The role that local authorities can play to regulate farmland highly depends on the possibilities that national frameworks afford for action, as well as on the financial resources they may be able to dedicate to specific land and agriculture policies. For instance, in Flanders, a large part of cities’ revenue depends on the number of inhabitants and enterprises – in other words, on how much land has been developed for housing and businesses. Cities need to find alternative financial resources if they are to protect much-needed open space. This handbook makes the case that advocacy is a non-negligible area of work for local authorities to create more possibilities for proactive land action at the local level.
Often, local authorities are first-hand observers of the shortcomings of national legal land frameworks. They can provide feedback to legislators about the hurdles they meet in implementing regulatory tools locally and thus contribute to their improvement. A local view about possible incoherence between national, regional, and local level principles of action should also be integrated when revising existing laws or making new ones.
Local governments are also the best placed to qualify the type of means – in terms of budget as well as political mandates and responsibilities – they need to make a difference on the ground. They can advocate for the margins of freedom and the level of decentralisation needed to carry out efficient action.
Finally, by applying high standards and innovating for access to land, local authorities can exemplify possible avenues for change and inspire legislative bodies. They can also document lessons learned from their work and draw conclusions on policy changes needed to support the upscaling and transfer of land innovations.
It is very difficult as a city to stop the change in function of agricultural buildings and the surrounding land, because the Flemish law allows it." - Eva Kerselaers, Policy Officer Agriculture and Horticulture. City of Ghent, Belgium
Local governments have access to more direct institutional channels and have a more important political weight to appeal to senators or parliamentary representatives. They can use these platforms to convey claims for enabling access to land for agroecology and new entrants.
Local authorities can also have seats or representatives in bodies that establish certain policies. They can contribute to gearing policy by actively participating and channelling their constituents’ voices in these instances.
Using coalition representation – e.g. taking a membership in a mayors association or local authorities network – can be a more effective way to carry out lobbying, including at the EU level (through international local authorities networks such as ICLEI, NALAS, Energy Cities, and so on).
The United Nations’ voluntary guidelines on land tenure, Declaration on the Rights of Peasants, and overarching sustainability frameworks such as Sustainable Development Goals or climate agreements can provide grounds for local authorities to demand more enabling policy frameworks to improve land systems. These soft law instruments are meant to hold signatory countries accountable, any local government or citizen is legitimate in advocating for their application.
Local authorities can themselves subscribe to standards developed internationally for local governments; e.g. the Milan Urban Food Policy Pact which was signed by cities from all over the world committed "to develop sustainable food systems that are inclusive, resilient, safe and diverse, that provide healthy and affordable food to all people in a human rights-based framework, that minimize waste and conserve biodiversity while adapting to and mitigating impacts of climate change”.
Zoom on: Achieving nine sustainable development goals (SDGs) through agriculture
Key features:
Nine SDGs can be supported through supporting agroecological farms.
Municipalities who support the achievement of these goals are connecting to an international community and to a growing movement of citizens that opt for local, healthy and fair food.
Sometimes, advocacy is needed within your own local authority to convince fellow councillors or staff to take action on land. Being able to argue on how agroecological farming can objectively fulfil policy goals may help the process. Showing how your local actions line up with national and international frameworks for sustainable development is also key to convincing funders, including EU and state-level institutions. With a thoughtful land strategy, a municipality can achieve results on no less than 9 of the 17 SDGs.
Supporting agroecological farms that avoid artificial fertilisers and chemical-synthetic crop protection and limit livestock in proportion to available land protects groundwater (SDG6) and aquatic life (SDG14). By investing in soil and soil life (SDG15), farmland is less subject to erosion and reduces the risk of flooding. Moreover, through soil care, such farms build a rich humus layer capable of storing carbon, thus contributing to slowing down global warming (SDG13).
Agroecological farms diversify marketing and engage in short supply chains whenever possible (SDG8). This encourages healthy consumption (SDG2, SDG3) and contributes to a vibrant social fabric in rural areas and neighbourhoods (SDG11). Sustainable farms commit to recycling natural resources (SDG12) on-site or in cooperation with colleagues in the region.
