The purchase of agricultural land in France follows a legal framework distinct from that of classic real estate. Two administrative mechanisms govern each transaction: the right of preemption exercised by the Safer and the control of agricultural structures. Understanding these two locks allows for the assessment of the actual feasibility of an acquisition project, whether the buyer is an operator or not.
Notary fees on agricultural land: a separate tax regime
Competitors provide lengthy details on the steps of purchasing, but often overlook the structure of notary fees specific to agricultural land. These fees differ significantly from those applied to buildable land.
For agricultural land, transfer duties represent about 5.09% of the price, to which are added the notary’s fees and disbursements. On buildable land, the overall rate rises further due to a different tax base and potential urban planning taxes.
The seller’s status also plays a role. When a professional subject to VAT sells a plot, the transaction may fall under the VAT margin scheme, which alters the calculation of registration fees. The conditions for purchasing agricultural land therefore include a prior tax analysis that depends on the profile of the transferor as much as that of the acquirer.
Safer’s right of preemption: concrete operation
The Safer (Land Development and Rural Establishment Company) has a right of preemption on almost all sales of agricultural land. Each notary is required to notify it of any proposed transfer. The Safer then has a two-month period to decide whether to substitute itself for the intended buyer.
This right of preemption aims at several objectives: to promote the establishment of young farmers, to consolidate existing farms, and to prevent land speculation. The Safer can also lower the price if it believes the agreed amount exceeds the market value of the land.
Three situations frequently trigger a preemption:
- The buyer does not present a viable agricultural project and the plot adjoins an active farm that wishes to expand.
- The displayed price significantly exceeds the local references published by FNSafer for the concerned region.
- A candidate for agricultural establishment has submitted a priority application to the regional Safer.
Even when an agreement is reached between seller and buyer, the Safer can cancel the transaction by exercising its right. Involving it from the start of the project reduces this risk and speeds up the process.
Control of agricultural structures: the authorization to operate
The control of structures constitutes the second administrative filter. It applies not to the ownership of the land, but to its operation. A buyer wishing to cultivate the acquired plot must obtain an authorization to operate issued by the Departmental Directorate of Territories (DDT).
This authorization is required in several cases: when the operation exceeds a certain surface threshold set by the regional agricultural operation master plan (SDREA), when the acquirer is not yet a farmer, or when the takeover competes with a candidate for establishment.
The SDREA, specific to each region, defines local priorities. An expansion project may be refused if a young farmer in the process of establishing claims the same plots. The control of structures protects access to land for new operators against accumulation logics.
Buying agricultural land without a personal operation project remains possible. The owner can lease the land through a rural lease. In this case, the control of structures only applies to the operating tenant, not to the leasing owner.
Prices of agricultural land in France: recent trends
Prices for agricultural land have been continuously rising for several years. FNSafer data indicate historically high levels, with an average price around €6,400 per hectare for free land in 2024, marking a fourth consecutive year of growth.
Regional disparities remain considerable. Areas of large-scale crops (Paris Basin, Hauts-de-France) show prices that significantly exceed the national average, while grassland livestock areas (Limousin, Auvergne) remain well below.
Several factors drive this dynamic:
- The scarcity of available land, exacerbated by soil artificialization and zero net artificialization policies.
- The growing interest of non-agricultural investors in rural land, seen as a stable asset.
- The competition between agricultural, energy (ground-mounted photovoltaic), and residential projects on the outskirts of urban areas.
The price of rented land is generally lower than that of free land, as the ongoing rural lease limits the immediate enjoyment of the acquirer. This discount varies according to the remaining duration of the lease and the amount of rent.
Buying without being a farmer: what the law actually allows
No legal provision requires the status of a farmer to become the owner of agricultural land. An individual, a civil real estate company, or an institutional investor can acquire plots classified in zone A of the local urban planning plan.
The distinction lies between ownership and operation. Owning agricultural land does not grant the right to operate it without authorization. A non-farmer owner can lease their plot to an operator through a rural lease, receive rent, and retain ownership without time restrictions.
However, the Safer examines the profile of each prospective buyer. A project presented by a non-farmer without the intention of agricultural development is less likely to escape preemption than a file submitted by an active operator or a project holder for establishment.
The French regulatory framework aims for a balance between property freedom and the protection of the agricultural vocation of soils. Each acquisition falls within this tension, and the margin for maneuver depends as much on the local context (land pressure, SDREA priorities) as on the legal structure chosen by the buyer.