How does the SAFER preemption right work in rural areas?

The properties the SAFER can preempt

The French rural land agencies (SAFER, sociétés d'aménagement foncier et d'établissement rural) hold a preemption right over transfers for consideration of real property in agricultural use and the movable property attached to it, as well as bare land with an agricultural vocation, in the areas where that right has been established (Article L. 143-1 of the French Rural and Maritime Fishing Code). This notably covers farmland, meadows and vineyards as well as, under the conditions laid down by that provision, certain farm or dwelling buildings forming part of an agricultural holding.

Transfers of shares in companies holding agricultural land come, for their part, under a separate control mechanism entrusted to the SAFER by French Law No. 2021-1756 of 23 December 2021, which is not a preemption right in the strict sense.

Statutory objectives listed exhaustively

The SAFER does not preempt freely: its decision must be linked to one of the objectives exhaustively listed in Article L. 143-2 of the French Rural and Maritime Fishing Code, and it must state its reasons by reference to that objective. That provision covers in particular:

• Helping farmers to set up, re-establish themselves or remain in farming.
• Consolidating holdings so that they can reach an economically viable size.
• Combating land speculation.
• Preserving the balance of holdings where it is jeopardised by land taken for public works.
• Carrying out projects to enhance landscapes and protect the environment.

The procedure: notification by the notary and a response within two months

The notary handling the sale must notify the SAFER of any planned transfer falling within the scope of its preemption right (Article R. 143-4 of the French Rural and Maritime Fishing Code). The SAFER then has two months to exercise its right, following rules modelled on those of the farm tenant's preemption right (Article L. 143-8, which refers to Articles L. 412-8 et seq.); its silence within that period counts as a waiver.

If the SAFER considers the price excessive, it can make an offer to buy at a lower price (Article L. 143-10). The seller may then accept that offer, withdraw the property from sale, or apply to the judicial court for a revision of the price.

Exemptions, priority of the sitting farm tenant and resale

Some transfers escape the SAFER's preemption right, in particular sales to relatives by blood or marriage up to and including the fourth degree and acquisitions by co-heirs (Article L. 143-4). Above all, the preemption right of the sitting farm tenant prevails: the SAFER cannot preempt where the tenant exercises their own preemption right under the conditions of Articles L. 412-1 et seq. (Article L. 143-6).

Finally, the SAFER is not meant to keep the property: in principle it must resell it within a maximum of five years (Article L. 142-4), after a publicly advertised call for applications, in favour of a project consistent with its missions (setting up a farmer, consolidating a holding, an environmental project). A set of binding conditions may require the transferee to keep the property in agricultural use.