When Do You Need an FAA Part 107 Certificate?

You generally need the Part 107 operating path when the flight has a business, professional, governmental, educational, or other non-recreational purpose. The key question is why the aircraft is being flown—not whether the pilot receives cash for that individual flight.

The Purpose of the Flight Controls the Answer

Federal law provides a limited exception for flights conducted strictly for recreation. Once the operation serves another purpose, that exception is no longer the correct legal basis. For a small drone weighing less than 55 pounds, Part 107 is usually the operating framework unless a different FAA rule, exemption, certificate, or authorization applies.

A flight can be commercial or otherwise non-recreational even when it is performed by the business owner, an employee, a volunteer, or a contractor. It can also be non-recreational when no invoice lists “drone services” as a separate charge.

Common Flights That Usually Fall Under Part 107

ExampleWhy the flight is non-recreational
Roof inspectionThe flight collects condition, moisture, thermal, or damage data for a roofing company, insurer, owner, or client.
Solar inspectionThe aircraft records thermal or visual data to identify module, string, or site-level issues.
Construction progressImages or models are used for scheduling, documentation, client reporting, or project management.
Mapping and modelingThe flight supports an orthomosaic, point cloud, volume calculation, site model, or survey workflow.
Real estate and marketingPhotos or video promote a property, business, event, development, or service.
Internal asset inspectionA company inspects its own roof, tower, yard, equipment, stockpile, or facility.
Training for a business programThe flight develops employee proficiency for planned non-recreational operations.
Paid or unpaid client workCompensation supports the conclusion, but payment is not the only test.

Flights That May Qualify as Recreational

A recreational flight is conducted only for personal enjoyment. The pilot must satisfy every condition of the limited recreational exception, including the recreational knowledge test, registration when required, visual line of sight, and applicable airspace authorization.

The recreational exception is not a fallback for business work. Calling the flight “practice,” using a personal drone, flying outside work hours, or declining payment does not convert a business-purpose flight into recreation.

Mixed-purpose flights When a flight has both recreational and business objectives, the safer compliance decision is to operate under Part 107. The recreational exception is intended for flights conducted strictly for recreation.

Does Part 107 Apply to a Drone Under 250 Grams?

Yes, when the flight is conducted under Part 107. The familiar 0.55-pound or 250-gram threshold is a limited registration exception for drones flown exclusively under the recreational exception. It is not a general exemption from Part 107.

A sub-250-gram drone used for commercial photography, inspection, or mapping still requires a Part 107 operating path and Part 107 registration. Remote ID requirements also apply because the aircraft is registered or required to be registered.

Who Must Hold the Certificate?

The remote PIC must hold a Remote Pilot Certificate with a small UAS rating and maintain aeronautical knowledge currency. A person manipulating the controls must either hold the certificate or be directly supervised by a certificated remote PIC who can immediately take direct control.

A company cannot hold a Remote Pilot Certificate. The certificate belongs to the individual pilot. A business can own and register the aircraft, manage the FAADroneZone account, establish procedures, and employ pilots, but every operation still needs a qualified individual remote PIC.

Does the Certificate Cover Indoor Flights?

A flight conducted entirely inside a building is generally outside FAA airspace jurisdiction because it does not enter the National Airspace System. That does not eliminate workplace safety, property, privacy, contract, or insurance concerns.

An operation that begins indoors and exits through a door, loading bay, broken window, roof opening, or other access point becomes an outdoor aviation operation. Establish the FAA operating path before the aircraft enters outdoor airspace.

What If the Drone Weighs 55 Pounds or More?

Part 107 applies to aircraft weighing less than 55 pounds at takeoff, including everything attached or carried. An aircraft at exactly 55 pounds or more is outside the standard small-UAS framework. The operator may need aircraft registration under Part 47, an airworthiness path, exemptions, operating certificates, or other FAA approvals depending on the mission.

Do not use the empty-aircraft specification from a product sheet. The legal takeoff weight includes payload, batteries, landing gear, parachutes, mounts, cables, lights, and any cargo.

Activities That May Require More Than Part 107

  • Beyond-visual-line-of-sight operations without an applicable routine rule generally require a waiver or other FAA authority.
  • Package delivery for compensation may involve Part 135 and additional economic authority, depending on the operation.
  • Dispensing chemicals or agricultural products can trigger Part 137 requirements and exemptions in addition to Part 107.
  • Carrying hazardous material is prohibited under §107.36; specialized operations may require an exemption rather than a Part 107 waiver.
  • Regulated land surveying, engineering, utility work, privacy, and professional services can be subject to state licensing or other non-FAA rules.

A Fast Decision Test

  1. Identify the actual purpose of the flight and who will use the output.
  2. If the purpose is not strictly personal enjoyment, do not rely on the recreational exception.
  3. Confirm that total takeoff weight is less than 55 pounds.
  4. Assign a current certificated remote PIC or use direct supervision that allows immediate takeover.
  5. Register the aircraft under Part 107 and confirm Remote ID compliance.
  6. Check whether the mission also needs airspace authorization, a waiver, or another FAA operating authority.

Frequently Asked Questions

I am taking photos for my own business. Is that commercial?

Yes, the flight supports a business purpose even when there is no outside client. The business benefit is enough to make the operation non-recreational.

Can I post recreational footage on a monetized channel?

The answer depends on the purpose at the time of flight. If the flight was conducted to create monetized content or support a business, Part 107 is the appropriate path. A later, incidental use of footage can present a different fact pattern, but planned commercial use should not be treated as recreation.

Can a real estate agent fly while a Part 107 pilot watches remotely?

No. Direct supervision requires the certificated remote PIC to have the ability to immediately take direct control of the aircraft. A remote video call or phone connection does not provide that capability.

Related Guides

Compliance notice This page provides general federal compliance information and is not legal advice. Confirm current FAA rules, airspace restrictions, waivers, authorizations, and local requirements before each operation.

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