Agricultural Land: SAFER Powers Strengthened from 20 August 2026

Article published on 4 September 2026.

The powers of French SAFER agencies have been strengthened by Law No. 2026-796 of 18 August 2026 on the protection and sovereignty of agriculture.

Most of these measures have applied since 20 August 2026. They directly affect owners, purchasers, farmers and investors involved in the sale of rural property or the execution or transfer of an agricultural emphyteutic lease.

Separate notifications for certain property portfolios

Where a single sale includes both property over which a SAFER may exercise a right of pre-emption and non-contiguous property which falls outside that right, the prior notification must now be made separately for each group.

Each notification must state the price and conditions applicable to the property concerned. For the purposes of pre-emption, each notification is treated as a separate transaction.

Exceptions apply, in particular, to certain groups of property including a listed historic monument and to land bearing the French “remarkable garden” label.

A wider scope for buildings previously used for agriculture

Subject to statutory conditions, a SAFER could already pre-empt a building located within its area of intervention in order to restore it to agricultural use. The period during which that building must previously have been used for agricultural activity has been extended from five to ten years before the sale.

The law also clarifies the consequences of a change of use. Particular attention must therefore be paid to the building’s history and to whether any change of use complied with the applicable planning rules.

Bare ownership: the remaining usufruct period is extended to five years

A SAFER’s right of pre-emption may now apply to a sale of bare ownership where the remaining term of the usufruct does not exceed five years, compared with two years under the previous rules.

This change must be considered when preparing transactions involving split ownership of rural property.

Stricter requirements for a tenant farmer

In some circumstances, an existing tenant farmer may prevent the SAFER from exercising its right of pre-emption. The law now also refers to the tenant’s civil partnership partner.

It strengthens the applicable requirements: the tenant must in particular have farmed the property for more than three years, hold a statutory right of pre-emption and comply with the agricultural holding control rules in relation to the plots being sold.

Merely being the farmer in occupation is therefore not necessarily sufficient to exclude SAFER intervention.

The SAFER may request a visit to the property

Before deciding whether to exercise its right of pre-emption, a SAFER may now request a visit to the property together with the Government commissioners.

The request suspends the period within which the SAFER must make its decision. Time starts running again when the visit takes place or when the owner refuses it. If less than one month remained, the SAFER has one month in which to decide; after that period, silence constitutes a waiver.

This new step may therefore have a direct effect on the completion timetable.

New controls over certain agricultural emphyteutic leases

The execution or transfer of an emphyteutic lease relating to agricultural real estate or undeveloped land intended for agricultural use must now be notified to the SAFER in advance by the notary.

The notification must be made at least two months before the proposed transaction date. Failure to notify may result in the agreement being declared null and void.

The SAFER may request further information from the notary where this is necessary to assess the lease. Such a request suspends the SAFER’s decision period until the requested information has been supplied.

The SAFER also has a regulated right to object. In particular, it must obtain the agreement of the Government commissioners, give reasons based on the statutory objectives set out in the French Rural Code, and consider either that the rent is excessive or that the terms of the lease conflict with those objectives.

Several types of transaction are excluded from this right of objection. These include certain family transactions, some previously authorised projects, and certain transactions involving public bodies or projects in the public interest. Whether an exception applies must nonetheless be assessed in light of the specific project.

These formalities should be anticipated

The strengthening of SAFER powers does not mean that every transaction involving rural property will be pre-empted or prevented. It does, however, add points that must be checked and may affect the proposed completion date.

Before selling rural property, transferring split ownership rights or entering into an agricultural emphyteutic lease, the parties should identify at an early stage:

• the nature and present or former use of the property;
• whether it falls within the relevant SAFER’s area of intervention;
• the existence of any tenancy and the tenant’s legal position;
• any split ownership arrangements; and
• the required notifications and applicable time limits.

Our notarial office can review these matters in advance, identify the relevant formalities and help secure the transaction timetable.

Official legislation

• Law No. 2026-796 of 18 August 2026, Articles 37 and 38.
• Article L. 451-1-1 of the French Rural and Maritime Fishing Code.

The content of this article is provided for general information purposes, reflects the legal materials known as of its publication date, and may become outdated following legislative, regulatory or case-law developments. It does not constitute legal advice tailored to any particular situation or any contractual undertaking by the notarial office. For advice concerning your particular circumstances, please consult a notary at our office.