confusion among drone operators. Drones are increasingly used for photography, mapping, and surveying in scenic areas, many of which are under the care of the National Trust.

The Trust’s response also highlights the additional complications posed by national regulations, stating that:

“It should be noted that in some instances, other regulations and restrictions on drone flying that are beyond our control will apply to land owned by National Trust, for example, CAA-enforced airspace restrictions and restrictions on flying in and over Sites of Special Scientific Interest, which are regulated by Natural England.”

In practice, the Trust is likely to request that drone operators stop flying from its properties if they are caught in the act, but it cannot prevent flights over its land if the drones are launched from outside its ownership.

In short, the National Trust admit that it cannot legally stop drone flights over its land because, while it owns the land itself, it does not own the airspace above it. Airspace in the UK is regulated by the Civil Aviation Authority (CAA), which governs the operation of unmanned aerial vehicles (UAVs) regardless of the land ownership below. This means that individuals can legally fly drones from public spaces adjacent to National Trust properties if they comply with existing aviation regulations, such as altitude limits and no-fly zones. As a result, the Trust can only enforce its policies regarding drone takeoffs and landings on its land.

Still, it cannot prevent drone operators from flying over its properties if they launch outside its jurisdiction.

Just because you can doesn’t mean you always should