Storage and transfer of ownership of lost property
As a rule, the finder must keep the lost item safe (§ 966(1) BGB). The finder may hand it over to the competent authority and must do so if the authority orders this (§ 967 BGB). Reporting a find does not itself replace physically handing it over.
If the item is at risk of spoiling or storing it would involve disproportionate costs, § 966(2) BGB provides for a public auction. The competent authority must be notified beforehand; the proceeds take the place of the item.
The six-month period under § 973 BGB concerns the finder’s possible acquisition of ownership. It does not impose a blanket duty on the lost property authority to store every reported item itself for at least six months.
Acquisition of ownership by the finder
For items worth more than €10, the six-month period begins when the find is reported to the competent authority. Acquisition under § 973(1) BGB is excluded if the finder learns of a person entitled to receive the item before that period expires, or if such a person registers their right with the competent authority.
For an item worth no more than €10, the period starts with the find itself. The special rules in § 973(2) BGB must be observed; in particular, acquisition is excluded if the finder conceals the find when asked. Other special statutory exclusions remain unaffected.
If the statutory conditions are satisfied, the finder acquires ownership by operation of law (§ 973 BGB). No separate declaration of acceptance is required. If the finder waives the right to acquire ownership by declaring this to the competent authority, that right passes to the municipality where the item was found (§ 976(1) BGB).
Lost property at public authorities and on public transport
Special rules apply to finds on the premises or in the vehicles of a public authority or a transport undertaking serving public transport (§ 978 BGB). Anyone who finds such an item and takes possession of it must promptly hand it over there or to an authorised employee.
In these cases, the finder does not acquire ownership under § 973 BGB. Nor is there an automatic transfer of ownership to the operator after six months. Disposal and auction proceeds are governed by the special provisions of §§ 979–981 BGB.
Acquisition of ownership by the municipality
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 (§ 976(1) BGB).
If the finder has already acquired ownership under §§ 973 or 974 BGB after handing over the item, ownership passes to that municipality if the finder does not request its release within the period set by the authority (§ 976(2) BGB).
Any disposal is governed by the applicable statutory provisions. Lost property law does not automatically require the proceeds to be used for charitable purposes.
Claims after transfer of ownership
Even after ownership has been acquired under §§ 973, 974 or 976 BGB, former rights holders may, under § 977 BGB, seek restitution of what was obtained through the change in legal rights under the rules on unjust enrichment. This claim generally expires three years after the transfer of ownership unless asserted in court beforehand.
Special considerations for found animals
Animals are not things (§ 90a BGB) and are protected by special laws. The rules for things apply correspondingly to animals unless different provisions exist.
The rules on lost property generally apply to animals that have actually been lost. Not every freely roaming animal is a lost animal. In particular:
- The finder must report the find promptly (§ 965 BGB).
- Animals must not simply be kept.
- In practice, animals are often temporarily accommodated in shelters or foster homes.
Acquisition of ownership is governed by the correspondingly applicable lost property provisions, particularly § 973 BGB and its usual six-month period. The statutory conditions are decisive, in particular:
- the owner could not be identified,
- all statutory duties have been fulfilled,
- no animal welfare rules prevent acquisition.
The law does not provide for an unconditional transfer of ownership.
The role of suchen.expert
suchen.expert is not a lost property authority or an official storage facility.
The platform:
- does not replace the legally required notification of a find,
- does not store lost property,
- does not examine ownership or possession.
suchen.expert serves solely to facilitate voluntary, supplementary contact between finders and owners.
Important notice
This information provides general legal guidance and does not constitute legal advice.
If you are unsure about the storage, return or acquisition of ownership of lost property, consult the competent authority or a lawyer.
