The aviation law must be considered for every photography from aircrafts (this also includes drones and other unmanned aviation equipment).
Minimum flight altitude of manned aviation equipment
In Germany, the minimum flight altitude is determined by the SERA (Standardized European Rules of the Air). It is part of the regulations for visual flights. The minimum flight altitude is an absolute size, which only can be undercut during takeoffs and landings.
Exception of minimum flight altitude
When filming from helicopters or airplanes, it is often necessary to fall below the minimum flight altitude. This requires an exceptional permit from the responsible aviation authority in the federal states.
According to "§ 37 minimum safety altitude for flights according to visual flight rules" of the Air Traffic Regulations, the country's competent aviation authority for individual flights or a number of flights can make exceptions to the minimum flight altitudes prescribed in Annex SERA.5005 letter f of Implementing Regulation (EU) No. 923/2012 allow, insofar as this is necessary for the respective purpose and thereby does not endanger public safety and order." The exemption is linked to additional provisions.
The common aviation authority Berlin and Brandenburg (LUBB) will be responsible for Berlin and Brandenburg.
Filming with drones (unmanned flying objects)
Filming with Drones requieres a special permit. The fact that drones are used on the set must be taken into account and specified in the applications. The district offices or municipalities are often the owner of the area on which the drones are supposed to start and land and therefore have to inquire about the ascent permit.
"The most important regulations at a glance:"
(See: BMVI - The new drone regulation, as of March 2020, published by the Federal Ministry of Transport and Digital Infrastructure)
Please note that it is strictly forbidden:
Filming with drones - regulations in Berlin and Brandenburg
Detailed information and the application and permit procedure in Berlin or Brandenburg and about the two flight restriction areas can be found on the website of the common aviation authority Berlin and Brandenburg (LUBB).
Here are a few recommendations of the LUBB:
Restricted flight areas in Berlin and Brandenburg
"In Berlin and Brandenburg there are two restricted areas (so-called ED-R) in which the operation of aircraft - including unmanned aerial vehicles - is prohibited.
Exceptions to the prohibition in ED-R 4 and ED-R 146 can only be approved by the Federal Supervisory Authority for Air Traffic Control (BAF).
On January 28, 2016, the Federal Inspectorate for Air Traffic Control announced a general order for issuing flight permits in regards of flights with unmanned aerial vehicles by the flight restriction area ED-R 146 (Berlin) (NfL I-657-16). Thereafter, the permit to fly through the flight restriction area ED-R 146 with unmanned aerial vehicles is considered granted if certain conditions are met. For details, please check here.
Further information and the application procedure can be found on the website of the Federal Air Traffic Control Authority ." (quoted and translated after: LBV )