Who loses out when a parcel is stolen from the doorstep
Parcel theft is usually discussed as a security problem, and the practical steps are covered in the site’s guide to package and doorstep theft prevention. There is also a legal question that decides who bears the cost when a delivery is stolen, and the answer can depend on a choice the customer made at checkout. This article summarises section 29 of the Consumer Rights Act 2015, which applies across the whole United Kingdom, and a Citizens Advice article about “safe place” deliveries. It concerns goods bought from a trader by a consumer. It is general information, not legal advice, and it does not replace the terms of a particular courier or retailer.
The basic rule: risk stays with the trader until delivery
Section 29 of the Consumer Rights Act 2015 treats every sales contract as including a term on the passing of risk. Under section 29(2), the goods remain at the trader’s risk until they come into the physical possession of either the consumer or a person identified by the consumer to take possession of them. In plain terms, if a parcel is lost or stolen before it reaches the customer or someone the customer has named, the seller is on the hook, and the customer can look to the seller rather than the courier.
The wording matters. The trigger is physical possession by the consumer or a person the consumer identified. A parcel dropped on a doorstep is not in anyone’s physical possession in that sense, but the legal position can be changed by what the customer asked for or agreed to, which is where the “safe place” question comes in.
When the customer chooses the carrier
Section 29 has a specific exception. Under sections 29(3) and (4), if goods are handed to a carrier who was commissioned by the consumer and is not a carrier the trader named as an option, the goods are at the consumer’s risk from delivery to that carrier. Section 29(5) adds that this does not affect any liability of the carrier to the consumer. This exception is aimed at a customer who arranges their own courier for collection, not at the ordinary case of a retailer choosing a delivery firm.
Why “safe place” instructions can shift the position
A Citizens Advice branch article warns that choosing a safe place can affect who bears responsibility. When a customer nominates a safe place, parcel companies commonly mark the item as delivered as soon as it is left there, and that article says the ability to get a refund or claim compensation could be affected. It also reports a finding by Citizens Advice that only one of the six largest UK parcel companies made clear, on its website or app, who accepts responsibility when a customer nominates a safe place.
These are points about practice and company terms rather than a statutory rule. Whether a particular loss falls on the customer, the retailer or the courier turns on the contract, on what the customer agreed to, and on whether the parcel was left where the customer asked. Section 29(2) gives the starting point, but it does not automatically settle every safe-place dispute, and the article stresses that the answer varies by parcel company and its terms.
Sensible steps before choosing a safe place
- Read the courier’s terms on safe-place delivery before nominating a location, rather than accepting a default option.
- Avoid nominating a safe place unless prepared to accept the consequences, which is the advice given in the Citizens Advice article.
- Consider parcel shops or lockers as alternatives, another option that article recommends,.
- Check whether the seller or courier carries insurance for lost or stolen deliveries.
- Keep the order confirmation, delivery instructions and any tracking record showing where the parcel was left.
If a parcel goes missing
Start by contacting the retailer, since section 29 places the risk on the trader until delivery to the customer or a named person, and the contract is with the retailer. Give the tracking details and say whether a safe place was nominated. Report a theft to the police as well, especially if other deliveries have gone missing, because footage from a doorbell camera can help. The Citizens Advice consumer service can advise on next steps where a retailer refuses to help.
Common questions
Does section 29 apply in Scotland and Northern Ireland?
Yes. The legislation.gov.uk page treats section 29 as UK-wide, so it covers England, Wales, Scotland and Northern Ireland.
Is the courier or the retailer responsible?
Under section 29(2) the risk is the trader’s until the goods reach the consumer or a person the consumer identified, so the retailer is the usual first contact. Courier terms and safe-place instructions can complicate that.
Does this cover items bought from private sellers?
Section 29 concerns sales contracts between a trader and a consumer, so private sales are outside its scope.
The bottom line
For goods bought from a trader, section 29 of the Consumer Rights Act 2015 keeps the risk with the seller until the goods are in the physical possession of the consumer or a person the consumer named. Instructions such as a nominated safe place, or a carrier the customer commissioned, can change the picture in practice, and Citizens Advice cautions that parcel companies’ terms often shift responsibility. Reading the terms first is the cheapest protection.