--> Learn more: The VVSG network (Flemish Society for Cities and Communities) developed a “Cookbook for circular food policy” which includes a handy SDG indicator set to help local governments on their way to integrate and monitor them as part of their food policy (in Flemish) https://www.vvsg.be/Leden/Lokaal%20Voedselbeleid/Kookboek/Kookboek_LCVB_1110.pdf.
Complementarily to direct intervention in land markets, local authorities can leverage financial instruments such as taxation, subsidies, or local budgets to catalyse local agricultural dynamics. Depending on the degree of freedom to set local rules in the matter, these indirect interventions can:
Incentivise better land use and land stewardship
Support new generations in accessing land
Help local agriculture deliver public goods more efficiently
Curtailing bad land uses through fiscal instruments can entail, among other possibilities:
taxing land development;
taxing more heavily land transfers that are above market prices;
increasing property taxes for abandoned farmland.
While incentivising better uses may be done through:
Tax rebates for small farms (e.g. in Spain, the municipality and Spanish government can set tax rebates on the Real Estate Tax for farmland for personal and family farming).
Real estate tax exemptions for owners who agree to lease their land to farmers. For instance, the town of Claira in France led a programme to fight land abandonment. The municipal council voted to exempt owners from paying the communal share of the property tax on farmland made available to growers for 5 years.
Payments for the delivery of public services. While this is a vast area of action that goes beyond land intervention, payments can be directed to incentivising specific care for the land or applied with surface criteria (increased for small farms).
Supporting land transfer processes to new generations through fiscal and financial tools can entail:
Exemptions of succession taxes for family farm transfers. For instance, the Catalan government facilitates transfers through succession and donations tax exemptions.
Subsidising farm partnerships or internships prefigurating succession (paying for internship stipends of new farmers, allocating more investment subsidies to farm partnerships, etc.).
Financing counselling for retiring farmers and land restructuring related to succession (e.g. diversification of farms, new investments).
While transfers that do not benefit new farmers can be discouraged through:
taxing operations that lead to land concentration (taxes above a specific area of farmland held);
applying differentiated support to large farms (e.g. lower investment subsidies).
A general lowering or exemption of succession or real estate taxes on farmland can be counter-productive. If applied in an indiscriminate way, these measures can incentivise private purchases by non-farmers, who invest in land as capital to transfer to children. If possible, tax arrangements should be tied to the continuation of the farming activity.
Providing a favourable environment for agroecological farmers and minimising the withdrawal from farming also entails acting on dimensions that precede access to land, such as farmer training, and that follow farm set-up (e.g. developing local markets, life-long training and other measures to ensure small farms remain viable in the long term).
Prior to farm access, local authorities can for instance:
finance infrastructure and services to restore the land to viable farming (e.g. creating an access path, providing access to water, draining land, paying a contractor to remove bush and scrubs, etc.);
subsidise agroecological education and training programmes for farmers;
fund or provide public land for the setting up of farm incubator;
facilitate access to housing for new entrants.
To help maintain dynamic, locally-oriented, and sustainable agriculture local authorities may:
Fund the development of short supply chains including:
financing infrastructure for food processing (e.g. collective food labs that farmers can rent punctually, post-harvest season);
funding the creation of local retailing outlets, backing the development of a local brand and other farm-to-fork projects;
make strategic use of public procurement (procuring food from local farms).
Back farm diversification and other strategies to improve the viability of farms in the long term
fund agrotourism programmes;
support the maintenance of ecological infrastructures, healthy soils, etc.
help farmers receive life-long training in diverse areas (business, diversification, etc.).
As agroecological farming contributes to major environmental objectives, local authorities may support it as part of their environmental schemes. In this way, they can draw from environmental regulations and policy instruments – which are often more developed than those for farmland and agriculture – as well as from environmental budgets, which may have more dedicated resources.
