Argentine rural land law faq

What are rural lands?

Rural lands are all those that are outside urban areas, regardless of the destination that is given to them.

Foreign people

Can foreigners buy rural land in Argentina?

Yes, but the law prohibits foreigners from owning or possessing:

  • Lands with important and permanent bodies of water or that border important and permanent bodies of water.
  • Land located in border security zones.

Is there a limit to the total amount of rural land that foreigners can have?

Yes. They can only have 15% of the rural land in our country.

This percentage is also applied to the territory of each province and, therefore, foreigners cannot own more than 15% of the territory of a province.

In addition, foreigners of the same nationality cannot have more than 30% of that total 15% on rural land.

Do the limitations to own rural land also apply to foreign companies?

Yes, the limitations apply to individuals as well as companies and simple associations.

The law considers that a company is foreign when half plus one of its share capital belongs to foreigners.

Is there a limit to the number of hectares that a foreign person can have?

Yes. Foreigners cannot have more than 1,000 hectares in the core zone and in those that are declared equivalent.

Exceptions

Are some foreigners excluded from the limitation established by law to have rural land?

Yes. The law does not apply to:

  • People who have 10 years of continuous and permanent residence in the country.
  • People who have Argentine children and demonstrate that they have a 5-year continuous and permanent residence in the country.
  • People married or living with an Argentine for 5 years before acquiring the rural land and who demonstrate permanent and continuous residence.
  • The residence is continuous when the person is in the country for more than 9 months per year.

Protected forests

What are the forests protected by law?

All. The protection includes the trees, plants and animals that inhabit the forests, the soil, subsoil and atmosphere, with its own climate and waters.

Are there different categories of forests?

Yes. The categories are related to forest conservation and are:

Category I (red): sectors of very high conservation value that should not be transformed. They are the ones who must remain as forests forever.
Category II (yellow): sectors of medium conservation value. These are areas that may be degraded, but with adequate restoration activities may have a high conservation value and be used for: sustainable use, tourism, collection, and scientific research.
Category III (green): sectors of low conservation value that can be partially or totally transformed.

Is there any compensation for those who have a protected forest on their properties?

Yes. The law creates the National Fund for the Conservation of Native Forests. 70% of that fund is to compensate the owners of land where there are forests. The benefit consists of a non-refundable contribution, which is paid per hectare and per year. The owner assumes the obligation to carry out a forest management and conservation plan.

Do forests affected by fires or other natural disasters have any protection?

Yes. The law provides that these forests must be recovered and restored.

Clearance

Is the clearing of forests authorized?

Any clearing or sustainable management of forests requires prior authorization. In no case can the clearing of forests classified as Red or Yellow be authorized.

What does it depend on to authorize the clearing of a forest?

From an environmental impact study that takes into account, among other aspects:

  • The possible negative effects of clearing on the quantity and quality of renewable natural resources, including soil, water, and air.
  • The relocation of human communities, or important changes in the life systems and customs of human groups.
  • If the forest is close to populations, resources and protected areas that may be affected by clearing, as well as the environmental value of the territory.
  • If the project will produce alteration in the landscape or in the tourist value of the area.
  • If the project will alter monuments or places with anthropological, archaeological, historical or cultural heritage value.

Natives

Does the law apply to forests inhabited by indigenous communities?

The law does not apply to areas of less than 10 hectares that belong to indigenous communities or small producers.

Are the interests of the indigenous communities that occupy those areas considered?

Yes. Indigenous communities must be listened to and ensure their access to information on everything related to forest management. In addition, the clearing or forest management project must recognize and respect the rights of the indigenous communities that occupy those lands.

National forestry extension program for native forests

Resolution 200/2023 of the Ministry of Environment and Sustainable Development creates the National Forestry Extension Program for native forests.

The Program promotes territorial development through the sustainable use of native forests, within the framework of strategies to moderate climate change and make social development compatible with the functions and ecosystem services of native forests.

Some of the objectives of the Program are to promote and develop actions to reduce deforestation and degradation of native forests and encourage management practices and conservation of native forests that include job creation, productive diversification and provision of ecosystem services.

3 actors related to the implementation of the Forest Law are recipients of the Program:

  • Local enforcement authorities (ALA).
  • The holders and inhabitants of the native forests.
  • The technicians involved in the use and conservation of the Native Forest Heritage.

The National Directorate of Forests is in charge of the implementation of the Program.