Finder’s reward, the finder’s duties and special legal considerations
Entitlement to a finder’s reward (§ 971 BGB)
Under the statutory conditions, the finder may claim a reward from the person entitled to receive the item (§ 971 BGB). The claim is excluded if the finder breaches the notification duty or conceals the find when asked.
The amount is set by law:
- 5% of the item’s value up to €500,
- 3% of the portion exceeding €500.
For animals, the reward is 3% of their value. If an item has value only to the person entitled to receive it, the reward is determined on an equitable basis (§ 971(1) BGB). Whether the finder and that person know each other personally is irrelevant.
For particularly valuable or unique items, a different reward may be agreed if both parties consent.
Enforcing the reward
If the person entitled to receive the item refuses to pay an existing claim for a reward or reimbursement of expenses, the finder may enforce it through civil proceedings.
The reward arises by operation of law and is not voluntary where the statutory conditions are satisfied.
Restrictions on the reward (§ 978 BGB)
§ 978 BGB applies to finds on the premises or in the vehicles of a public authority or a transport undertaking serving public transport.
Here, a statutory reward exists only for items worth at least €50. It is half the amount calculated under § 971(1), sentences 2 and 3 BGB.
The claim is excluded if the finder is an employee of the authority or transport undertaking concerned or breaches the duty to hand over the item.
The finder cannot acquire ownership under § 973 BGB. However, ownership does not automatically pass to the operator after six months.
Special considerations for finds at work
Employees of the authority or transport undertaking specified in § 978 BGB are excluded from the reward provided there. For other finds made at work, professional activity alone does not establish a general exclusion; the particular situation and any contractual employment duties are relevant.
When an item is found at work, the appropriate department and applicable workplace rules should therefore be consulted.
The finder’s duties (§ 965 BGB)
Anyone who finds a lost item and takes possession of it must, under § 965 BGB:
- promptly notify the person who lost it, its owner or another person entitled to receive it,
- if the entitled persons or their whereabouts are unknown, promptly notify the competent authority; for an item worth no more than €10, this notification duty to the authority does not apply. Special statutory provisions remain unaffected.
The finder must not simply keep, dispose of or pass on the item without authority.
Safekeeping (§§ 966–968 BGB)
The finder may:
- carefully keep the item themselves, or
- hand it over to the competent authority.
The finder must keep the item safe (§ 966 BGB) and hand it over if ordered by the competent authority (§ 967 BGB). Under § 968 BGB, the finder is liable only for intentional misconduct and gross negligence.
The finder may claim reimbursement of necessary expenses, including:
- storage or transport costs,
- care or maintenance costs,
- for animals: food, veterinary treatment or accommodation costs.
Under § 970 BGB, the finder may claim reimbursement from the person entitled to receive the item for expenses incurred in safekeeping, preservation or identifying an entitled person that the finder was entitled to regard as necessary in the circumstances. Not every expense is automatically reimbursable; receipts should be retained.
Special considerations for found animals (§ 90a BGB)
Animals are not things, but the rules for things apply correspondingly unless special provisions apply.
For an animal that has actually been lost, particular attention must be paid to:
- prompt notification of the find,
- the common practice of temporary accommodation in shelters or foster homes,
- reimbursement of necessary care and treatment costs.
Acquisition of ownership is generally governed by the correspondingly applicable lost property provisions, particularly § 973 BGB with its usual six-month period. The statutory conditions are decisive, in particular:
- no owner could be identified,
- all duties have been fulfilled,
- no animal welfare rules prevent acquisition.
Lost property versus treasure (§ 984 BGB)
Lost property is a lost movable item that is no longer in anyone’s possession but is not ownerless. The owner need not already be known or actually identifiable.
An item qualifies as treasure when:
- it has remained hidden for so long
- that its owner can no longer be identified.
An accidental discovery is not a requirement of § 984 BGB.
If the treasure is discovered and possession is taken as a result of that discovery, § 984 BGB gives half ownership to the discoverer and half to the owner of the thing in which the treasure was hidden. The latter is not necessarily a landowner.
State heritage laws, particularly statutory treasure rights, may provide different ownership rules and notification or handover duties. The competent heritage authority should be involved before removal or disposal.
The role of suchen.expert
suchen.expert is not a public authority or a lost property authority within the meaning of § 965(2) BGB.
The platform:
- does not replace statutory notification of a find,
- does not assess claims to a reward or ownership,
- merely provides a technical means of contact between finders and owners.
Important notice
This information provides general legal guidance and does not constitute legal advice.
For disputes concerning a finder’s reward, safekeeping or ownership, consult a lawyer or the competent authority.
