In the global competition for the best technologies and concepts, the young drone economy in Germany (and Europe) faces crucial months and years in order to be able to compete with the competition from Asia and the United States in the long term. Accordingly, many companies are taking a critical view of Skynopoly GmbH's initiative. The idea is to enable landowners to tap into a lucrative source of income by monetizing overflight rights for drones and “air cabs”. The problem is that German law does not provide the possibility of charging money for flying over land.
The rules of the Air Traffic Regulations are not intended as a basis for monetizing airspace. Anything else would be incompatible with the principle of free use of airspace. § Section 1 of the Air Traffic Act clearly states that the use of airspace by aircraft is free. This wording is also explicitly reiterated in Section 21h (1) of the Air Traffic Act with regard to unmanned aircraft. Although ownership of a piece of land generally also includes the space above the surface, Section 905 of the German Civil Code states that the owner cannot prohibit any interference that is carried out at such a height that he has no interest in excluding it. A reservation of consent, as regulated in Section 21h (3) No. 7 of the Air Traffic Regulations, can therefore only be asserted under certain conditions and at best in individual cases.
“Even if the legal situation is already clear today, politicians and authorities should take a clear position here in order to prevent further uncertainty in the drone economy and to protect property owners from ultimately unfounded hopes,” demands UAV DACH CEO Dr. Gerald Wissel. “In addition, the legislator should take the next opportunity to clarify the relevant regulations and ordinances in order to prevent unequal treatment of drones compared to other modes of transport and the associated competitive disadvantages.”
The complete press release can be found in our press section (German language only)