In Spain you can fly a drone at an event, but almost never over the public and never without paperwork. The operator must be registered with the State Aviation Safety Agency (AESA). They must also notify the Ministry of the Interior five calendar days in advance and, if the flight passes over people, hold an express AESA authorisation. The event licence covers none of these three obligations.
Can you fly a drone over the public at an event?
In the open category, no. Implementing Regulation (EU) 2019/947, which has set the rules for drone flights across the Union since June 2019, only allows a flight in the "open" category if the pilot ensures, under article 4.1.c), that the drone «se mantiene a una distancia segura de las personas y que no vuela sobre concentraciones de personas» (stays at a safe distance from people and does not fly over gatherings of people). The same category limits weight to under 25 kg and height to 120 metres above the ground.
The key is the definition. Article 2, point 3, calls gatherings of people «reuniones en las que las personas no pueden alejarse debido a su densidad» (assemblies where people cannot disperse because of the density). A concert with a packed floor, a festival stage area or a procession clearly fit. A fair with wide aisles and a scattered crowd may not, but the operator makes that assessment on their own responsibility, not the organiser.
The public also counts as "uninvolved persons". Point 18 of the same article defines them as anyone «no participa en la operación del UAS o que no está al corriente de las instrucciones y las precauciones de seguridad dadas por el operador de UAS» (not participating in the UAS operation or unaware of the instructions and safety precautions given by the UAS operator). Buying a ticket does not make anyone a participant. That is why the open category's distance rules apply to the whole audience, and why flying over a full event pushes the operation into another category.
Which operation category does each drone use need?
Regulation 2019/947 divides flights into three categories: open, specific and certified. Under article 3, the open category needs no prior authorisation; the specific category requires an operational authorisation from the competent authority or a declaration by the operator; the certified category requires certification of the drone, the operator and, where applicable, the pilot's licence. In Spain, the competent authority is AESA.
| Category or subcategory | What it allows regarding the public | What it requires | Source |
|---|---|---|---|
| Open A1 | May pass over uninvolved persons, but «never» over gatherings | Class C0 or C1 drone, or privately built under 250 g | Regulation 2019/947, UAS.OPEN.020 |
| Open A2 | No flying over uninvolved persons; 30 m distance, 5 m in low-speed mode | Class C2 drone and pilot certificate of competency | Regulation 2019/947, UAS.OPEN.030 |
| Open A3 | Far from people; 150 m from residential, commercial, industrial or recreational areas | Class C2, C3, C4 drone or privately built under 25 kg | Regulation 2019/947, UAS.OPEN.040 |
| Specific | Whatever the authorisation sets after the risk assessment | AESA operational authorisation or declaration in a standard scenario | Regulation 2019/947, article 5 |
| Certified | Flying over gatherings of people | Certified drone and certified operator | Regulation 2019/947, article 6.1.b).i |
The table summarises the text published in the Official Journal of the European Union on 11 June 2019; the regulation has since been amended, so check the consolidated version.
Our reading of the table: subcategory A3 is practically ruled out inside an event venue, because a festival is a recreational area and the rule requires 150 metres of distance. A2 is only useful for shots where the drone does not pass over people. The overhead shot of the crowd, common in aftermovies, falls under the specific category. Article 5.1 puts it this way: when a requirement of the open category is not met, the operator «deberá solicitar una autorización operacional» (must apply for an operational authorisation) from the competent authority. And article 6.2 allows that authority to require the certified category if the risk cannot be mitigated without it.
Do you have to notify the Ministry of the Interior before flying at an event?
Yes. Royal Decree 517/2024, in force since 25 June 2024, turns urban environments and gatherings of people into UAS geographical zones for reasons of public safety. Its article 40.3.a) says that operators required to register who want to fly in those places «deberán comunicarlo previamente al Ministerio del Interior con una antelación mínima de cinco días naturales» (must notify the Ministry of the Interior beforehand, at least five calendar days in advance). The AESA page on the novelties of Royal Decree 517/2024, dated 7 August 2024, confirms it: those activities «deberán ser comunicadas al Ministerio de Interior con 5 días de antelación» (must be notified to the Ministry of the Interior 5 days in advance).
Notifying is not asking for permission, but silence guarantees nothing either. The same paragraph adds that public security authorities «podrán limitar o prohibir su realización cuando pueda dar lugar a graves riesgos» (may limit or prohibit it when it could give rise to serious risks). Under the article, a single notification can cover operations over the following five calendar days, if it states the date and time slot of each flight.
How the deadline is calculated
An example using the 2027 calendar. A festival flying drones on Saturday 10 July 2027 must notify by Monday 5 July at the latest: five calendar days before, counting weekends. If the festival runs from Thursday to Monday, 8 to 12 July, that is five calendar days, and our reading of article 40.3.a) is that they fit in a single notification submitted before Saturday 3 July. A six-day event would need two.
