When a Société d'Aménagement Foncier et d'Établissement Rural (SAFER) intervenes in a pre-emption-retrocession transaction or in a substitution, it defines precise specifications and imposes commitments on the purchaser. The purpose of these conditions is to guarantee the agricultural vocation of the rural property, to ensure environmental protection and to comply with the objectives of land and agricultural development. This detailed article, which complies with the French Rural Code, covers :
SAFER's right of pre-emption is based on articles L143-1 to L143-16 of the French Rural Code. This right allows SAFER, in favour of SAFER, to acquire by pre-emption any onerous title to a rural property (agricultural land, a farm, a farm building, etc.) put up for sale, following notification of the sale by the notary. The aim is to :
- Preserve the agricultural vocation and use of plots of land.
- Combat speculation and the unjustified loss of value of rural land.
- Ensure balanced development of agricultural land.
- Facilitate the transfer of ownership to farmers or rural establishments.
The DIA is compulsory prior information. It is the notary who draws up the deed of sale who sends a complete file to the SAFER within two months of notification of the synallagmatic promise or the unilateral promise to sell. Without a DIA, the sale is null and void and may be annulled by the Tribunal de Grande Instance.
In a pre-emption-retrocession scheme, SAFER exercises its right of pre-emption, buys the plot of land and then sells it on to a buyer (a farmer or a rural establishment) as part of an advantageous retrocession. The advantages for the buyer are :
- A price in line with market value.
- Access to a preferential scheme to encourage young farmers to set up in farming.
- Simultaneous obtaining of authorisation to farm under the Control of Structures (Contrôle des Structures).
- Guaranteed agricultural use, with specifications governing agricultural use.
The substitution of the SAFER is an amicable process involving several stages:
- SAFER receives a unilateral promise to sell signed by the seller.
- SAFER looks for potential buyers (farmers, local authorities) and asks them to sign a promise to purchase.
- The technical committee approves the application or selects a candidate from the various applications submitted.
- A contract of sale with substitution is signed between the seller and the buyer, mentioning SAFER's involvement.
The advantage of this approach is that only one notarial deed needs to be drawn up, thereby reducing legal costs, unlike a pre-emption - retrocession operation, which requires 2 separate notarial deeds to be signed.
Whether in the context of a retrocession or a substitution, the purchaser must agree to comply with a set of specifications that includes a number of undertakings.
3.1 Agricultural use and destination
The purchaser undertakes to maintain the agricultural use of the property:
- Agricultural use is compulsory: the use may not be changed without the prior agreement of SAFER.
- It is forbidden to subdivide the property, reclassify it as a building zone or build a dwelling not connected to the farm.
3.2 Maintenance and development
The purchaser must comply with a land development plan and environmental commitments:
- Maintenance of hedges, borders and embankments to preserve biodiversity.
- Building drainage, access roads or retention basins according to a timetable (often 5 years).
- Construction or renovation of farm buildings that comply with environmental standards.
3.3 Agricultural and social operations
- Effective operation: the purchaser must operate the farm personally or lease it under a rural lease (ten years from the date of signature).
- Option to take on a young farmer or to take part in a collective project (regional development).
3.4 Corporate control
When the SAFER sale is made to a company, or when the farming of the rural property is entrusted to a company, the SAFER generally includes clauses allowing it to control movements of company shares for the duration of the commitment. For example, it will not be possible to sell the company's shares to a new partner without SAFER's agreement.
4.1 Minimum duration
- Ten years from the date of the deed of sale: minimum duration of the specifications.
- Can be extended to fifteen years or more, depending on the nature of the project (wetlands, natural areas to be protected).
4.2 Pre-emption and retrocession periods
- The SAFER has two months (two-month period) in which to exercise its right or to inform the buyer that it has withdrawn.
- In the event of a pre-emption decision, the initial purchaser may lose his promise after two months of silence.
- In the case of retrocession, SAFER must complete the transaction within six months of the pre-emption decision.
5.1 Partial and full pre-emption
- Partial pre-emption: SAFER may acquire part of the property if several plots are sold in the same lot.
- Preservation: in the event of resale, SAFER retains a priority right of pre-emption for the transfer of ownership.
5.2 Land registration and prior information
- The transfer must be registered with the land registry and the SAFER must be informed in advance by the notary.
- Any successor (subsequent transferee) remains subject to the commitments in the specifications.
6.1 Invalidity of the sale and penalties
- Nullity of the sale: absence of a DIA or failure to comply with the specifications; ordered by the court.
- Financial penalties: damages and forced repossession of the title.
- Court of Cassation ruling (July 2023) confirmed the forced execution of the clauses of a specifications document.
6.2 Favourable treatment
- To encourage young farmers to set up in business, SAFER may offer a reduced transfer price.
- Article 1028 ter of the Code of Civil Procedure: facilitates the registration of pre-emption decisions in the event of litigation.
7.1 Protecting natural areas
- Buffer zones around watercourses.
- Respect for ecological corridors and protected habitats.
7.2 Acting for regional development
- Contributing to land development and rural cohesion.
- Supporting the agricultural vocation and maintaining family farms.
8.1 Pre-emption-retrocession in wetlands
A plot of land in a strategically humı́dated area is pre-empted. The SAFER acquires it in April, puts in place 15-year specifications, including protection of ponds and planting of riparian vegetation.
8.2 Substitution between farmers
A transferred farmer wanted to sell to an investor. SAFER stepped in, then sold the land to a young farmer to maintain the farm, with a ten-year lease.
Pre-emption-retrocession and substitution by the SAFER are powerful tools for guaranteeing the agricultural use and environmental protection of rural properties. The purchaser's commitments take the form of binding specifications, for a period of ten to fifteen years or more. Before making a commitment :
- Read the specifications carefully and check the environmental commitments.
- Plan ahead for the works and arrange a bank guarantee.
- Consult a specialist lawyer or notary to secure the deal.
- Assess the price in terms of the SAFER's profit and the preferential treatment granted.
By mastering these legal conditions, you can contribute to sustainable agricultural development that respects environmental and social issues.
