Safer rules for land purchases

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Napoleon
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Safer rules for land purchases

Post by Napoleon » Thu May 03, 2018 6:57 pm

I hope that the experienced members will be able to advise me on the purchase of land from my neighbouring farmers. I had come across the Safer organisation while reading the posts in various forums over many years but didn't expect it to cross my path directly.
We have reached the final stage of completing two separate purchases from two farmers, one French the other English. The parcels are minor pieces cut out from larger fields. They are 500 sq m and 1600 sq m. We have received the final documents for the smaller plot and it includes details of the application to Safer (I think). This is fine and we hope to complete this purchase very soon. The larger plot belongs to the English farmer who seems to be asking me if I had applied to Safer. I had incorrectly thought the plots were so insignificant that the sales would not be of interest to Safer.
I am happy to apply to Safer, probably through our notaire, but will I be able to make the application? Is it normal to involve the notaire in the application stage? How do I start the process?
I would be grateful if someone can give me the most sensible route forward.
Thank you, Alistair

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Re: Safer rules for land purchases

Post by After the Storm » Thu May 03, 2018 7:07 pm

Your notaire will do this for you.
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Napoleon (Thu May 03, 2018 7:40 pm)
In the parallel universe inhabited by Brexiteers rationality and logic are increasingly inverted if not outright subverted.

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Re: Safer rules for land purchases

Post by Napoleon » Thu May 03, 2018 11:03 pm

I had hoped for something simple like that. We will ask the notaire when we complete the first deal. It would be better face to face.
Thanks for your fast reply.
Alistair

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Re: Safer rules for land purchases

Post by pomme homme » Fri May 04, 2018 1:05 pm

I hope that the notaire has remembered to do so. When we bought a parcel of adjoining agricultural land, he omitted, for several weeks, to do so and thus the signing of our acte de vente had to be delayed until the SAFER response time had expired. If I remember correctly, SAFER has two months to give notice of its intention to exercise its right of pre-emption, which can be reduced to one month if an additional fee is paid, and I understand that it is the fact that land has been designated as agricultural, rather than the size of the plot, that triggers the interest of SAFER. Google SAFER and you'll find all the relevant information online.
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Napoleon (Fri May 04, 2018 4:58 pm)

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Re: Safer rules for land purchases

Post by Napoleon » Sat May 05, 2018 11:13 am

I have looked through the document sent from the notaire specifically to check the reference to Safer. It is clear that Safer has been informed of the sale, a wait of more than two months has been allowed for a reply and nothing has been sent back from Safer. That means the deal can proceed. This was for the very small plot of 500sq m which fits your view that any agricultural land is covered.
I now have a grasp of how to handle the larger plot. There will of course be another two month delay but we are not pressed for time.
Thanks both of you for your input.

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Re: Safer rules for land purchases

Post by mysty » Sat May 05, 2018 11:56 am

Farmers will not be interested in such small plots, if it was several acres then it may be different but even then most private individuals would pay far more than a farmer would want to pay. You can wait the two months or pay 1000 euros and get a response from safer in 24 hours :lol:
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Re: Safer rules for land purchases

Post by pomme homme » Sun May 06, 2018 12:02 pm

It's not just farmers that come under the SAFER umbrella. When first our neighbour contracted to sell the plot of agricultural land which eventually we bought, it was the syndicat which manages the adjoining river that wanted to buy it, in order to give public access to the riverbank, resulting in the SAFER notifying its intention to exercise the right of pre-emption. Fortunately our neighbour didn't want the land to be used for anything other than agricultural purposes and so withdrew the land from sale. When later we agreed to buy it from him, because the syndicat had bought another riverside plot of land elsewhere it didn't have the budget to buy our neighbour's land - and being a long, narrow field of less the half a hectare which, due to road and river boundaries, didn't abut anyone's land other than ours, it didn't interest any of the local farmers. Thus the two month period elapsed without SAFER notifying its intention to exercise the right of pre-emption and our purchase proceeded to completion.
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Napoleon (Sun May 06, 2018 8:02 pm)

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Re: Safer rules for land purchases

Post by Napoleon » Sun May 06, 2018 8:01 pm

All of this information is very good for us. I can't imagine anyone else being interested in these tiny plots. They do not have any access routes and do not have any commercial value. We on the other hand benefit greatly as the new land improves our large garden and gives us an additional, beautiful panoramic view across the valley. Our neighbours have both been very helpful and understand how it enhances our life.
I am not tempted by paying a big bill to speed the process. We do not need to hurry as we already occupy the new plots and would not contemplate spending that kind of money under those conditions. We did agree to pay all the geometre's and notaire's fees so everyone is happy.
Alistair
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Re: Safer rules for land purchases

Post by pomme homme » Mon May 07, 2018 10:41 pm

I suspect that you'll find that the 'kick in the pants' is that the notaire's fees, charges and taxes will be grossly disproportionate to the price that you pay for these small plots of land. It was the same for us, but the value of the land to us was such that we could live with that.

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