Aerial Surveys Legislation

What is it?
The expression Aerial Survey includes the most diverse activities of collecting images, sound or other data, using recording and/or transmission, for the production of audiovisual contents, regardless of their nature or the medium used, through equipment installed or transported on an aerial platform.

Who may carry out aerial surveys?
Traditionally the civilian air operators, or similar legal entities, domestic or foreign, that are certified for this purpose by the National Civil Aviation Authority (portuguese ANAC). However, the commercial availability of small unmanned aircraft as consumer products (commonly known as drones), with image, sound or data capture capability, has brought a whole new class of aircraft to the issue of performing aerial surveys.

Who authorizes?
The capture of aerial photography or filming over the portuguese territory through aerial platforms, as well as their dissemination, requires authorization from the National Aeronautical Authority (portuguese AAN), in accordance with Decree-Law nbr. 42071, dated December 30th, 1958 and Administrative Rule nbr. 17568, dated February 2nd, 1960, the latter amended by Administrative Rule nbr. 358/2000, of June 20th.

How to obtain an Authorization?
All aerial surveying work is the subject of prior notification, submitted by all entities, whether civilian or military or private (natural or legal persons), national or foreign, and the execution must not take place without knowledge of the decision on the same prior notice.

The prior communication is addressed to the Office of the National Aeronautical Authority through an appropriate form.

There are specific forms for air work operators using manned aircraft (airplanes or helicopters), and the specific characteristics of the products obtained imply the issuance of an Authorization for Image Capture and, if necessary, the issuance of Authorization for Disclosure.

The technical characteristics of unmanned aircraft advised the introduction of a specific form, which gives rise to the issuance of a single Authorization to capture and disseminate aerial photography or filming and, where applicable, includes the Authorization for the use of airspace under military jurisdiction.