Relevant provisions of the German Civil Code (BGB) on lost property on suchen.expert
The following is an overview of the main BGB provisions on lost property. These rules govern the lawful handling of found items.
Note: This information provides general guidance and is not legal advice. The current statutory text and the practice of the competent authority are decisive.
§ 965 BGB – Notification duty
Key point: Anyone who finds a lost item and takes possession of it must report the find promptly.
The person who lost it, its owner or another person entitled to receive it must be notified promptly.
If the entitled person or their whereabouts are unknown, the find must be reported promptly to the competent authority, for example the lost property office.
Note: For an item worth no more than €10, the duty to notify the authority under § 965(2) BGB does not apply. Special statutory provisions remain unaffected.
§ 966 BGB – Duty of safekeeping
Key point: The finder must keep the item safe.
If it is at risk of spoiling or storing it entails disproportionate costs, § 966(2) BGB requires it to be sold at public auction. The competent authority must be notified beforehand.
The proceeds take the place of the item.
§ 967 BGB – Handover duty
Key point: The finder may hand the item or auction proceeds over to the competent authority and must do so if ordered by that authority.
This facilitates proper safekeeping and return to the entitled person.
§ 968 BGB – The finder’s liability
Key point: The finder is generally liable only for intentional misconduct and gross negligence.
The statutory duties of notification, safekeeping and, where applicable, handover remain in place.
§ 969 BGB – Return to the person who lost the item
Key point: Returning the item to the person who lost it also discharges the finder’s obligation towards other persons entitled to receive it.
§ 970 BGB – Reimbursement of expenses
Key point: The finder may claim reimbursement from the entitled person for expenses incurred in safekeeping, preservation or identifying a person entitled to receive the item that the finder was entitled to regard as necessary in the circumstances.
Recommendation: Document expenses and retain receipts.
§ 971 BGB – Finder’s reward
Key point: The finder may claim a reward. The statutory rates are:
- 5% of the value up to €500,
- 3% of the portion exceeding €500.
For animals, the reward is 3% of their value. If the item has value only to the person entitled to receive it, the reward is determined on an equitable basis.
Important: The claim is excluded if the finder breaches the notification duty or conceals the find when asked (§ 971(2) BGB).
§ 972 BGB – The finder’s right of retention
Key point: §§ 1000–1002 BGB apply correspondingly to claims for expenses and a finder’s reward. In particular, a right to retain the item may arise; the statutory conditions and time limits must be observed.
The right of retention provides security but does not replace any applicable notification or handover duties.
§ 973 BGB – Acquisition of ownership after a period expires
Key point: For items worth more than €10, the finder generally acquires ownership six months after reporting the find. This is excluded if the finder learns of an entitled person beforehand or such a person registers their right with the competent authority. Other statutory exclusions remain unaffected.
For an item worth no more than €10, the six-month period starts with the find itself. The special rules in § 973(2) BGB apply, particularly exclusion where the finder conceals the find when asked.
§ 974 BGB – Request for a declaration in special circumstances
Key point: If entitled persons become known before the period expires or timely register their rights in an item worth more than €10, the finder may request a declaration regarding the finder’s claims under §§ 970–972 BGB through the procedure in § 1003 BGB. If they do not declare their willingness to satisfy those claims within the prescribed period, ownership may be acquired under § 974 BGB.
§ 975 BGB – The finder’s rights after handover to the authority
Key point: Handing the item or auction proceeds over to the competent authority does not affect the finder’s rights. The authority may release the item or proceeds to an entitled person only with the finder’s consent.
Where applicable, the auction proceeds take the place of the item.
§ 976 BGB – Transfer to the municipality
Key point: If the finder declares to the competent authority that they waive their right to acquire ownership, that right passes to the municipality where the item was found. If the finder has already acquired ownership under §§ 973 or 974 BGB after handover, ownership passes to the municipality if the finder does not request release within the period set by the authority.
§ 977 BGB – Unjust enrichment claim following loss of rights
Key point: A person who loses a right through a transfer of ownership under the lost property rules may, under certain conditions, seek restitution under unjust enrichment law.
The claim generally expires three years after ownership transfers unless it is asserted in court beforehand. This is a statutory period extinguishing the claim, not the ordinary limitation period.
§ 978 BGB – Finds at a public authority or public transport undertaking
Key point: Anyone who finds an item on the premises or in the vehicles of a public authority or a transport undertaking serving public transport and takes possession of it must promptly hand it over there or to an authorised employee.
The following special rules apply in particular:
- a reward exists only for an item worth at least €50 and is half the amount calculated under § 971(1), sentences 2 and 3 BGB,
- acquisition of ownership by the finder under § 973 BGB is excluded,
- the reward is excluded for employees of the authority or undertaking concerned and where the handover duty is breached.
There is no automatic transfer of ownership to the operator after six months. Special statutory rules govern disposal and proceeds.
§§ 979–983 BGB – Disposal, public notice and proceeds
Key point: These provisions concern in particular:
- disposal or auction of lost property in certain cases,
- public notices inviting entitled persons to assert their rights where required,
- handling and release of auction proceeds.
The procedure depends on the statutory conditions. § 983 BGB extends §§ 979–982 to certain items held by a public authority where it has a non-contractual duty to return them and the entitled person or their whereabouts are unknown.
§ 984 BGB – Treasure
Key point: Treasure is an item that has remained hidden for so long that its owner can no longer be identified.
If it is discovered and possession is taken as a result of the discovery, the discoverer and the owner of the thing in which it was hidden generally acquire half ownership each.
State heritage laws, particularly statutory treasure rights, may provide different ownership rules and notification or handover duties.
Note on suchen.expert
suchen.expert is not a public authority or an official lost property authority within the meaning of § 965(2) BGB.
Publication on suchen.expert serves solely as voluntary, supplementary assistance in establishing contact between finders and people searching for items. It does not replace the legally required notification of a find to the competent authority or a report to the police.
