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What it is

Rules for renting out farmland and farm operations in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 4 July 2003. Introduced by: Gobierno.

Official title: Government bill on rural leases.

Follow this law

Source: Congreso de los Diputados, file 121/000164· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law governs rural lease agreements: contracts where someone temporarily hands over land or farm operations for agricultural, livestock or forestry use in exchange for a price. It also covers leases of entire farm operations and agricultural production rights, unless the parties agree otherwise.
  2. Any individual or legal entity with capacity to contract can be a tenant, including joint ownership arrangements. The requirement of being a professional farmer and the cap on accumulating land are removed. Foreigners can only lease under the listed exceptions, such as EU citizens or permanent residents.
  3. Contracts must be in writing and have a minimum term of three years. If the landlord does not give one year's notice to take back the land, the contract is automatically extended for another three years, and this repeats indefinitely.
  4. The price is freely set in money, though it can be agreed in kind and later converted. The tenant can unilaterally withdraw from the contract with one year's notice, and the landlord can terminate it for nonpayment, for leaving the land idle, or for serious damage, among other causes.
  5. If the leased land is sold, the buyer must honor the contract and take over the landlord's rights and obligations. Assignment and subletting are allowed with the landlord's express consent, for the entire remaining term and without charging more than the agreed price.
  6. Sharecropping is a contract where the landowner and the sharecropper split the products according to what each contributes. The requirement that the owner contribute at least 25 percent of machinery, livestock and working capital is removed, and associative sharecropping is governed by the rules of partnership contracts.

Who it affects

  • Owners of rural land: They must put the contract in writing, respect the three-year minimum term, and give one year's notice to take back the land.
  • Tenants of farmland: They can choose the type of crop, withdraw with one year's notice, and sublet or assign with the landlord's consent.
  • Sharecroppers and landowners in sharecropping deals: They follow the new rules in Chapter IX, without the 25 percent capital contribution requirement.
  • Farm companies and joint ownership arrangements: They can be tenants without meeting any professional farmer requirements.

Words worth knowing

Arrendamiento rústico
A contract where someone temporarily hands over land or farm operations for agricultural, livestock or forestry use in exchange for a price.
Aparcería
Sharecropping: a contract where the landowner and the person working the land split the products in proportion to what each contributes.
Prórroga tácita
Automatic extension of the contract when the term ends, without signing anything new.
Año agrícola
The farming year, from one harvest or growing season to the next, which does not always match the calendar year.
Comunidad de bienes
A group of people who share ownership of a business or assets without forming a formal company.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced4 July 2003Someone registers the text in the Congreso.
  2. Admitted9 July 2003The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments10 July 2003Groups propose changes.
  4. Committee25 July 2003A committee goes through the text in detail.
  5. Plenary24 September 2003All 350 deputies vote.
  6. Senate2 October 2003The Senate can pass it, amend it or veto it.
  7. BOE6 November 2003It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Jul 2003Aug 2003Sept 2003Oct 200311. 4 July 2003: Presentación22. 9 July 2003: Comisión de Agricultura, Ganadería y Pesca Publicación desde 09/07/2003 hasta 10/07/200333. 9 July 2003: Calificación44. 10 July 2003: Comisión de Agricultura, Ganadería y Pesca Enmiendas desde 10/07/2003 hasta 02/09/200355. 25 July 2003: Comisión de Agricultura, Ganadería y Pesca Mesa - Calificación desde 25/07/2003 hasta 25/07/200366. 25 July 2003: Comisión de Agricultura, Ganadería y Pesca Debate de totalidad desde 25/07/2003 hasta 28/07/200377. 2 September 2003: Comisión de Agricultura, Ganadería y Pesca Informe desde 02/09/2003 hasta 04/09/200388. 4 September 2003: Comisión de Agricultura, Ganadería y Pesca Dictamen desde 04/09/2003 hasta 24/09/200399. 24 September 2003: Pleno desde 24/09/2003 hasta 02/10/20031010. 2 October 2003: Senado desde 02/10/2003 hasta 06/11/20031111. 6 November 2003: Concluido - (Aprobado con modificaciones) desde 06/11/2003 hasta 23/12/2003

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Law 49/2003, of 26 November, on Rural Leases.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error