The German city of Hanover created its own Agricultural Programme as part of the city’s political action plan. It was originally created to coordinate spatial planning and development with maintaining economically viable farms, supporting the conversion to organic agriculture, establishing regional marketing of food, and fostering nature and landscape conservation. The plan has been successfully implemented and yielding results since its implementation in 1994, having undergone two revisions in 2001 and 2017. A dedicated staff has ensured that the programme was implemented and developed further ever since its initiation. The revision of the plan resulted in an increased scope of the policy, going beyond just agriculture and horticulture to all kinds of food production and land use in the city.
A set of measures with different priority levels have been derived from the plan and its objectives, the ones with more priority being:
Reducing the use of agricultural land for construction and preserving it altogether where there are particularly fertile soils.
Promotion of “Land care through extensive agricultural use”
Publicly owned land is preferentially leased to organic farms.
Procurement of regional and organic products for city-run institutions (day-care centres, canteens, recreation centres, etc.) and events
Educational programmes at farms and especially “Open farms” that include DIY elements and direct marketing
Self-harvesting gardens offered by farms as a service.
There are increasing interfaces between urban planning and agriculture. But while it is clear today that small-scale and organic farming adds value to local development – as an asset for food security, climate resilience, and territorial attractivity – there is still work to do to stop considering farmland as a reserve for urban development. In order to better achieve the protection of farmland in land use planning, this handbook advocates for:
developing a shared vision for farmland in planning documents;
leveraging planning tools to safeguard farmland;
making long-term decisions and exemplifying good practices.
To prioritise land stewardship in local land plans, local authorities can back planning processes with the following dimensions:
Engaged planning. Going beyond the consultation of traditional experts and institutions, local authorities can ensure that land use planning processes engage with communities, non-profits, businesses, and preferred land users (e.g. new entrants, organic farmers). Addressing the topic of farmland in interaction with other key planning topics – housing, infrastructure, community facilities, among others – can provide a deeper and more coherent vision of how farmland should be used, and under what conditions land use changes are possible.
→ Learn more about organising democratic dialogue on land in the “” section.
Interacting with other frameworks. At state level, some countries (e.g. Germany, France) have started defining long-term objectives to curtail the loss of farmland. Spatial planning documents set for regional or provincial levels also increasingly put forward sustainable development targets. Ensuring good coordination between planning at national, regional and local levels in terms of objectives, priorities and speed of action is an important task, which can be better performed if the cross-participation of different levels of governments in planning processes is well organised.
Setting specific territorial goals for agriculture. Local authorities can also inform decision-making by creating a better picture of the contributions of agriculture to local development – e.g. measuring benefits in terms of food production, carbon sinking, risk management (see table “agriculture and territorial risk management” below) – and of the amount of land and type of farming needed to meet public goals (see Zoom box on PARCEL, online modelling for promoting local food systems). There is also a need to work into spatial planning considerations on the needs of farms and farmers, e.g. need for ecosystems preservation, need for land coherence beyond the farm unit, etc.
Zoom on: PARCEL: online modelling for promoting local food systems
Key features:
Model how much farmland you need to produce organic food for an area, group, or structure
Find out about the impact in terms of job creation and carbon emissions
For instance, PARCEL shows that if the Ile-de-France region (Paris area) was to re-localise all food production, shift to 100% organic food, reduce meat consumption and food waste by 25%, it would reduce its carbon emissions by 50% and employ over 200,000 people in the agricultural sector. It would, however, need about 5.5 million more hectares of utilised agricultural area to achieve these goals.
Though only available with French data, the principle of PARCEL can be reproduced in different planning contexts. Studies or prospective scenarios can give a concrete basis to start discussions on how much land is needed to feed your city/territory. It also renders visible interdependence between urban and rural territories.
Local authorities need regulatory tools to implement the protection of farmland in land use plans and to operationalise them. This varies across countries. Depending on your context, you may be able to leverage:
Area zoning/designation, designating areas for agriculture, nature conservation, and forestry, in addition to areas for development, urban densification, risk management, and so on.
