Commercial Drone Flights in Poland 2026: Requirements

Hobby or paid flight - does the law even tell them apart?

The most common myth we hear from clients: "I fly for money, so I need a separate commercial licence." Under EU EASA rules, no such category exists. The law looks at the risk of the operation - the drone's mass, the surroundings, the distance to people - not at whether you issue an invoice. With a drone under 250 g and a camera you can legally earn in the open category, provided you follow the rules and hold an operator registration.

What the commercial nature of a job actually changes is not the flight category but the obligations around it: a liability policy, operation documentation, protection of personal data in frame (GDPR), and civil liability towards the client if something goes wrong. This guide is for two groups. First, the freelance operator starting to take jobs and worried about fines. Second, the B2B company - developer, agency, PV plant, general contractor - that hires a subcontractor for flights and wants to confirm the operator is legal.

Operator registration on drony.gov.pl - the first mandatory step

Registration is mandatory if the drone weighs 250 g or more, OR carries a camera or other sensor - which means practically any photo and video rig, including a light DJI Mini. You register free of charge and only online at drony.gov.pl; the minimum operator age is 16. After registration you receive an operator number that you physically apply to every drone in the fleet, by sticker or engraving.

Pilot competency: A1/A3, A2 and when the specific category kicks in

Most real-estate shoots away from people fall within the open category, subcategories A1/A3. The training and online test are free in the drony.gov.pl system - a 40-question test, a 75% pass mark, and the resulting competency is valid for 5 years. This is the baseline everyone starts from.

The A2 pilot competency certificate is an extra theory exam at an examining body. It permits flights closer to bystanders - a 30 m minimum distance, or as little as 5 m in low-speed mode - with class C2 drones under 4 kg. That is genuinely useful in dense urban settings and at events. The maximum altitude in the open category is 120 m AGL (above ground level), regardless of subcategory.

Higher-risk operations - BVLOS flights (beyond visual line of sight), close to crowds, complex inspections - move into the specific category. They require the STS-01 (VLOS) or STS-02 (BVLOS) scenarios, class C5/C6 drones, and a risk assessment. A key 2026 change: the national NSTS scenarios expired on 31 December 2025. Operators who worked under them must switch to the EU STS or obtain an individual authorisation from ULC (the Polish Civil Aviation Authority). If you want to go deeper on the qualifications themselves, we have a dedicated guide to the A1/A2/A3 certificates.

Mandatory drone insurance - what changed in November 2025

This is a change part of the market still hasn't ticked off. From 13 November 2025, third-party liability insurance is mandatory for drones weighing 0.25 to 20 kg. The minimum guaranteed sum is 50,000 SDR, which converts to roughly 270,000 zł. A policy starts from about 70 zł a year - a trivial cost against the exposure. No insurance means a fine of up to 4,000 zł, plus full civil liability out of your own pocket if the drone damages anything.

Airspace and clearances - flight notification via DroneTower

You notify your intent to fly to PAŻP (the Polish Air Navigation Services Agency) through the official DroneTower app, which replaced the older tools. The app shows prohibited and restricted zones and proximity to airports. In controlled zones (CTR), a flight requires obtaining clearance, not just a notification.

For us, as a Warsaw operator, this is daily routine: nearly all of Warsaw sits within the CTR of Chopin Airport (EPWA), so every commercial flight needs the procedure - clearance and notification before take-off. It does not mean you can't fly over the city, only that you don't lift off without the paperwork. For a real job - an event, an inspection, a property shoot - we keep the airspace clearance confirmation with date and time, because it is proof the operation was legal. We covered the CTR EPWA procedure in detail in a separate article on permits over Warsaw.

GDPR and image rights - the legal side of drone footage

When the frame contains recognisable faces, number plates, neighbours' properties, or wedding guests, the recording processes personal data and GDPR applies. For property and event shoots you need a legal basis (usually consent) and you must meet the duty to inform - telling people that drone recording is taking place.

The question that comes up most often at contract stage: who is the data controller - the drone operator or the hiring company. It depends on how the job is structured, but in practice the party publishing the material (an agency posting a listing, say) is the controller, and the operator is the processor. It is worth fixing that line in writing before anyone takes off. We have a separate piece on GDPR and drone photography for real estate, with ready consent templates.

Documentation for a commercial job - what must be on paper

A legal flight is not just the fact of holding competency, it is the proof everything was done correctly. For a commercial job, the paperwork should include at minimum:

• A contract or work order with scope, location and date of the operation
• Proof of pilot competency (A1/A3, A2 or STS) and the operator number from drony.gov.pl
• A current liability policy with the guaranteed sum
• Airspace clearance for the specific location, if the flight is in a CTR
• A GDPR clause and, where needed, consents from people in frame
• An invoice for the drone service with correct VAT - we covered this in a separate article on VAT for drone services
• A flight log as evidence of due diligence

The biggest trouble I see isn't with operators who fly illegally - it's with those who fly legally but can't prove it. A flight log and a copy of the airspace clearance defend you better than good intentions.

What the commercial operator paperwork costs in 2026

Getting into legal earning costs less than people think. The base set - registration plus A1/A3 - is free, and only the insurance from about 70 zł a year is added. Costs rise only with A2 and the specific category. Here are the real ranges for 2026.

The minimum budget for a legal start is effectively 70 zł a year (registration and A1/A3 are free, plus insurance). The A2 exam adds 90-390 zł once. The full B2B scope with the specific category means STS training from 1290 zł and ULC authorisation fees. Registration and competency are one-off (competency lasts 5 years); insurance is recurring, every year.

Checklist: before you fly or hire for a commercial flight

For the freelance operator

1. Operator registration on drony.gov.pl, number applied to the drone
2. Pilot competency A1/A3 (minimum) or A2 for flights closer to people
3. A current liability policy for 0.25-20 kg, sum at least 50,000 SDR
4. Airspace checked in DroneTower and clearance obtained if in a CTR
5. GDPR consents and the duty to inform met, if people will be in frame
6. Contract/order, a VAT invoice, and the flight log on file

For the company hiring a subcontractor

1. Operator number from drony.gov.pl - ask to verify it
2. Pilot competency matching the operation (A1/A3, A2 or STS)
3. A copy of the current liability policy with the sum in the job file
4. Airspace clearance for the specific location if flying in CTR EPWA
5. A GDPR clause in the contract and an agreed data controller
6. A clause on the flight log and handover of the log after the operation