French Agricultural
French Farm Sales and the Role of SAFER
SAFER (Société d'aménagement foncier et d'établissement rural) is a body you will certainly come across if you are seeking to buy property in the French countryside.
This government agency has the right of first purchase on most rural property that comes onto the market in France.
So although you may think you have sealed the deal when you sign the sale contract with your seller, in fact the property is not quite yours until SAFER have had their say.
The right of first refusal by SAFER is called the droit de pre-emption.
This is effectively a right of substitution, in which the original buyer of the property is obliged to give way to the public agency.
In the process of purchase of the property, ‘purging’ of the rights of SAFER is carried out by the notaire, whose responsibility it is to write to SAFER asking them if they want to buy the property.
SAFER have two months from the date they are notified of the details of the prospective sale to make up their mind. If you are in a hurry, there is an ‘express’ service to get their response, provided you are prepared to pay extra for it.
Within each department there is a minimal land area determined by the prefecture below which SAFER does not have the right of pre-emption.
However, in some areas of the country this threshold is very low, so a small house in the country with an acre of land may still be subject to the pre-emption process!
In practice, although SAFER are omnipresent in the sale of strictly agricultural land and buildings, the vast majority of other rural property sales go through without them showing any interest.
Not Compulsory Purchase
Contrary to popular belief, their right of first purchase is not a right of expropriation; SAFER do not have powers of compulsory purchase, and no owner is obliged to sell to them.
SAFER can only pre-empt at the sale price and on the other terms stated in the sale contract. However, if they disagree with the price, then they can bring a legal action in the courts for a judge to make a decision on the sale price. If the owner is in a hurry to sell, it does then put heavy pressure on them to deal with SAFER, or face years of litigation.
Nothing prevents the owner from taking the property off the market if they do not agree with SAFER, but more often than not, a negotiated price is agreed.
Indeed, it is not unusual for SAFER to be approached by the farmer in the first instance, in the hope they will purchase their land.
The grounds on which SAFER can use their right of pre-emption really gives them carte blanche to use it when they wish, provided the purchase is in the interests of the maintenance and development of the farming fraternity or the local environment.
Accordingly, SAFER are not going to intervene to buy up land for an out-of-town shopping centre. (This is something the local mairie may do, but more about that on another occasion.)
Neither are they always able to intervene in the sale of large rural estates, if only due to a lack of budgetary resources. This is because SAFER have to buy all or nothing; they cannot pick and choose which bits of land in the sale contract they want to buy.
Ironically, therefore, it is often the largest land sales that escape being purchased by SAFER, simply because they are too rich for them!
The right of pre-emption of woodland is also specifically outside of their powers.
Local Farmers Get the Pick
Ultimately, the priority afforded to farmers does often translate into a priority to local farmers, if only because they are on the ground, and in the know.
Nevertheless, this is not universally the case. A great deal of agricultural land in France is sold to international buyers, very often because the price demanded by the seller is higher than local farmers would wish to pay.
In other cases, it has been simply because SAFER cannot afford to get between buyer and seller, or there is no local interest. Thus, given the current crisis amongst French wine growers, buying a vineyard in certain areas of France would probably not be too much of a problem!
When farmland and property comes on the market, SAFER may pre-empt on the sale of the whole farm, but when local farmers have taken the pick of what they want, what is left will then be put up for resale; perhaps the farmhouse itself with a few acres of land.
SAFER also act to avoid speculative development, notably to stop developers buying up agricultural land for development. SAFER frequently rage in the French press about the continued loss of agricultural land to other uses.
They is an objective they achieve with mixed success, for even they have to yield against a farmer who wishes to sell for other uses that have a greater value than agricultural land, and a planning authority who are willing to grant planning permission for that use.
Many critics also consider that SAFER are not slow themselves to act in a speculative manner. Local farmers who may not be so savvy about the market as SAFER, and who do not want to face the prospect of legal proceedings over the sale price, are persuaded to sell to them for a price below that may well be below the true value of the market, which SAFER then later sell on at a higher price.
Process Lacks Transparency
Moreover, the process through which SAFER use their droit de premption lacks a degree of transparency, to say the least!
The process often begins by a offical notification to the farming community of the prospective sale.
If there is interest in some or all of the land by an existing farmer, SAFER may then intervene to buy the land or property using their right of pre-emption, and then sell some or all of it on to one or more local farmers who may have expressed an interest in buying it.
The decision as to just who has the strongest case for the land is decided by a local committee (although for some transactions it is delegated to an official). As you might imagine, there is a rumour mill that circulates about just how these committees (and officials) make their decisions!
All applicants are notified as to the reasons why the committee came to their decision, but only in the most general terms. Accusations of toadyism are widespread, and there are occasional cases in the French courts about the manner in which land and property has been purchased and later resold by SAFER.