Protected/strategic agricultural areas, demonstrating the public utility purpose of specific agriculture areas and applying additional land use protection (e.g. legal procedure to change use). See the Zoom box below on Protected agricultural zones and perimeters for the protection of agricultural and natural peri-urban areas in France.
Proactive greenbelt planning/densification policies to limit sprawl, encourage urban/city centre regeneration and brownfield development and create permanently open (and potentially productive) spaces around cities.
Proactive designation/labelling of natural sites where biodiversity protection can be associated with sustainable agriculture practices (parks, monuments, Natura 2000 areas, etc.).
Conservation easements/voluntary agreements between farmers and the local government to maintain land in farming for a set term (in return for contributions by the local governments, for instance, lower land use taxation rates).
Developer tax/compensation mechanisms, requiring developers to restore areas and natural infrastructures to compensate for the destruction of others or taxing development to provide resources for conservation/public purchase of agricultural land elsewhere.
Purchase/transfer of development rights, to remove or transfer development rights from agricultural areas to areas designated for development (for denser urban development).
Some planning tools can be leveraged to favour specific land users, e.g. permits for farm housing and buildings (which can be delivered only for specific buildings needed in organic farming for instance), or infrastructure development for access to specific farmlands.
The Grenoble Alpes Métropole (GAM) has enshrined clear goals to protect farmland in its planning documents. The Metropolis’ territorial coherence scheme (SCoT) – which provides wider orientations for planning – has set the goal to slow down urban development and to protect 90% of the agricultural and natural areas as they existed in 2000. More locally, the inter-municipal Local Urbanisme Plan (PLUi) – which defines rules for building and land use at the plot level – has declassified 188 ha of land intended for urbanisation in favour of land protection. Furthermore, the GAM has applied reinforced protection and an agricultural development programme on 610 ha, which were included in a protected agricultural and natural area (PAEN).
In addition to this, the GAM has a long-standing land intervention policy. An agreement with the SAFER rural land agency and EPFL (public land company) has been created to acquire land to be protected (through the SAFER, which has a pre-emption right). This land can be banked by the EPFL for as long as necessary to establish an agricultural project on it. The agreement has led to the acquisition of over 80 ha of farmland. An inter-communal farm was also established with public investment in the farm building and a call for tender to award the lease to organic farmers.
The GAM case provides a good example of an approach that successfully combines agricultural development and land use planning. The local land policy incorporates many of the tools available to local authorities in a coherent manner around clear and shared objectives.
Zoom on: Protected agricultural zones and Perimeters for the protection of agricultural and natural peri-urban areas in France
Key features:
Strong zoning tools to earmark land for agriculture
Processes that can constrain private owners
A protected agricultural zone (ZAP) allows earmarking agricultural zones in the local plan to apply reinforced protection based on their general interest value of these lands (quality of their production, geographical situation, or agronomic quality). A ZAP is established by prefectural decree at the request of communes. The creation of a ZAP implies that any change in land use or occupation that could permanently alter the agronomic, biological or economic potential of the area is subject to the opinion of the chamber of agriculture and the agricultural commission. Besides, if the change leads to a reduction of the area, it is submitted to a prefectural decree.
A perimeter for the protection of agricultural and natural peri-urban areas (PAEN) is a protection tool that includes:
> one or more areas designated as protected agricultural and natural land
> an action program to revive or value the area (guidelines for development and management)
> a specific right of pre-emption to carry out land acquisitions (via the land agency, at the request of the department).
The PAEN is set up by the departmental council or the intermunicipal body in charge of SCoT planning, with the agreement of the communes concerned and after the consultation of the chamber of agriculture. The protection is very strong since the perimeter can only be modified by interministerial state decree.
Besides regulatory protection, consistent action and exemplary behaviours from local authorities is an instrument of success to keep land in agriucltural use. In many countries, a vicious circle fuels urban sprawl:
⇒ Urban development has led to frequent land use changes.