Catalonia has its own procedure
In Catalonia, the Generalitat handles a notification to the Policia de la Generalitat-Mossos d'Esquadra of professional drone use. It applies to flights carried out entirely within Catalonia over clusters of buildings or «reuniones de personas al aire libre» (open-air gatherings of people), with the same minimum period of 5 calendar days. The page cites article 40 of Royal Decree 517/2024 and Order ISP/100/2026 of 1 June. It does not clarify whether it replaces the notification to the Ministry of the Interior. Until it does, the prudent course is to ask the operator to prove both.
What the Supreme Court annulled and what it did not
The Supreme Court ruling of 19 June 2025, published in the BOE on 11 July 2025, resolved the appeal by the Asociación Nacional de Pilotos de Drones against Royal Decree 517/2024. The ruling says: «Se declara la nulidad de la Sección 3.ª del Capítulo VI, y se desestima la demanda en todo lo demás» (Section 3 of Chapter VI is declared null, and the claim is dismissed in all other respects). That section, articles 53 to 58 in the consolidated text, regulated the Ministry of the Interior's registers. Article 40 and the prior notification remain in force.
What papers should the drone company show you?
The organiser is almost never the operator. Article 2, point 2, of Regulation 2019/947 defines the UAS operator as «toda persona física o jurídica que utilice o tenga intención de utilizar uno o varios UAS» (any natural or legal person who operates or intends to operate one or more UAS). If you hire an audiovisual production company, it is the operator. If your team films with the company's drone, you are the operator, with all the obligations that entails.
AESA registration
Article 14.5 of Regulation 2019/947 requires registration for anyone using a drone of 250 g or more in the open category, or one «equipado con un sensor capaz de capturar datos personales» (equipped with a sensor able to capture personal data), and for any operator in the specific category, whatever the drone's mass. A drone with a camera at an event almost always meets one of the two conditions. The registration number must appear on each aircraft, under article 14.8.
Pilot age and competence
Article 6 of Royal Decree 517/2024 sets the minimum age to act as an operator at sixteen. For the pilot in the open and specific categories, article 9.1 of Regulation 2019/947 also sets sixteen, with exceptions. In subcategory A2, the pilot needs a certificate of competency, which under UAS.OPEN.030 requires an online course, self-practical training and an additional exam of at least thirty questions.
Insurance
Article 8 of Royal Decree 517/2024 distinguishes three cases:
- Drones of 20 kg or more: insurance under Regulation (EC) 785/2004.
- Drones under 20 kg in subcategory A2, in the specific category or in the certified category: a civil liability policy or financial guarantee under articles 126 and 127 of Law 48/1960 on Air Navigation.
- The rest, that is, under 20 kg in A1 or A3: «quedan excepcionadas» (are exempt) from compulsory insurance.
That the law does not require it does not mean your policy covers the damage. Many event liability insurance policies exclude aircraft. Ask for the operator's insurance certificate with its policy number.
Operational authorisation
If the flight is in the specific category, ask for a copy of the AESA authorisation. Article 12.4 of Regulation 2019/947 lists what it must contain: the scope, the operational limitations, the mitigation measures and «los lugares en los que la operación está autorizada» (the places where the operation is authorised). If your venue does not appear, or the authorisation does not cover flights over people, it does not cover your event.
Drone shows instead of fireworks: what changes
Light shows with drone swarms have become the alternative to pyrotechnics. They also have their own regulation, as we explained in the piece on Tomorrowland without pyrotechnics: proximity to an airport can rule them out.
The clearest official document on these shows is the AESA Resolution of 20 August 2024, published in the BOE of 30 August. It extended, for swarm operators in the specific category, the exemption from two requirements of Regulation 2019/947: the flashing green night light on each drone and the remote identification system on each aircraft. The resolution records the operators' argument, who claimed that «el espectáculo se realiza en todo momento en zona terrestre controlada» (the show takes place at all times in a controlled ground area). The Regulation defines that area as one where the operator «puede garantizar que solo estén presentes las personas participantes» (can guarantee that only participating persons are present).
Three points from that resolution matter to the organiser:
- Swarms operate in the specific category, with AESA authorisation, and the resolution itself requires «medidas alternativas y procedimientos» (alternative measures and procedures) assessed by the Agency.
- The exemption was valid from 31 August 2024 to 31 August 2025. We have not found a later extension in the BOE. Ask the operator for the resolution that applies today or the authorisation that exempts them.
- The show is designed over an area with no public. That shapes the venue plan: the area under the swarm is cleared and controlled just like the launch zone of a fireworks display.
That last point is not a technical detail. It affects usable capacity, the evacuation routes in the self-protection plan and the design of access points. If you are running a festival, the perimeter of the controlled zone has to be on the plan before you calculate how many tickets to put on sale.
What fines apply for flying a drone without complying?
There are two regimes, depending on which rule is breached. The tenth additional provision of Royal Decree 517/2024 refers to Law 21/2003 on Aviation Safety, Organic Law 4/2015 on Public Safety and Law 20/2015 on insurance.
