Flag rules in Germany

Many people assume that a law governs when and how flags are flown in Germany. In fact there are two levels. The Basic Law and the Order on the German Flags set out what the flags look like and who flies which flag. When and how flags are flown, on the other hand, is set out in an administrative regulation, the Federal Government’s flag decree of 22 March 2005. It binds federal bodies. For private individuals, associations and businesses it is guidance, not an obligation.

Times

Unlike in Scandinavia, for example, the decree gives no fixed time for taking the flag down, but sunset. In summer the flag therefore stays up considerably longer than in winter. What “floodlit” means is explained in more detail by Protokoll Inland: not the diffuse light of a street lamp, but lighting that keeps the flag clearly visible in the dark. More in the guide to flag lighting.

Who the rules apply to

The decree applies to all federal authorities and bodies and to corporations, institutions and foundations under public law that are supervised by federal authorities. The federal states have their own decrees for their authorities, which follow the federal rules on many points. Depending on the state, municipalities have their own rules.

There is no rule on when a flag is flown from a private pole. Anyone who permanently shows a flag in their garden breaks no rule. It is nevertheless common to follow the official times, especially on flag days and when flags are at half-mast.

Federal flag or federal service flag

Germany has two flags in black-red-gold:

• Federal flag (Bundesflagge): three horizontal stripes of equal width, black at the top, red in the middle and gold at the bottom, in the ratio 3 to 5. According to Protokoll Inland, anyone is free to use it.
• Federal service flag (Bundesdienstflagge): the same stripes with the federal shield, shifted slightly towards the pole. Under the Order on the German Flags, it is reserved for federal bodies. Unauthorised use of a service flag of the Federation or a state is an administrative offence under section 124 OWiG that can be punished with a fine. This also applies to flags that can be confused with it.

Protokoll Inland points out that many “flags with an eagle” sold in shops do not show the federal service flag at all, but the centred federal coat of arms. This flag has no official definition; Protokoll Inland informally calls it a “federal coat-of-arms flag” (Bundeswappenflagge). The same rule as for the Federation applies in the states: besides the state flag there is usually a state service flag with the coat of arms, reserved for the authorities.

Further rules in the flag decree

• Vertical poles: under the decree, flags are flown on vertical flagpoles. Horizontal or angled flagstaffs are only used where that is not possible.
• Raising and lowering: flags that can be hoisted up and lowered on the pole are to be used.
• Size: under the decree, the size of the flags has to be in appropriate proportion to the size of the building and the pole. Several flags on one building are to be the same size.
• Form: only the forms in the Order on the German Flags are permitted, namely the hoisted flag and the banner. Portrait flags, outrigger flags and hanging flags are not provided for in official use. More in the guide to flag types.

Protection of the flag

The Criminal Code protects the state symbols. Under section 90a StGB, anyone who publicly denigrates the colours, the flag, the coat of arms or the anthem of the Federal Republic or of a state is liable to punishment. It is also an offence to remove, destroy, damage or deface a publicly displayed federal or state flag. Anyone who flies their own flag on their own property does not commit an offence, even if the flag is faded or frayed. Out of respect for the state symbol, it is nevertheless customary to replace a flag that has become shabby.

Old flags

There is no special rule on disposing of a worn-out flag. Most flags today are made of polyester. Since 1 January 2025, public waste management authorities have been required under section 20 KrWG to collect textile waste from households separately. Exactly how this is arranged locally differs from municipality to municipality.