⇒ Landowners entertain the idea that their land may become buildable, and thus more valuable. They prefer not to rent the land to farmers or rent it only through short-term contracts that do not allow investing/establishing a farm business on the land (e.g. land is rented for grazing horses).
⇒ As a result of landowners’ resistance, there is less farming and farmers on peri-urban land and thus urban development becomes justified because lands are abandoned or underused.
--> Learn about other ways for local authorities to support farm transfers through intermediation between retiring farmers and new entrants in the “” section.
Good idea! Avoid indiscriminate tax measures
If we want a multifunctional farming structure to produce local public goods, we will need decentralised processing infrastructure like regional slaughter houses or dairies. Since these are not provided by the free market, which tends to centralisation, they must be supported politically. Therefore, a renaissance of regional and local agriculture policies is a logical consequence. The reallocation of competencies to the local level is a primary issue” - Frieder Thomas, Managing director, AgrarBündnis e.V. Konstanz, Germany
Good idea! Agriculture and nature financial synergies
Relevant example. Associating land protection and local development in a municipal agricultural programme
Terre de Liens, the French Federation of Organic Farming and the activist think-tank BASIC created an online tool called PARCEL (for Promoting resilient, civic local food systems). The allows French consumers, citizens, local authorities to model how much farmland is needed to supply organic food to a given area (city, municipality…), structure (school, hospital), or group of population (children, seniors…). The website also shows how the area of farmland needed varies if you reduce food waste or meat consumption.
--> See more at:
--> See more (in French) at:
If they give a clear and strong signal that land will not become buildable and will be dedicated to agriculture in the long term, local authorities can gradually break this circle. Over time, they can change landowners' mindsets (see section ), and give more perspectives for the development of dynamic agriculture projects.
Figure: the role of urban planning to support local agriculture (source: Coline Perrin, INRAE, “” (online presentation in French))
Urban planning, however, is not enough on its own to restart an agricultural dynamic and ensure that land is accessed by priority users. Learn more in the next sections about other tools to intervene in land markets (see section) and to create supportive policies for access to land (see section).
Flooding and drought
permaculture projects that reduce water needs of farmers/small farms that incorporate hedges, pond
agroforestry and/or agriculture relying on perennial plants (with deep roots/which improve infiltration of water and reduce erosion)
safeguarding strategically-placed plots to improve the “sponge effect” of the city/area
Pollution
organic farms on water catchment area
organic, carbon-storing projects air cleanline
non-food plants that can help depollute soils (e.g. hemp)
Food insecurity and health
farming for short food supply chains and CSA schemes
social farming projects associated to individual gardens or local stores
farming associating educational projects (to sensitise beneficiaries to better food practices, to the benefits of local agriculture, and so on.
other farm-to-fork collectives…
Fires
support extensive grazing of lands at fire risk
Key messages:
Local authorities play a key role in implementing and monitoring land laws locally
Local authorities have the responsibility to use regulatory tools available to them to improve land stewardship and land sharing
Food, farming, and environmental policies have become areas of rising interest for local authorities. This responds to the dual pressure of demands from citizens (for local food, responses to climate change, green landscapes, clean air…) and from central governments who ask local authorities to meet objectives around carbon-storing, densified urbanisation, supply of organic food in schools, etc.
Decentralisation processes that occurred in the past 40 years have also transferred new responsibilities to local authorities to address these issues. In most countries, they hold a key role in land use planning and taxation systems. They can also catalyse policies and orient their budgets towards specific territorial development strategies. Efficient regulation for access to land can combine for instance:
coherent urban planning documents (with precise zoning to protect land and concrete monitoring);
strategic subsidies (to improve local farming infrastructure, training options for new farmers, etc.);
tax incentives policies (e.g. providing exemptions for owners who rent farmland)
strategic use of public procurement.
