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Internal research projects - year 2016

Project No.: 1292

Project title:

Tenancy of land in selected EU countries (Voltr)

Responsible solver:

Ing. Václav Voltr, CSc.

Aim of the project:

To describe legislation of tenancy of farmland in selected EU countries and analyzing their impact on rents. Evaluate foreign legal norms by comparison with the adjustment of leasing land in the Czech Republic and identify possible recommendations on the conditions of leasing of agricultural land in the Czech Republic with a view to ensure the effective protection of farming and farmland.

Summary of the project:

The project analyzed the status of leasing in selected EU countries and an analysis of a possible legal solutions for the treatment of leasing in the Czech Republic. The work is based on a general overview of the lease situation of the land in Europe in terms of legal land development and political aspects. Most attention has been devoted to detailed examination of the legal environment in France, Germany and Austria. In all countries they implemented special laws to deal with leasing land and there is a fairly strong protection for tenants. In all three countries are linked to the rights of the lessee an option to purchase in France and Austria has the right of first refusal farmer in Germany from certain acreage farmers. In Germany and France there is a supervisory body over rental market and prices are subject to revision. In Austria and France, the time of leasing is regulated. It was compiled models of the economic impact of the regulation of land market to the size of rents. Economic analysis of rent suggests that regulation of rental relations may have a significant role in generating rents. According to the statistical analysis of leasing land in most EU countries has right of first refusal to tenants reduce rents, but pre-emption rights in general, according to all available sources in the country (not only to tenants) affects the size of rents positively. The maximum sales price has to rent negatively. The minimum legal rent has to rent a positive result in the full monitoring of all the countries in the old EU countries this indicator was not statistically significant. In the calculation, there is a significant amount constant rents in new countries, which is 104 €/ha lower than in the old EU countries while taking into account all factors quantified metadatabase. The work is recommended next steps of legal training in the field in a wide debate, rather a specific law on leasing land.

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