Do I have to be a farmer to buy agricultural land? Are there any particular administrative steps to be taken? Although everyone has the right to buy agricultural land, there are a few conditions that must be met, which are detailed in this article.
It is quite possible to buy agricultural land without being a farmer. This is the case for a large number of landowners who rent land to farmers, and for private individuals who own plots of land for their horses.
And it is possible to own land without farming or renting it, but only for personal use as a hobby field. You can read our articles on how to turn farmland into recreational land or on the different possibilities for planting trees.
If you want to develop a small farm, you will have to become a farmer yourself.
First of all, it is necessary to remember that anyone can become a farmer and that, unlike other professions, it is not compulsory to obtain a diploma to become a farmer.
So what does the status of farmer mean? We have published a White Paper on setting up a farm, which discusses the legal definition of farming: "the control and exploitation of a plant or animal biological cycle".
A farmer is therefore someone who carries out an agricultural activity, which requires registration with the Centre de Formalités de Entreprises. And if the agricultural activity is sufficiently important, it will also be necessary to register with the Mutualité Sociale Agricole, i.e. the social security system for farmers.
It is possible to be a primary farmer, but also a secondary farmer. So someone who is not a farmer can buy a plot of farmland and become a secondary farmer.
Since a law was passed in 2003, equestrian activities have been considered as agricultural activities. Article L311-1 of the French Rural Code states that the activities of "preparing and training domestic equidae with a view to their exploitation, excluding show activities" are agricultural activities.
However, case law has clarified that the keeping of equidae for pleasure or leisure is not an agricultural activity, nor is the simple taking of board (unless it is accompanied by a breeding activity). Horse trading is not an agricultural activity either.
In recent years, we have seen the emergence of a new phenomenon: the installation of photovoltaic panels on agricultural land, known as agrivoltaics.
But the development of agrivoltaics will be highly regulated. Agricultural activity will have to remain predominant on the land, which means that this type of project will be reserved for farmers only.
Farmers will therefore be able to also make the most of agricultural land by installing solar panels. Just as they already do on many farm buildings.
One of the difficulties you may face in your purchase project is the right of pre-emption of the SAFER.
The SAFER (Société d'Aménagement Foncier et d'Etablissement Rural) is a private body with a public service remit, which controls who can buy land and the prices of transactions.
Any sale of agricultural property (vines, land, buildings, houses) must be notified to SAFER by the notary, otherwise the sale will be null and void. The SAFER then has 2 months to study the project and decide to pre-empt, i.e. to acquire the land in place of the original buyer.
Once SAFER has given notice of its intention to pre-empt, it is not possible to go back and cancel the sale. Except in the event that it preempts with a downward price revision.
The SAFER must, of course, give reasons for its decision. It will refer to regulatory objectives and will respect an order of priority giving priority to young farmers, organic farming projects and the smallest farms.
If your proposed purchase is located in a dynamic agricultural region, the risk of a SAFER pre-emption will be significant if you do not have a real agricultural project.
The situation will be different if you buy the land and then lease it to a farmer. It is your future tenant's plans that will determine whether or not you can avoid the SAFER's pre-emption. If your tenant has obtained the right to farm from the Contrôle des Structures, the risk of pre-emption will be much lower.
The SAFER is not the only body with the right of pre-emption. Local authorities (regions, départements, communes, communities of communes, etc.) can also pre-empt property sales. However, it rarely concerns agricultural land and applies to your property whether or not you are a farmer.
A plot of land in a natural zone is a plot of land in an area classified as natural or forested and which is of environmental interest. For town planning purposes, it will be classified as an N zone. Some agricultural land may be in an N zone. It should be noted that it will be virtually impossible to obtain planning permission for land classified as a natural zone.
A right of pre-emption is very often introduced in sensitive natural areas for the benefit of the départements or, for example, the Conservatoire du Littoral.
Here again, the risk of pre-emption is real and may apply whether or not you are a farmer.
The Contrôle des Structures is a regulation that controls who has the right to farm land. Above a certain surface area (which varies depending on the département), a farmer or winegrower must obtain an Authorisation to Farm (Autorisation d'Exploiter) in order to have the right to work on these parcels of land.
If you want to buy a parcel of farmland to cultivate, you may be subject to this requirement. The authority examining your application will then legally advertise your request, which may generate competing applications. The Prefect will then issue the authorisation to the applicant who has priority in terms of the regulatory objectives.
If your application is unsuccessful, you will not be able to farm the land. It is also likely, in this situation, that the SAFER will have exercised its right of pre-emption in favour of another buyer.
Renting agricultural land without being a farmer is also possible, but can also present difficulties.
Above a certain surface area (which varies depending on the département), you may be obliged to apply for authorisation under the Contrôle des Structures (see above).
And if, during the examination of your application, other people apply to farm the same plots of land, authorisation will probably be granted to the farmers.
It should be noted, however, that if you are not a farmer, the lease of agricultural land will not be governed by the status of rural leases.
Leasing agricultural land for the simple purpose of keeping horses for pleasure will not be covered by rural lease status. You will therefore be free to define the terms of the lease with the owner: duration, price, termination terms, etc.
If you find a plot of farmland for sale, you can buy it without being a farmer yourself. But there can be a number of difficulties in making this happen.
The main ones are the administrative constraints imposed by the SAFER and the Contrôle des Structures, which can stand in the way of your plans to buy or rent agricultural land. So it's important to prepare your project carefully and take the right advice to make it happen.
