In 2016, when drones were still pretty small in the photography world, the FAA implemented a new policy; known as regulation "14 CFR Part 107", commonly known just as the Part 107 License. For recreational pilots this was meaningless, but for commercial drone pilots - the people who make money with their drones - it changed everything. In order to profit with/from using a Unmanned Aircraft System (UAS), the pilot had to pass a new roadblock; an exam that tested drone pilot's expertise in aerial maps, regulations, drone operations, meteorology, emergency management, etc. It is actually a very similar test to what a plane pilot needs to pass in order to obtain their professional license (albeit, it is a very similar sector).
The test itself is rather difficult - while you can study as much as you want, the answers are very difficult and sometimes obscure. The FAA makes sure to switch up the questions as often as they can, with 10% of questions year over year being brand new and unrelated to anything from the past. I personally took the test back in 2022, shortly before launching my real estate business, and scored a passing 77%. While the baseline is 70%, I've talked to multiple pilots who failed the first go around and had to retake it.
Because of the difficulty and cost of the test, there are many real estate and commercial photographers who do not have their Part 107 license. This was once not a dangerous game, as the FAA used to not crackdown on illegal pilots, but that has recently changed. Recently, they have started sending letters and fines to pilots who not only break airspace rules and regulations, but also who commercially work without a Part 107 license. This is to be expected, as regulations have increased dramatically ever since drones came to the market. While a realtor doesn't have to worry about liability issues with their drone pilots - they do run the danger of having their real estate photographer wrapped up in fines, legal issues, and worst yet - being grounded from flying drones. While I've been asked multiple times by realtors, it's important to check to see if your photographer is licensed to fly commercially.