Are there regulatory tools to protect farmland locally? How can I create a more enabling policy environment for the development of small-scale agroecological farming? Check the infographic for a quick overview of how to act, and read the sections below for more information on the roles that local authorities can play regarding planning, administering, catalysing and advocating for sounder land policies.
Local authorities sometimes play a role in the local implementation and monitoring of national laws regarding land access and land markets. They can also activate tools at the local level to enable better use and distribution of land.
Policy tools to intervene in land markets vary across countries, and so does the role of local authorities in applying them. A few direct intervention options are summarised in the following table. Depending on your context, these may inspire you to become more proactive with tools that exist in your country or to advocate for a reform of national frameworks (see advocate section) if you need more land tools and powers for local authorities.
Land consolidation
(i.e. planned readjustment and rearrangement of fragmented land parcels and their ownership)
determine areas where to carry out a land consolidation process
realise a survey, public consultation, public advertising if a formal consolidation process occurs
organise land exchanges and land transfers (either as part of a larger consolidation process or enabling farmer-to-farmer exchanges on a regular basis, see the Ille-et-Vilaine example below)
look for funding to finance development actions in the area where a land consolidation process has occurred, manage and channel public work towards better agricultural infrastructure
→ or call on to a higher level of government to trigger the process and facilitate their local action.
Pre-emption rights
(i.e. the contractual right attributed to certain entities to acquire property before it can be offered to any other person or entity)
register and publicise land sales/transfers
advertise land sales to parties with pre-emption rights
control that land is being transferred to the party with the highest pre-emption right, arbitrate when there are concurrent rights
notify relevant authorities of land transfers
give directions for how pre-emption rights should be applied through local development agendas
applying a public pre-emption right when it exists to achieve strategic goals (e.g. moderating agricultural land prices, protecting land…)
→ or take part in land agencies or commissions that do all of the above
→ see the box “Zoom on the role of local authorities within the new Romanian land law” below for more details on how local authorities can administer land transfers
Reclaiming abandoned land
(i.e. more or less enforceable procedures to promote the recultivation of fallow lands)
identify lands that are underused or abandoned, trigger a legal process to promote recultivation
facilitate contacting owners and discussing with them options to recultivate the land
support rehabilitation of abandoned lands
support identification of and contracting with farmers to recultivate abandoned lands
→ or collaborate with other levels of government involved in triggering recultivation processes and facilitate their local action
→ See the Moëlan-sur-Mer example below
Public land banks and land banking
(i.e. buying or identifying land for future use. Land banking can sometimes be used for aggregating parcels)
identify land offers and land demands, centralise information through a website (see box “Land banks in Spain”)
act as an intermediary between land offers and land demands
carry out temporary purchase or ”banking” of land for strategic purposes (see the Ille-et-Vilaine example below)
Other land redistribution schemes exist, but they are often part of larger land reform processes and are often carried out as part of a national policy rather than decided at local level.
The department of Ille-et-Vilaine (Brittany region, France) uses different levers such as temporary banking of land for new farmers and mutually agreed exchanges of plots to encourage young farmers to set up agricultural activities and support local farms.
Land banking is carried out in partnership with the regional SAFER rural land agency. The department pays the agency’s management fees to carry out the purchase of plots up for sale, temporarily hold the land, and later transfer it back to new entrants. A lease contract can be realised while the land is held by the land agency, to facilitate the start of new farming activities. The financial support of the department is only provided to purchase land for new entrants whose projects meet specific sustainability or diversification criteria.
Mutually agreed exchanges of plots in order to maintain, strengthen and improve the viability of existing farms is a procedure provided for in the French Rural Code. The Ille-et-Vilaine department supports farmers who voluntarily engage in this procedure through subsidies to cover part of the notarial and/or surveying costs linked to the exchange, with a ceiling of €1000 per party for legal documentation costs.
The municipality of Moëlan-sur-Mer in Brittany, France, used a “rehabilitation of uncultivated land” regulatory instrument from the Rural Code. With assistance from the departmental council, an area of 120 ha of fallow land was identified and declared fit for potential agricultural use.
