Until recently, drones have been more the concern of aviation regulators and hobbyists than property solicitors. But with rapid advances in unmanned aerial vehicle (UAV) technology, and a growing push towards autonomous delivery logistics, the humble drone is about to collide head-on with the commercial property sector. At the heart of this shift is a new and potentially lucrative asset class: the drone port.
Drone ports are exactly what they sound like – infrastructure hubs designed to launch, receive, charge and manage fleets of drones, often integrated into logistics networks. These can range from purpose-built airfields and warehouse add-ons to rooftop docking stations in city centres. And while they may sound futuristic, the need for legal foresight is very much present.
For commercial property owners, landlords and developers, drone ports offer opportunities for income generation, innovation, and enhanced property value. But they also introduce a new matrix of legal issues across planning, leasing, land use, risk and regulation – areas where the commercial property lawyer must now tread with precision.
What is a drone port?
Unlike traditional logistics hubs or warehouses, drone ports are not yet clearly classified within the UK's planning and use class system. They may involve storage facilities, fuelling or charging infrastructure, automated loading systems, and often occupy elevated or non-traditional locations such as rooftops or vertical façades. Some will serve as part of a logistics chain; others may be dedicated drone operation centres for surveying, agricultural, medical or emergency uses.
This ambiguity raises a host of questions, starting with whether a change of use will be required to convert an existing commercial unit or space into a drone port, particularly if it's to be used intensively for aerial operations.
The Town and Country Planning (Use Classes) Order 1987 has no obvious pigeonhole for a drone port. Depending on the precise nature of use, one might argue for Class B8 (storage or distribution) or even sui generis status. In either case, developers and landlords looking to add drone capability to existing or proposed schemes will need early planning input and possibly tailored applications to local planning authorities.
Airspace rights and commercial opportunity
One of the most compelling, and legally intricate aspects of drone infrastructure is the question of airspace. While it's a well-worn principle that landowners own the airspace above their land to the extent necessary for ordinary use and enjoyment, this becomes blurred when commercial drones start taking off, landing or flying through that airspace.
As drone corridors are gradually formalised in UK aviation law (the Civil Aviation Authority is already trialling drone superhighways in parts of England), private property interests are likely to come into play. This raises the prospect of landowners charging for aerial rights, licensing vertical access, or entering into long-term infrastructure agreements with logistics providers.
Airspace easements, previously a niche legal curiosity, could become valuable commercial assets in their own right. Property lawyers may find themselves negotiating the legal equivalent of aerial leaseholds, complete with covenants around frequency of use, flight paths, and noise restrictions.
Leasing and occupier issues
For landlords and tenants, drone operations present new questions about lease flexibility and enforceability. If a tenant wishes to install drone facilities on a building they lease, particularly rooftop ports or dedicated storage areas, will their existing lease allow it? The answer may well be no, at least not without landlord consent.
Leases with narrowly drafted permitted use clauses may preclude drone activities, particularly if they involve regular aerial operations that generate noise or safety risks. Landlords may also object to alterations to roof structures, the installation of charging or fuelling infrastructure, or increased traffic and insurance liabilities.
Forward-thinking lease drafting will increasingly need to anticipate drone-related uses. For landlords, that could mean reserving airspace rights and future-proofing development restrictions. For tenants, it may involve negotiating specific permissions to operate drone facilities and ensuring access rights for maintenance, security, and compliance purposes.
Both parties must also consider regulatory responsibility. In the event of a safety incident or unauthorised surveillance, who bears liability – the tenant operating the drone, or the landlord who permitted the infrastructure? Indemnity clauses, insurance provisions and operational protocols must be re-examined in light of these novel risks.
Speculative drone integration?
For developers, drone infrastructure presents an opportunity to differentiate and future-proof logistics assets, especially in the last-mile delivery sector, where speed and flexibility are paramount. As logistics operators begin seeking drone-capable sites, developers may be able to command a premium for schemes that integrate drone ports or reserve space for them.
This is particularly relevant in build-to-suit and forward funding arrangements. Developers may be asked to deliver buildings with drone capacity built in, whether that means strengthened roof structures, unobstructed take-off zones, or dedicated digital integration with UAV systems. Legal teams advising on development agreements will need to grapple with non-standard specs, new forms of infrastructure risk, and unconventional delivery timetables tied to aviation permissions.
There is also a strategic opportunity in underutilised space. Brownfield sites, tall buildings in urban delivery corridors, or even multi-storey car parks could be repurposed or topped up with drone facilities. The legal groundwork for such arrangements, especially in relation to title, rights of way, and airspace access, must be laid early and carefully.
Planning and regulatory hurdles
In addition to general planning law considerations, drone ports will trigger multiple regulatory overlays. The Civil Aviation Authority (CAA) governs drone operations in the UK, with strict rules around safety, flight zones, operator certification and data usage. Any landowner or occupier hosting a drone port will need to ensure that either they or their tenants comply with these frameworks.
That compliance burden is not purely technical as it has commercial implications. If drone operations are found to breach CAA regulations, a landlord could face reputational damage, loss of insurance cover, or even claims from affected neighbours. Legal advisors must ensure that contracts allocate responsibility clearly and require demonstrable compliance from operators.
There may also be environmental implications. Drones can generate noise pollution, visual disturbance, and privacy concerns, particularly in urban or residential settings. Planning applications may need to be accompanied by environmental and community impact assessments, and objectors may challenge proposals based on public safety or nuisance grounds. Advising clients in this space will require both creativity and diligence.
Insurance, data and surveillance risks
Drone operations inevitably involve the collection of data, whether for navigation, logistics optimisation, or visual imaging. This raises questions around GDPR, data controller responsibility, and third-party rights. If a drone captures imagery over adjacent land or buildings, could the host property owner face legal action?
Similarly, drones are vulnerable to cyberattacks and hijacking. Property lawyers may need to engage with cybersecurity clauses, insurance exclusions, and contractual controls that reflect these evolving risks. It may no longer be enough to advise on bricks-and-mortar liability; digital and aerial threats are now part of the commercial property risk matrix.
Not just a gimmick
Far from being a passing fad, drone ports represent a fundamental shift in how logistics and infrastructure interact with the built environment. For property owners, they are a potential source of new income and tenant appeal; for developers, they are a forward-looking investment; and for lawyers, they are a fast-evolving area of practice that cuts across traditional disciplines.
Buckles is already advising clients on the legal frameworks needed to support drone infrastructure, be that through leases, licences, development agreements or regulatory strategies. As airspace becomes a commercial asset in its own right, the property sector must look upwards, literally and legally.
Originally Published 11 July 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
