Structures Control & Farming Authorisation

Beyond the SAFER and Sempastous, a farming authorisation in France may apply to a vineyard: the control of structures governs who may work the land. It governs not who owns the land, but who may work it — and in some cases it applies to a vineyard acquisition.

What the control of structures does

The control of structures regulates the right to farm agricultural land, with the aim of managing farm size, supporting installation and preventing excessive concentration. Depending on the situation, taking over the farming of land may require a prior authorisation to farm from the prefect, granted under regional criteria (the SDREA — the regional scheme that sets priorities).

When it applies

The regime bites on the operation of the land, not simply its ownership. It is most relevant where a buyer intends to farm the vines themselves, expands an existing holding beyond certain thresholds, or takes over an operation in a way the scheme prioritises or restricts. A buyer who acquires land to lease it out, rather than to farm, engages the regime differently from one who will operate the estate.

Why it matters to a buyer

Two practical points:

• Your intentions shape the requirement. Whether you will farm, lease or hold determines whether an authorisation to farm is in play — which is why the holding and operating structure should be decided early.
• It interacts with the other regimes. Structures control sits alongside SAFER pre-emption and, for share deals, the Loi Sempastous. A sound transaction maps all three together rather than one at a time.

How to handle it

The practical approach is to define, at the outset, how the vineyard will be held and operated, and to check whether an authorisation to farm is required for the intended arrangement. A specialist maps the position against the regional scheme so it is anticipated, not discovered. This article identifies the regime; it is not legal advice, and specific cases should be reviewed with a rural-law specialist.

In practice

The control of structures governs who may farm, not who may own — but for a buyer who intends to operate, it is a real step to anticipate. Decide your operating structure early, check the authorisation position, and map it alongside the SAFER and Sempastous.

To assess the regulatory position of an acquisition, contact VITACEAE at contact@vitaceae.fr — www.vitaceae.fr.

Related reading: SAFER pre-emption explained · Loi Sempastous · Structuring a vineyard acquisition.