While this procedure can force agricultural use of the land, the municipality preferred to dialogue with owners to facilitate the return of unused plots to agriculture instead of using coercitive methods. With support from Terre de Liens Brittany and the local Organic Farmers Group, consultations were organised with owners on the type of land users and agricultural activity to prioritise for recultivation.
Despite strong challenges related to high land fragmentation, remoteness or absence of some owners, opposition from some landowners unions, and costs of rehabilitating fallow land, the procedure eventually led to the setting up a new 18 ha farm (a social project for re-employment through agriculture) and consolidating a small-scale vegetable grower farm (5 ha).
Zoom on: The role of local authorities within the new Romanian land law
Key features:
Local authorities administer pre-emption rights and notifications of land transactions
Local authorities manage and validate land sales
The main policy tool which regulates agricultural land sale in Romania is the Land Law (Law no. 17/2014), which stipulates the central role authorities have in this process. The objectives of the law are threefold: ensuring food security, protecting national interests and exploiting natural resources in accordance with the national interest; establishing measures to regulate the sale of agricultural land located in the countryside; and the consolidation of agricultural land with a view to increasing the size of agricultural holdings and establishing economically viable holdings.
The Land Law stipulates seven categories of pre-emptors and their priorities. The first tiers are co-owners or relatives, then the leaseholder, followed by owners or lessees of neighbouring land. The fourth tier is young farmers, as defined by EU regulation. The last tiers are agricultural research institutions, other natural persons who reside in the same or neighbouring administrative-territorial units where the land is located, and finally the Romanian state.
The local authorities – town halls and municipalities – are the entities managing the land transaction. They start by registering the seller’s request for posting the sale offer to bring it to the attention of pre-emptors. It is also the local authority’s obligation by law to then submit to the central structures (Ministry of Agriculture and Rural Development and State Property Agency) a file containing the list of pre-emptors, copies of the request for posting the sale offer and all other documents.
It is the local authority’s responsibility to identify and notify the holders of the pre-emptive right, at their address of residence. The pre-emptors then can express their intention to purchase in writing, communicate their acceptance of the seller's offer and register it at the town hall where it was posted, which will make this information public. If there are more pre-emptors accepting the price offer, the local authorities assess the tiers they belong to and establish who has priority in buying the land. However, if one offers a higher price, the seller can restart the whole procedure by registering a new offer for sale at the new price with the local administration. The final notification required for the conclusion of the contract of land sale is issued by the local administration for surfaces of up to 30 ha, and by the central structure for land over 30 ha.
The central structures intervene in the process of land sale if the buyer is not a pre-emptor, verifying that they comply with the law requirements needed to acquire the land. The local administration has the responsibility to make public all this information. The information about the land is also managed conjointly: while the National Land Registry is managed by the Ministry, the local public administration authorities have the obligation to provide and disseminate the information, together with the National Cadastre and Real Estate Agencies.
The central role the local authorities have in land transactions according to the Land Law places significant responsibility at the local level. This empowers the local institutions and community, but also makes land access susceptible to the relationships in the community, and thus conditioned by local dynamics of power. This translates into some mayors going in person to inform young farmers about available plots in order for them to be able to exercise their pre-emption rights, while others can choose to go directly to commercial companies. Local authorities thus play a pivotal role in regulating access to agricultural land, being concomitantly the direct enforcers of the Land Law and the ones who hold decision-making power in the community.
Action of local authorities in relation to the other actors in the land transaction process
Use fiscal and financial incentives to foster land stewardship
Fund and incentivise support to the new generations
Organise other support policies to help agriculture deliver public goods
Apply higher standards
Use institutional channels to influence national laws
Point out legal frameworkc incoherences
Communicate local realities and needs
Support diagnostic and consultation based on land zoning
Safeguard agricultural land, limit urban development
Apply stable planning objectives
Implement sound farming building, housing and infrastructure policies
Apply national and local regulatory land frameworks
Use available regulatory tools to intervene in land markets or improve land systems