You can read more at http://www.french-property.com/news/
About the Author
David Yeates
As election looms, French politicians head to farm fair
 |
 1868 Prizes Agricultural Show Orleans French Emperor $15.81 Time Remaining: 25d 4h 9m Buy It Now for only: $15.81 Buy It Now |
 French Art Nouveau Agricultural Plaque H Navde $24.99 Time Remaining: 1d 14h 9m |
 Civil War Dated 1863 French Agricultural Medal NICE $45.00 Time Remaining: 24d 11h 18m Buy It Now for only: $45.00 Buy It Now |
 Vintage French Printed Agricultural sack jute Burlap Industrial look bag $55.00 Time Remaining: 2d 16h 48m Buy It Now for only: $55.00 Buy It Now |
 1990 Old French metal EQUINE Agricultural Award Plaque in Nice BLUE $25.90 Time Remaining: 3d 9h 51m Buy It Now for only: $25.90 Buy It Now |
 Vintage French Printed Agricultural sack jute bag hessian 1967 $65.00 Time Remaining: 2d 14h 37m Buy It Now for only: $65.00 Buy It Now |
 French Art Nouveau Agricultural Medal 2 Women Alphee DUBOIS $24.99 Time Remaining: 1d 14h 9m |
 Communism in Rural France French Agricultural Workers and the Popular Front $34.65 Time Remaining: 29d 14h 30m Buy It Now for only: $34.65 Buy It Now |
 South America French Guiana France 1910 Sugar Agricultural Co 100 fr Uncancelled $24.99 Time Remaining: 24d 19h 24m Buy It Now for only: $24.99 Buy It Now |
 AGRICULTURAL AWARD FRENCH SILVER ART MEDAL THE FARM ANIMALS $99.99 Time Remaining: 8d 8h 52m Buy It Now for only: $99.99 Buy It Now |
 1984 Press Photo Agricultural Secretary Block and French President Mitterand $33.88 Time Remaining: 12d 16h 8m Buy It Now for only: $33.88 Buy It Now |
 French India Postcard Agricultural College p35982 $7.99 Time Remaining: 5d 9h 57m Buy It Now for only: $7.99 Buy It Now |
 VINTAGE FRENCH METAL AGRICULTURAL AWARD PLAQUE Lisieux Normandy 1980 $12.00 Time Remaining: 5d 19h 14m |
 Vintage French Printed Agricultural sack jute hessian w writing bag $55.00 Time Remaining: 14h 16m Buy It Now for only: $55.00 Buy It Now |
 Vintage French Printed Agricultural sack jute bag $65.00 Time Remaining: 14h 12m Buy It Now for only: $65.00 Buy It Now |
 Communism in Rural France French Agricultural Workers the Popula John Bulaitis $83.98 Time Remaining: 26d 11h 53m Buy It Now for only: $83.98 Buy It Now |
 1926 BALLOT HEAVY OIL AGRICULTURAL ENGINE ORIGINAL VINTAGE AD FRENCH $5.00 Time Remaining: 4d 21h 42m Buy It Now for only: $5.00 Buy It Now |
 Antique French agricultural implement $46.63 Time Remaining: 2d 12h 3m Buy It Now for only: $46.63 Buy It Now |
 French Art Nouveau Agricultural Medal LAGRANGE $24.99 Time Remaining: 1d 14h 9m |
 French Shabby AGRICULTURAL FISHING Plaque Reserved Fishing PECHE RESERVEE $24.99 Time Remaining: 1d 10h 28m Buy It Now for only: $24.99 Buy It Now |
 French Shabby AGRICULTURAL HUNTING Plaque Reserved hunting CHASSE RESERVEE $24.99 Time Remaining: 18d 10h 1m Buy It Now for only: $24.99 Buy It Now |
 Communism in Rural France French Agricultural Workers $67.64 Time Remaining: 7d 17h 48m Buy It Now for only: $67.64 Buy It Now |
 Vintage french LIMOGES PORCELAIN CAFE au LAIT Bowl Agricultural Scene RARE $29.90 Time Remaining: 28d 47m Buy It Now for only: $29.90 Buy It Now |
 FRENCH AGRICULTURAL MEDAL 1887 HEAD OF CERES by PONSCARME $11.05 Time Remaining: 1d 3h 27m |
 French agricultural scenes 1859 Thrashing Farmyard Well chickens pigs food $27.66 Time Remaining: 5d 19h 59m Buy It Now for only: $27.66 Buy It Now |
 Agricultural life 1859 Ploughing Sowing Gleaning France French Cart Horses $26.08 Time Remaining: 5d 19h 25m Buy It Now for only: $26.08 Buy It Now |
 Authentic Vintage Poster Agricultural French 1930s $975.00 Time Remaining: 9d 13h 51m Buy It Now for only: $975.00 Buy It Now |
 French Vintage map agricultural Mountains in france SCHOOL CLASSROOM EDUCATIONAL $329.00 Time Remaining: 19d 14h 6m Buy It Now for only: $329.00 Buy It Now |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 21d 20h 42m Buy It Now for only: $45.00 Buy It Now |
 French Order of Agricultural Order of Social Merit $75.00 Time Remaining: 3d 21h 9m |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 15d 20h 35m Buy It Now for only: $45.00 Buy It Now |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 15d 20h 26m Buy It Now for only: $45.00 Buy It Now |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 21d 20h 39m Buy It Now for only: $45.00 Buy It Now |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 15d 20h 24m Buy It Now for only: $45.00 Buy It Now |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 15d 20h 28m Buy It Now for only: $45.00 Buy It Now |