Law 21/2003 of 7 July on Aviation Safety defines UAS offences in its article 45 ter: operator registration, identification, operations in each category, geographical zones and pilot training. They are minor by default and become more serious if the circumstances of article 44 apply. The amounts are in article 55:
| Offence | Individual (art. 55.1) | Commercial activity (art. 55.2) |
|---|---|---|
| Minor | Warning or €60 to €45,000 | Warning or €4,500 to €70,000 |
| Serious | €45,001 to €90,000 | €70,001 to €250,000 |
| Very serious | €90,001 to €225,000 | €250,001 to €4,500,000 |
Article 55.2 applies to those who carry out regulated activities «con carácter comercial» (on a commercial basis) or in return for payment. A production company filming your event on commission falls, in our reading, in the second column.
If the problem is failing to notify the Interior Ministry of the flight or ignoring its restriction, article 40.3.a) of Royal Decree 517/2024 refers to the regime of the Organic Law 4/2015 on the protection of public safety when the act fits its offences. Its article 39.1 sets fines of €100 to €600 for minor offences, €601 to €30,000 for serious ones and €30,001 to €600,000 for very serious ones.
The fine falls on the operator, not the organiser. But the penalty is not the worst thing that can happen to your event: the worst is the police stopping the flight, or something more, in the middle of the headliner's set.
Can you film the audience with a drone?
Yes, but it is processing of personal data. On 30 May 2019 the Spanish Data Protection Agency published the guide «Drones y Protección de Datos» (Drones and Data Protection). The guide distinguishes three types of operation: those that do not capture data, those that may capture it unintentionally and those whose purpose is to process it. The press release gives as an example of this last category, alongside video surveillance, «la grabación de eventos» (the recording of events).
Regulation 2019/947 itself treats privacy as a risk: that is why article 14.5 requires registration for any operator with a drone able to capture personal data.
In practice, the aftermovie is a processing activity whose controller is usually the organiser, who decides why it is filmed. The production company acts on commission. That means informing the buyer at the point of sale, in the ticket terms and the privacy policy, and posting notices at the venue. We cover this in the guide to ticket buyer data and GDPR. Watch out for two cases: shots that identify minors and recordings of sensitive areas such as the medical tent.
What to do before hiring a drone for your event
Eight checks, in calendar order.
Decide the shot before asking for a quote. A wide shot of the empty venue in the morning is not the same as an overhead shot of the packed floor. The first may fit the open category. The second requires the specific category and AESA authorisation, which the operator must hold before signing with you.
Ask for the AESA operator number and check it on the aircraft. Article 14.8 of Regulation 2019/947 requires it to be marked on each drone.
Ask for the operational authorisation if it flies over people. Check that the authorised place includes your venue and that the limitations fit your schedule.
Require proof of the notification to the Interior Ministry, with five calendar days' margin. Put that date in the production schedule, as you do with the event licence. In Catalonia, also ask for the notification to the Mossos d'Esquadra.
Check the geographical zones. In its seventh additional provision, Royal Decree 517/2024 tasks ENAIRE with publishing the information on UAS geographical zones in a single common digital format. A venue next to an aerodrome (article 41) or a hospital (article 39.1.e) has additional restrictions.
Ask for the insurance certificate and review your policy. Check the aircraft exclusion in your liability cover. If the drone weighs under 20 kg and flies in A1 or A3, the operator may not have insurance: require it by contract.
Write the filming into the terms of sale. Warn that there will be aerial filming, for what purpose and where it will be published. Repeat the notice on signage at the entrances.
If it is a light show, reserve the controlled zone on the plan. Calculate capacity and evacuation without that area. Ask the operator for the current AESA authorisation and the applicable identification exemption.
None of these checks depends on the autonomous community, except the Catalan notification. Event licences do vary by municipality and region, and may add conditions on drone use: read them before closing the contract with the operator.
Sources
- Real Decreto 517/2024, de 4 de junio, por el que se desarrolla el régimen jurídico para la utilización civil de sistemas de aeronaves no tripuladas (UAS), texto consolidado — BOE.
- Reglamento de Ejecución (UE) 2019/947 de la Comisión, de 24 de mayo de 2019, relativo a las normas y los procedimientos aplicables a la utilización de aeronaves no tripuladas — DOUE L 152, 11 June 2019.
- Principales novedades introducidas por el Real Decreto 517/2024 para las Zonas Geográficas de UAS — State Aviation Safety Agency, 7 August 2024.
- Resolución de 20 de agosto de 2024, de la Agencia Estatal de Seguridad Aérea, por la que se prorroga la exención relativa a los operadores de enjambres de UAS — BOE no. 210, 30 August 2024.
- Sentencia de la Sala Tercera del Tribunal Supremo de 19 de junio de 2025 sobre el Real Decreto 517/2024 — BOE no. 166, 11 July 2025.
- Ley 21/2003, de 7 de julio, de Seguridad Aérea, texto consolidado — BOE.
- Ley Orgánica 4/2015, de 30 de marzo, de protección de la seguridad ciudadana, texto consolidado — BOE.
- Comunicación a la Policia de la Generalitat-Mossos d'Esquadra del uso profesional de drones — Generalitat de Catalunya.
- La AEPD publica una guía con recomendaciones sobre protección de datos en la utilización de drones — Spanish Data Protection Agency, 30 May 2019.