 French School poster English THE BRITISH ISLES Industrial Physical Agricultural $1,350.00 Time Remaining: 3d 7h 3m |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 15d 20h 32m Buy It Now for only: $45.00 Buy It Now |
 French antique agricultural show plaque cattle $45.00 Time Remaining: 15d 20h 37m Buy It Now for only: $45.00 Buy It Now |
 French agricultural show plaques cows barn ranch loft $55.00 Time Remaining: 29d 13h 23m Buy It Now for only: $55.00 Buy It Now |
 French agricultural show plaques barn shabby loft sign $55.00 Time Remaining: 13d 12h 28m Buy It Now for only: $55.00 Buy It Now |
 VINTAGE FRENCH METAL AGRICULTURAL AWARD PLAQUE Rooster Equeurdreville Normandy $12.00 Time Remaining: 5d 19h 31m |
 Vintage French agricultural show plaque cows barn ranch $65.00 Time Remaining: 29d 12h 44m Buy It Now for only: $65.00 Buy It Now |
 3 Antique french agricultural show plaques 1979s shabby $55.00 Time Remaining: 29d 13h 1m Buy It Now for only: $55.00 Buy It Now |
 French agricultural show plaques shabby chic loft deco $55.00 Time Remaining: 29d 12h 44m Buy It Now for only: $55.00 Buy It Now |
 French agricultural show plaque deco shabby chic loft $55.00 Time Remaining: 29d 13h 1m Buy It Now for only: $55.00 Buy It Now |
 French agricultural show plaques shabby chic loft deco $65.00 Time Remaining: 29d 13h 1m Buy It Now for only: $65.00 Buy It Now |
 Vintage French Silver Enamel Agricultural Medal of Honour 1883 Pin $39.99 Time Remaining: 5d 20h 18m |
 Three French antique agricultural show plaques cattle $65.00 Time Remaining: 29d 13h 1m Buy It Now for only: $65.00 Buy It Now |
 French agricultural show plaques shabby chic loft deco $55.00 Time Remaining: 29d 13h 1m Buy It Now for only: $55.00 Buy It Now |
 French agricultural show plaques shabby chic loft deco $70.00 Time Remaining: 29d 13h 37m Buy It Now for only: $70.00 Buy It Now |
 French agricultural show plaques shabby chic loft deco $65.00 Time Remaining: 29d 13h 1m Buy It Now for only: $65.00 Buy It Now |
 Communism in Rural France: French Agricultural Workers and the Popular Front (International Library of Historical Studies) Sale Price: $89.00  Eligible for free shipping!Availability: Usually ships in 24 hours See Reviews For This Product DescriptionThe French countryside and the Communist Party are inextricably linked. Communism in Rural France explores this complex and powerful relationship which is so crucial for an understanding of the history of modern France...  |
 1868 Emperor French Prizes Agricultural Show Orleans List Price: Sale Price: $26.75 You save: $26.75 (50%) Eligible for free shipping!Availability: Usually ships in 1-2 business days See Reviews For This Product DescriptionFull page from the Illustrated London News dated 1868, an illustrated weekly newspaper weeks date as shown on top of page, the size of each page is approximately 11 x 16 inches (280x410). All are genuine antique prints and not modern copies, the Illustrated London News is an illustrated magazine which was first printed in 1842 and is the finest pictorial example of a historic social record of British and world events up to the present day... |
 Transformations: A Documentary Sale Price: $9.99 Eligible for free shipping!Availability: Usually ships in 1-2 business days See Reviews For This Product |
 Massey Ferguson Classic Tractors 1976-1986 Sale Price: $55.99 See Reviews For This Product DescriptionThe tractors filmed include first-class examples as well as classics in daily use. They are partnered with appropriate examples of machinery and equipment, including MF 525 and 835 combines. George French has drawn on a long experience in the tractor and farm machinery industry to write a script that is informative and deals with how the tractors performed in use. |
 Elsevier's Dictionary of Horticultural and Agricultural Plant Production: In English, Dutch, French, German, Danish, Swedish, Italian, Spanish, Portuguese and Latin List Price: Sale Price: $328.24 You save: $21.76 (6%) Eligible for free shipping!Availability: Usually ships in 24 hours See Reviews For This Product DescriptionThe first edition of this dictionary, Elsevier's Dictionary of Horticulture, edited by J. Nydam and A. de Jong was published in 1970. Since that time horticulture has expanded and developed spectacularly and the aim of this second edition is to meet a worldwide need to develop close contacts and to keep up with the developments in the horticultural world... |
|
|
Joseph Cornell`s Manual of Marvels (Hardcover) $50.64 One of Joseph Cornell`s favorite pastimes was to meander through the used bookstalls of lowerManhattan, sorting through old books, magazines, postcards, photos, and other ephemera in search ofitems to spark his creative impulses. Sometime in the early ... |
